Media & Entertainment Law

Jeremy Piven?s fish-story gets him off-the-hook.

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...

Jeremy Piven's fish-story gets him off-the-hook.

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...

The role(s) of producers in modern theatre

Posted on August 21, 2009
Ken Davenport is a Broadway producer who generously blogs his thoughts about the theatre business.  Recently, he posted a terrific explanation of the roles of producer and ‘lead’ producer.  It’s worth a read. “What’s the difference between a lead Producer and a Producer?”.

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 .

To access blog feed reader register for free. (You will also learn about new ways to read and access the freshest law blogs.)

Livent?s Drabinsky and Gottlieb sentenced to Prison

Posted on August 11, 2009
In the 1990’s Garth Drabinsky’s LIVENT was the hottest commercial producing company on Broadway.  With hits like Ragtime! Show Boat, Kiss of the Spider Woman, and Fosse!, the company and its founders were on top of the world. It all came crashing down late in the decade, when it came to light that the company had [...

Hello world!

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

Livent's Drabinsky and Gottlieb sentenced to Prison

Posted on August 11, 2009
In the 1990’s Garth Drabinsky’s LIVENT was the hottest commercial producing company on Broadway.  With hits like Ragtime! Show Boat, Kiss of the Spider Woman, and Fosse!, the company and its founders were on top of the world. It all came crashing down late in the decade, when it came to light that the company had [...

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

Posted on July 14, 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...

Producers beware! Theatregoer sues over canned music and wins!

Posted on July 10, 2009
We’re definitely not in Kansas anymore! A british theatregoer has prevailed in his lawsuit against a theatre that used recorded music in staging its production of “The Wizard of Oz”. In a time of increasingly tight budgets, many theatre groups are opting for recorded musical accompaniment, in lieu of paying for an orchestra, conductor, and the additional [...

Financing (small) commercial theater

Posted on July 07, 2009
INTRODUCTION Raising the financing for any theatrical production is a challenge, even in the best of times. With the current economic climate (which I suspect will remaim the norm for some time), it’s even more difficult to convince investors to fund production of a stage production...

Critic / Play-doctor John Lahr sues Elaine Stritch

Posted on July 01, 2009
Elaine Stritch John Lahr When Elaine Stritch opened her Tony award winning “Elaine Stritch At Liberty” in 2000, she did so with help from theatre critic and author John Lahr, best known for his essays, reviews and reportage at The New Yorker magazine...

Congratulations, Tony Award nominees and winners!

Posted on June 08, 2009
Congratulations to the Broadway League, The American Theatre Wing, and to all of our friends, clients and colleagues who were nominated and/or took home Tony Awards last night! What a show. Host Neil Patrick Harris was terrific, and the musical numbers were just right.

Entertainment Law Update Podcast - Episode 2

Posted on June 03, 2009
Entertainment Law Update Podcast 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...

Texas licensing bill for lighting designers defeated in state House

Posted on June 03, 2009
As predicted by commenters to my post last week, the Texas House of Reps has defeated  parts of a  a Senate bill that would have required that lighting designers be licensed.

Theatrical Lighting Designers may soon be required to be licensed in Texas

Posted on May 27, 2009
Stage Directions magazine reports that  The Texas Senate has passed legislation that will prohibit anyone from practicing lighting design except for registered architects, landscape architects, engineers, interior designers, and commercial electricians...

How Not to use the internet to raise financing

Posted on May 13, 2009
On my other website, I’ve just posted an article about financing film and theatre projects, and how producers often shoot themselves in the foot by seeking investors on the internet. Here’s the link

R&H Music Publishing Catalog valued at $200 Million (estimated)

Posted on April 24, 2009
My friend and podcast co-host Tamera Bennett has posted an article at her blog  about the valuation of the Rodgers & Hammerstein music publishing catalog.  Apparently, the catalog was worth around $200 Million when it was recently purchased by a Dutch pension fund...

Entertainment Law Update Podcast - Episode 1

Posted on April 21, 2009
Entertainment Law Update Podcast I’ve been talking about this quite a bit lately, and it’s finally here… My new podcasting venture is a reality. Episode 1 of the Entertainment Law Update Podcast, hosted by yours truly, along with Tamera Bennett is now online ...

On Domain Names, squatters and new show titles.

Posted on April 14, 2009
One of my favorite blogs is Ken Davenport’s PRODUCER?S PERSPECTIVE. Ken has posted an insightful piece about cyber-squatters and the need to register your show’s domain name(s) early. The article is titled: Got an idea for a show? Here’s the first thing you should do...

Introducing Entertainment Law Update Podcast

Posted on April 13, 2009
Launching April 20th, Entertainment Law Update is an audio podcast featuring Entertainment attorneys Gordon P. Firemark and Tamera Bennett. Every month, our hosts and guests will survey the legal landscape of the entertainment industry, discussing the top cases and news stories of interest to lawyers and entertainment business professionals...

Happy World Theatre Day!

Posted on March 27, 2009
I’ve just learned that Today is World Theatre Day. Since 1961, the International Theatre Institute has celebrated on March 27 with the reading of a World Theatre Day Message and various national and international theatre events to mark this occasion...

Jeremy Piven - Speed the Plow producers to arbitrate in June

Posted on March 25, 2009
Jeremy Piven’s departure from the Broadway revival of ‘Speed-the-Plow’ is the subject of an Arbitration Hearing that has been set for June 8 and 9. Arbitrator George Nicolau will hear the matter, which concerns Piven’s sudden withdrawal from the show, claiming he had high levels of mercury in his body, and was quitting on [...

New York City theatre ticket tax proposal off the table

Posted on March 11, 2009
New York  state lawmakers have apparently decided NOT to move forward with a proposal to add a 4% tax to theatre tickets.  The proposal was among many in a $1.3 Billion tax plan legislators have shelved, according to Daily Variety.

Blogging to promote your show? Who?s in control of the message?

Posted on March 10, 2009
As more and more producers are looking at innovative ways to promote and market their shows, legal question start to arise. Yesterday, I read a report about Jane Fonda’s backstage blogging during performances of “33 Vacations” on Broadway...

A Broadway Producer?s take on how to be a producer?

Posted on February 17, 2009
Broadway Producer Ken Davenport has written a short, but important post for anybody who aspires to producing theatre… PRODUCER?S PERSPECTIVE: 2 Things To Do If You Want To Be A Broadway Producer. The esssence of Ken’s tips:  Produce stuff… lots of stuff, no matter how small… you’ll learn from the experience, and meet lots of people… network, [...

Financing independent films and theatre projects is more difficult in the current economic climate. Myth or Reality?

Posted on January 30, 2009
In recent weeks, I?ve had a number of clients express their view that the current down economy means that they won?t be able to find investors to finance their films and/or shows.   As a consequence, they?re sitting back, waiting things out.. not trying to make it happen...

Posted on November 28, 2008

Academy for New Musical Theatre launches online holiday auction fundraiser

Posted on November 25, 2008
The Academy for New Musical Theatre is an organization that’s close to my heart. I serve on their Board of Directors, and believe very strongly in their mission to foster the development of new Musicals. November 28 through December 7, 2008, ANMT will be auctioning off some fun and unique items that [...

Recommended Reading: (NY Times) Subsidiary Rights and NonProfit theatres

Posted on November 25, 2008
RECOMMENDED READING Joy Goodwin’s piece from the New York Times (11/22/2008) discusses the increasing tendency of nonprofit theatre companies to take a percentage of a playwright’s subisidiary rights income… in some cases as much as 40%...

Some year end considerations for your business or startup.

Posted on November 23, 2008
As year’s end approaches,  it’s a good time to consider dissolving and winding-up the affairs of unused corporations and Limited Liability Companies, thereby avoiding taxation for 2009. Similarly, if you’re considering starting a new corporation or LLC, you may wish to realize the expenses associated with corporate start up in 2008 by getting things underway before [...

My guest post at Current Trends in Copyright, Trademark Entertainment Law

Posted on November 05, 2008
I’m honored to have been asked to write a guest post for Tamera Bennett’s “Current Trends in Copyright, Trademark & Entertainment Law” Blog.  My piece discusses the differences between theatre and the film/tv business with respect to the handling of copyrights, licenses, etc.

Why every writing team should have a written collaboration agreement. (part 3 of 3)

Posted on October 30, 2008
This is the final installment of  a 3-part series on the importance of collaboration agreements for every writing or other creative team.  In Parts 1 and 2, I analyzed some of the important provisions found in properly negotiated and drafted collaboration agreements...

Why every writing team should have a written collaboration agreement. (part 2 of 3)

Posted on October 27, 2008
This is part 2 in a series of 3 posts about the importance of collaboration agreements to writing and other creative teams.  In part 1, I defined the term Collaboration Agreement, explained why such agreements are important to collaborators, and began exploring the usual terms of the collaboration agreements by looking at copyright ownership of [...

Theatre Fires - interesting look at the history.

Posted on October 24, 2008
Over at the “Butts In Seats” blog, there’s an interesting piece about the history of theatre fires… in the context of a recent fire inspection at the author’s venue, which required the removal of their much worshiped coke machine.

Why every writing team should have a written collaboration agreement. (part 1 of 3)

Posted on October 24, 2008
This is the first in a series of three posts on the importance of collaboration agreements for writing and other creative teams. What is a collaboration agreement? Any time two or more people join together to create a work such as a play, musical, song, screenplay, or any other work of art or authorship, they are [...

New York Governor signs ?Anti-Piracy Act? to prohibit use of recording devices in live & movie theatres

Posted on October 13, 2008
New York Governor David A. Paterson has signed into law the State’s “Anti Piracy Act”, which makes it a crime to use a recording device in a motion picture or live theatre without the written consent or authority of the theatre operator...

Interviewed for Praxis Theatre?s 10 Questions series

Posted on September 26, 2008
I was interviewed earlier this week for Praxis Theatre’s blog. “It’s an interesting 10 qustions with…” format   I’m the Theatre and Entertainment Lawyer  they chose to interview.  Very flattering. Here’s the link: http://praxistheatre...

Los Angeles identified as an incubator for new Musicals. (Finally, a little recognition)

Posted on September 20, 2008
A good piece in Backstage.com reports today on the increase in number of new Musicals opening in Los Angeles, before making the step to Broadway.  Dolly Parton’s 9 to 5 is the Center Theater Group’s latest, following successes withThe Drowsy Chaperone and Curtains! The article discusses some of the advantages (talent pool, money, etc) and  challenges [...

Rodgers & Hammerstein - For Sale?

Posted on September 03, 2008
It’s a Rumor, but it’s being widely reported that The Rodgers & Hammerstein company may be for sale. The publisher controls not only the great musicals by Rogers and Hammerstein, but many others. As I write this, (9/3/08) I note that the website for Rodgers & Hammerstein (rnh...

Producers of ?Jersey Boys? don?t ?Walk like a Man?, cave to Chicago anti-smoking law.

Posted on July 08, 2008
Chris Jones of the Chicago Tribune reports that the producers of the hit jukebox musical “Jersey Boys” have decided to present the show “smoke-free” in Chicago, where the city’s anti-smoking ordinance doesn’t permit any form of smoking (whether tobacco, or herbal cigarettes) in public spaces,  including theatres...

Urinetown case settled

Posted on July 02, 2008
Playbill is reporting that the lawsuit against Akron, Ohio based Carousel Dinner Theatre, by the broadway team responsible for the original production of Urinetown  has been settled by the parties, with the Arkon producers paying the New York team an undisclosed sum, and acknowledging the unlicensed use of elements from the New York production...

This day in Theatre Law History (Pennsylvania bans theatre performances)

Posted on May 31, 2008
May 31, 1759 Pennsylvania bans theater Pennsylvania lawyers adopted a law forbidding the performance of plays.  According to  History.com, The law was adopted due to pressure from religious groups, on grounds that any performance was immoral.  Fine for violation was 500 Pounds  (source)

Tax Withholding: An unwieldy burden for entertainers and the organizations that hire them.

Posted on May 12, 2008
This article was first published in “Western Ways”  the Newsletter of the Western Arts Alliance  - Spring 2008  N.B.  I am  an entertainment lawyer, not a tax lawyer, but my clients and colleagues are confronted with the issues presented by this article on a regular basis...

Smoking Bans and Theatre - the debate continues

Posted on March 21, 2008
The New York Times reports in this article, that a Colorado State appellate court has ruled against the owners of several theatres who’ve challenged the State’s ban on smoking indoors on First Amendment grounds.  The theatres have indicated that they’ll appeal to the state’s Supreme Court...

An Update on smoking bans and theater

Posted on March 06, 2008
Since I first wrote about this  here and here, there have been some interesting developments on the questions surrounding laws banning smoking in public places.   Following passage of a smoking ban law in Minnesota (the “Freedom to Breathe Act”), a growing  number of bar and restaurant owners have been staging “theatre nights”, wherein they involve [...

Are audience participation/interactive shows in peril?

Posted on February 11, 2008
A Chicago man has filed a lawsuit against the producers of the Blue Man Group theatrical act.  His suit claims that he was chosen by the performers to participate in their “esophagus video” gag.  The actors held the man in place, and allegedly “forced  the esophagus cam into his mouth, and while he struggled to [...

Randy Quaid Fined and Banned from Actor?s Equity

Posted on February 07, 2008
Actor Randy Quaid has been fined in the amount of $81,572, and banned from the stage actors’ union, Actor’s Equity Association for life, following the union’s investigation and a hearing  to examine his alleged bad behavior during the unsuccessful Seattle run of “Lone Star Love”, a country musical based on Shakespeare’s “The Merry Wives of [...

Force Majeure clauses (on firemark.com)

Posted on January 23, 2008
In the wake of contract terminations at ABC last week, I’ve  posted a short discussion of Force Majeure clauses on my other website at firemark.com.  Please have a look, and let me know if you have comments!

Music Rights for Plays and Musicals

Posted on January 21, 2008
Recently, received the following question via the ?net, so I thought I?d answer here, since it?s a common and often misunderstood area. I wrote an original play … We have a DJ who spins slightly different cues every night, as the show has a bit of improvisation...

Firemark elected to Theatre Group?s Board

Posted on January 14, 2008
I am very pleased to announce that I’ve been elected to the Board of Directors of the nonprofit Academy for New Musical Theatre. This fine organization’s Mission is to foster the highest quality of musical theatre writing, and to advance the state of new musical theatre production...

Law and Video Podcast - hiatus extended.

Posted on January 14, 2008
Due to unforeseeable technical difficulties, the Law And Video Podcast holiday Hiatus continues. Some server problems have knocked us off the air, and next week, I’ll be in Hawaii. Once I return, though, we’ll be back in the swing of things with live calls and emailed Q and A...

This Week?s Law and Video Podcast features a theatre question

Posted on December 18, 2007
,On this week’s Law and Video Podcast I was asked a theatre-related music question: Our community theater is producing a Christmas show that will use other people’s songs. What is the best way to find out who owns this classic music? Many of them are religious hymns which, I understand do not hold any copyrights...

Support AB 1365 (Funding for the Arts)

Posted on December 12, 2007
I don’t usually use this forum to air my political views, but sometimes, I feel an issue is important. California spends approximately 3 cents per capita on support for the arts. This ranks California dead last among the states. The national average spending per capita is about $1...

Strike Ends, Producers and City tally the costs.

Posted on December 06, 2007
As Stagehands returned to work and Broadway’s shows resumed performances after 19 days on strike, Producers and the City of New York have taken a look at the cost of the strike and estimate $40 Million in lost revenues. Theatre lovers are also concerned that ticket prices (already ranging from $110 to as [...