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Welcome! At the Law Offices of Gordon P. Firemark, we are dedicated to the legal and business-affairs needs of clients in the entertainment and media industries.

By offering the kinds of legal and business-affairs services handled in-house at the larger studios, production companies, talent agencies and record labels, we help small and mid-sized entertainment businesses, individual producers, writers and artists to reliably and efficiently out-source their legal and business affairs work.

Let me help you realize your dreams! Please contact us for a consultation!

Backlog at the Copyright office grows to two (2) years

According to Anthony Verna, who blogs at Trademark, Copyright, and Entertainment Law Forum, the Copyright office now reports that its backlog for registration of copyrights is now as long as two years.

Given that copyright registration is a prerequisite to pursuing a copyright infringement lawsuit, it is very important that copyrights be registered as early as possible.

There are also some important advantages to filing copyright registrations early:

If a registration is filed within 90 days after first publication of a work, the successful plaintiff in an infringement suit will be entitled to statutory damages and attorneys fees.

Therefore, it is imperative that works be registered as soon as possible.  Failure to do so could make it difficult to pursue infringers later on.

Our office can advise and assist with copyright registration.  Please give us a call to discuss your options.

Asked & Answered: How to avoid being sued when basing characters on real people

Q: My current screenwriting project is taken from the old adage to “write what you know”.  As such, it is a story from my perspective, working in a medical office.  Many of the characters are either an amalgamation of patients, or possesses the characteristics of a single patient, that I have encountered over the years.  The breathless doctor and his demanding wife are lifted from my perspective of the actual people as well. How much do I need to camouflage these characters in order to sell the project, make it commercially viable and not get my butt sued-off?

A: No matter how much “camouflage” you use, if the characters are recognizable as particular real people, you may be vulnerable to claims of defamation (libel), invasion of privacy, etc.  If, however, they’re broad caricatures, amalgamations or ’stereotypes’,  and not obviously based on individual real people and events, then you’re likely to prevail in such claims.    So, ask yourself whether your script is *really* a work of fiction, or not.  If the answer is yes…. then make sure there’s no implication otherwise.  If it’s non-fiction, then be absolutely certain that everything in the script is factually correct, and isn’t revealing private, confidential information.

When you sell a screenplay, you’re required to make “warranties and representations” that the work is original and doesn’t infringe anybody’s rights, invade privacy, etc.  So, your best bet, I’m afraid, is to hire a lawyer with experience in this area to discuss your specifics and to review the script and give you a legal opinion before you go too far down the road.    Be sure to remind your lawyer about your background and the situation, so he or she can negotiate the terms of the representations and warranties to protect you.

This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for readers’ detrimental reliance upon the information appearing in this feature.


Thinking of Producing it yourself? subscribe to my FREE e-course “6 ways to Finance A Feature Film” by visiting http://firemark.com/minicourse

Asked & Answered: Should writer’s groups allow development execs as members?

Q:  I belong to a script development group in Hollywood.  The group recently let a development executive in as a member and are talking about letting in other producers and development executives.  I think this is a bad idea because even though they sign a non-disclosure agreement,  there is no paper trail for individual projects and the script ideas can not be protected.  The group argues it’s a way to get their work seen and the producers/execs can give an industry perspective.  I think it is a naive and desperate grab at selling a script and if the members work was good enough to get representation, they woud not have to do this.  I am now considering resigning.  Am I being paranoid and is this a good idea?

A:  I’m of two minds about this issue.  I think you’re right to consider resigning, if you’re concerned that you can’t trust the other members of your group… regardless who they may be.  There’s nothing fundamentally riskier about having a development executive in your group, than having other writers seeing, hearing-about, and evaluating your work.  The fact is, other writers are just as capable of ‘borrowing’ material from your work, and in-fact, may be more likely to do so.

I see the value, however, in having producers and execs involved in the group.  It IS a good idea that the members of such a group sign on to a code-of-conduct and, preferably,  a non-disclosure/non-circumvention agreement that has some legal teeth.   Maybe the thing to do is to keep meticulous records (establish the missing paper trail) so everybody knows who’s present for presentations, discussions, etc., and what material is discussed.  This is really just a good idea anyway.

The bottom line, however, is this:  At some point, you’ve got to let other people read your material, or it will never be optioned, purchased, produced and distributed.  So, again I repeat what’s becoming a mantra…. Only do business with reputable people whom you can trust.

This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for readers’ detrimental reliance upon the information appearing in this feature.


Thinking of  Producing it yourself?  subscribe to my FREE e-course “6 ways to Finance A Feature Film” by visiting http://firemark.com/minicourse

Asked & Answered: Co-authors, who owns what?

Q:  I have written a multi-award-winning screenplay and feel, after many rewrites, it’s getting close to being pretty good.
My question is about ownership: The screenplay was based on my novel, partly coauthored by a friend, who did about 10% of the work and storyline creation.  How would my friend be compensated, and would I be [...]

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Asked & Answered: WGA vs Copyright registration and protection of scripts

Q: I’m sure this is the question that haunts all types of writers.  Being a screenplay writer and having my idea and even some exact dialog stolen from me in the past, and working so diligently to create my very best work, I fear the obvious.
My question is three-fold:  1)  Exactly what is protected [...]

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