Gordon Firemark -Top Los Angeles Theatre & Film Entertainment Lawyer
Helping Entertainment Professionals Realize Their Dreams
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Welcome! Here 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.

We offer the kinds of legal and business-affairs services handled in-house at larger studios, production companies, talent agencies and record labels, which allows 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!

Entertainment Law Updates

Asked & Answered: I have a person’s life rights. Do I need to option the news article about him, too?

Pablo asks:
I have a friend who is a war vet that has an amazing personal story. I interviewed him via email two years ago as I saw the potential in it for making a feature film. Recently, an international news network showcased the highlights of his story on TV.

So my question is as follows: If I tell his story in a screenplay with the properly written legal permission from my friend who is the protagonist of the story, do I need to worry about the network claiming rights on the script because they told the story before me as a news story?

Here’s my answer:

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: The Wizard of Oz and the public domain.

An anonymous viewer asks whether the producers of “Oz: The Great and Powerful”, scheduled for release in 2012 needed to make an arrangement with the copyright holders for “The Wizard of Oz”, or whether a loosely based “homage” can be done without copyright clearance

 

My Answer:

Broadway’s Spiderman: weaving a tangled web

Spider-Man: Turn Off the Dark promotional poster.

Image via Wikipedia

When Spiderman:Turn Off The Dark’s original writer/director ,Julie Taymor, sued the show’s producers late in 2011, nobody was particularly surprised. Ms. Taymor’s lawsuit alleged numerous counts, including the obvious breaches of contract, and the not-so-obvious copyright infringement claims. That suit seeks millions in unpaid fees and royalties allegedly due Taymor, and an order enjoining the producers from using Taymor’s material in any subsequent productions, tours, or other derivatives based on the collossally expensive broadway musical she co-authored with U2′s Bono and The Edge. Observers found little to raise eyebrows about in Taymor’s lawsuit, and have been waiting since November to hear the producers’ side of the story.

Well, the other day, that story came out. The producers have responded to Taymor’s suit with explosive allegations that the academy-award nominated and Tony winning director-bookwriter fundamentally failed to render the services she was hired to perform, instead advancing a story line and overall ‘feel’ of the show that stood contrary to what producers repeatedly requested, and audiences seemingly wanted. With the show in often-extended previews, it was obvious that major changes would be needed. But, the producers indicate, Taymor resisted, arguing against paying attention to audience response. The producers lay the blame for the beleaguered show’s cost overruns, cast and crew injuries, and poor critical response squarely on Ms. Taymor’s shoulders.

At times, the counterclaim reads like a comic book storyline in its own right. The producers cast themselves in the role of the show’s saviors who “engaged in superhuman efforts to save the Musical,” including investing many additional millions of dollars in the show, snatching victory from the jaws of defeat.

The counterclaims contend that due to “the delays and increased expense due to Taymor’s actions,” the producers had to replace her “in order for the show to survive, and for it to continue to provide jobs to the cast and crew and allow investors to recoup their investment.” Following those changes, they say, the Spider-Man Musical is now a hit. “The show is a success despite Taymor, not because of her.”

Well, obviously, this case is one we’ll be watching closely. If it goes that far, the trial will be an enlightening look behind the scenes into the development, financing and production of this, the most expensive Broadway musical ever produced. The drama in the courtroom is likely to be better than the spectacle playing nightly at the Foxwoods Theatre.

Distribution Windows: a broken system?

My good friend Peter Kaufman has a new piece on his blog Deal Fatigue about the broken distribution windows system, and how/whether it needs repair. read his piece here If you’re a filmmaker, its time to consider that the old model of staggered releases across various media is on the way out.

What you absolutely must know before you approach investors for your film / play / musical.

I am often consulted by film and stage producers who tell me they’re ready to start work on raising the financing for their films/ plays/ musicals, or what-have-you, but often as not,  as we get to work, it becomes clear that they’re not as ready as they think. Before going out to investors, it’s important to…

Happy New Year 2012

As we start 2012, I want to take a few moments to share the optimism and positive outlook I’m experiencing. May this year be one of success, prosperity, new beginnings and continued growth in all aspects of our lives. I’m a believer in setting ambitious, but achievable goals or my own success, and in helping…

Entertainment Law Update Episode 27 – Top ten stories of 2011

Entertainment Lawyer hosts Gordon Firemark and Tamera Bennett talk about 2011′s top copyright, trademark, and media law stories.

I’ve been quoted on ESPN.com

I was quoted today on ESPN.com in an article about the legacy of great sports figures, and whether Joe Paterno, as a result of the recent scandal involving Jerry Sandusky, has lost the opportunity to capitalize on the value of his name, likeness, endorsements, etc.  The questions directed at me concerned the Vince Lombardi play that ran…

.TV interview with Mark Yoshimoto Nemcoff: Fair Use, Parody and the Web.

A few weeks ago, at the BlogWorld 2011 conference, I gave an interview to my good friend Mark Yoshimoto Nemcoff of .TV. We discussed the Fair Use defense to copyright infringement.   The angles aren’t particularly flattering, but here’s the video: