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Media & Entertainment Law

Entertainment Law Update

Law Firm website/blog devoted to entertainment law. Contains information of interest to lawyers and others in the entertainment industry. Covers film, television, music, theatre, new media, internet, etc.
By Gordon Firemark

Post Frequency: 1.6/day

Last Entry: March 24, 2011 at 16:46:53

Asked and Answered: Do I need BOTH an agent and an attorney?

Posted on November 12, 2009
Q: What is the relationship between an entertainment attorney and an agent? The promotion and the protection of intellectual property are inextricably related. Can an erstwhile screen author obtain combined services? A: Your Agent and your lawyer are each key members of your team...

Business Owners: Don?t be fooled by official-looking solicitations

Posted on November 10, 2009
California business owners have recently been plagued by phony notices suggesting that they’re in danger of losing their corporate status, or being subjected to fines. These official-looking notices from organizations with names like “corporate compliance center” request a fee and completion of a form to ensure the company’s continued compliance with California Law...

Changes to email subcriptions coming soon!

Posted on October 30, 2009
Readers who’ve subscribed to receive these blog updates via email will soon be receiving a new opt-in request, as I’m switching over to the Aweber.com email service for my newsletter. I’ll shortly be discontinuing email delivery via feedburner...

Is ?throughout the universe? contract language broad enough?

Posted on October 29, 2009
Eriq Gardner at the Hollywood Reporter, Esq. blog has got me thinking. In his post today he discusses a Wall Street Journal article that pokes fun at entertainment lawyers’ use of “throughout the universe, in perpetuity” to define the territorial scope and the term of rights being granted by a contract...

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Asked & Answered: I don?t have a formal contract. How do I make sure I get my credit?

Posted on October 12, 2009
“Asked and Answered” is an occasional feature of this blog. From time to time, I’ll answer some of the most frequently asked questions I receive in my practice. Q: I applied to write a short for a small independent film company when they advertised for a writer...

Asked & Answered: Does a submission release affect my copyright? Should I sign?

Posted on September 29, 2009
“Asked and Answered” is an occasional feature of this blog. From time to time, I’ll answer some of the most frequently asked questions I receive in my practice. This is intended as general information only and does not establish an attorney-client relationship...

Asked and Answered: What good is having a copyright if I don't have money to sue an infringer?

Posted on September 28, 2009
“Asked and Answered” will be a new occasional feature of this blog. From time to time, I’ll answer some of the most frequently asked questions I receive in my practice. This is intended as general information only and does not establish an attorney-client relationship...

My guest appearance on Podcasters Emporium

Posted on September 27, 2009
PODCASTERS EMPORIUM #18Download audio file (podcastersemporium-episode18.mp3) I’m very flattered to have been asked to travel (sadly, only virtually) to Australia to join James Williams and Dave Gray, the hosts of Australia’s “Podcasters Emporium” to talk about the legal ins and outs of podcasting...

Entertainment Law Update Podcast, Epsiode 5 ? of Hobbits, Lamps, Photographers & Google Books

Posted on September 22, 2009
Episode 5 of my Entertainment Law Update podcast is now available. Visit the site to subscribe using iTunes or your favorite RSS Reader. Attorneys can get California MCLE (Continuing Legal Eduction) credit, too! Download audio file (EntertainmentLawUpdateEpisode005...

Asked and Answered: Should I have a Loan Out Company?

Posted on September 21, 2009
“Asked and Answered” will be a new occasional feature of this blog. From time to time, I’ll answer some of the most frequently asked questions I receive in my practice. This is intended as general information only and does not establish an attorney-client relationship...

The Google Books Settlement and music publishers: EMI opts out.

Posted on September 17, 2009
Chris Castle over at the Music Technology Policy blog has posted an insightful piece about EMI’s decision to opt-out of the Google Books Settlement. Here’s the link: http://www.musictechpolicy.com/2009/09/google-to-emi-stop-me-before-i-infringe...

Asked and Answered: Do I need a release to tell a true story about a person?

Posted on September 15, 2009
“Asked and Answered” will be a new occasional feature of this blog. From time to time, I’ll answer some of the most frequently asked questions I receive in my practice. This is intended as general information only and does not establish an attorney-client relationship...

Jeremy Piven is Off The Hook. Fish story satisfies arbitrator.

Posted on August 27, 2009
THR Esq. reports today that Jeremy Piven’s mercury poisoning excuse for leaving the Broadway production of “Speed The Plow” last season is sufficient, and he’ll not be liable to the producers for breach of contract, or other claims...

What?s the REDBOX flap really about?

Posted on August 20, 2009
Well, money, of course. Here’s the background: Redbox is a company that provides $1 DVD rentals through kiosks set up in local supermarkets and other convenient locations. You’ve probably seen the large red kiosks standing next to the Coinstar machines, lottery ticket vending machines, and Rug-Doctor rental stands...

Entertainment Law Update Podcast ? Episode 4: The Pope & The Little Mermaid turn it up to 11

Posted on August 13, 2009
Episode 4 of my Entertainment Law Update podcast is now available. Visit the site to subscribe using iTunes or your favorite RSS Reader. Attorneys can get California MCLE (Continuing Legal Eduction) credit, too! Download Episode (right click) Approximate Running Time: 1:14

Hello world!

Posted on August 11, 2009
Welcome to WordPress. This is your first post. Edit or delete it, then start blogging!

To LLC or Not to LLC? Not really a question.

Posted on July 28, 2009
Do I really need to form a separate LLC for each film I make? Every independent filmmaker who consults me about starting a new privately financed project asks me whether it?s really necessary to form an LLC for the Picture, or whether she can do it under her existing production company...

Entertainment Law Update ? Episode 3 ? Bloggers, Journalism & Defamation

Posted on July 15, 2009
Episode 3 of the Entertainment Law Update podcast is now available at http://entertainmentlawupdate.com Download Episode (right click) Approximate Running Time: 1:06 SHOW NOTES can be found at http://entertainmentlawupdate.com In this episode: MCLE Approval – California Approved Episode 1, pending on 2 and 3...

Why productions like ?Moneyball? get shelved.

Posted on July 07, 2009
Last month, just hours before the scheduled start of production on Columbia Pictures’ “Moneyball”, starring Brad Pitt and directed by Steven Soderbergh, the studio pulled the plug on production, putting the project into “limited turnaround” With an A-list star like Brad Pitt, and a well-known and respected Director, the film seemed a sure-thing to some, so [...

Federal Court changes rules for Attorney?s fees awards in copyright cases.

Posted on July 06, 2009
The 9th Circuit Court of Appeals, in an unusual move, has overturned a 68 year old precedent, redifining the term “prevailing party” in copyright infringement cases. In Cadkin v. Loose, 2009 WL 1813263 (9th Cir, 2009), the Plaintiff, after extensive settlement negotiations, an amended complaint, and other legal maneuvering, voluntarily dismissed its complaint...

Copyright Registration and other fees increase August 1st

Posted on July 02, 2009
Everybody knows that copyright registration is important, and that doing so in a timely fashion can provide a copyright owner a greater award in an infringement suit. With the current backlog of registrations in the Copyright office, it’s especially important to get your works into the que for registration as soon as possible...

P.R.O.s continue policy of suing bars and Restaurants. Are your licenses in place?

Posted on July 02, 2009
As I blogged here last December, Performance Rights Organizations like ASCAP and BMI continue their policy of pursuing legal action against bars and restaurants that play music without proper licensing. The Hollywood Reporter, Esq. blog has a piece today, that reminds us of the policy...

Talent Agent?s chilling ?State of the Industry? message sends shivers through entertainment industry

Posted on June 30, 2009
Talent agent James J. Jones of Premiere Talent, issued a gloomy “State of the Industry” message last March, which has been circulating around town among established actors and hopefuls alike. The message paints a bleak picture for an industry following two major labor disturbances in the past two years, and suggests that [...

Reflections on the fate of the music business as we know it.

Posted on June 12, 2009
A panel I attended recently at the Recording Academy addressed digital music, particularly the problems songwriters (and record labels, artists, etc.) have getting paid for their music, particularly in the face of file-sharers obtaining copies for free...

Entertainment Law Update Podcast - Episode 2

Posted on June 03, 2009
Episode 2 of the?Entertainment Law Update Podcast, hosted by yours truly, along with?Tamera Bennett?is now online . In this episode, Tamera and I round up the latest entertainment law news, including: Beverly Hills Bar Association’s Entertainment Lawyer of the Year Pres...

Speaking at LA County Bar Association

Posted on May 29, 2009
I’m pleased to have been asked to join an impressive panel of lawyers, including internet defamation attorney Adrianos Fachetti; class action attorney H. Scott Leviant; Barger & Wolen Marketing Director Heather Milligan, and mediator attorney Victoria Pynchon, to discuss how lawyers can use and benefit from social media...

Will Judge Sotomayor be good for the entertainment industry?

Posted on May 26, 2009
President Obama today named Judge Sonia Sotomayor as his nominee for the Supreme Court seat to be vacated by Justice David Souter upon his retirement at the end of the current term. Ben Sheffner of the Copyrights and Campaigns blog points out that before her appointment to the Federal Bench by then President George H...

Copyright Registration System under fire - part 2

Posted on May 23, 2009
In part I of this series, I discussed the current backlog on registrations at the copyright office. Here, I discuss a more fundamental issue which questions the very validity of every copyright registration. Questions about the validity of U.S. Copyright Registrations may require dismissal of every copyright suit!? In most U...

Copyright Registration System under fire - Part 1

Posted on May 22, 2009
Entertainment Lawyers are always quick to advise their clients to register copyrights in their work. Today, however, a couple of issues have arisen that make me wonder if the current US Copyright registration system isn’t in trouble. Major Backlog at the Copyright Office raises questions about the whole system...

How not to use the internet to find investors for your film or theatre project.

Posted on May 13, 2009
In recent weeks, I?ve begun to see more and more independent filmmakers and theatre producers using forums, chat rooms, and other internet-services to seek out investors for their projects. In most cases, these inquiries are couched in plain language: ?Seeking investors for independent film? or similar...

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