Author Archives: Gordon Firemark

9 Tips to keep your podcast legal

This article first appeared as a guest post on http://howtorecordpodcasts.com, as part of a series called “31 days to a better podcast.” 9 Tips to keep your podcast legal. As an entertainment and media lawyer, I’m regularly approached by bloggers, podcasters, and new media producers with questions about “how to do it legally”. Fortunately, the Continue Reading

Entertainment Law Update Podcast, Episode 40

Entertainment Law Update Podcast, Episode 40

  Call us with your feedback:(310) 243-6231 In this Episode:  YouTube wins again  Photographer can sell reprints  IMDB Prevails over actress in age disclosure case  Veoh service is legal and more…       Continue Reading

Why you should have a lawyer for every deal

Why hire a lawyer? I'm often contacted by do-it-yourselfers who just need a small tidbit of information or advice about whatever legal transaction it is they're working on. Unfortunately, even with that tidbit, they're likely to encounter trouble with the matter, and wind up spending more money to fix their own mistakes, than they would Continue Reading

Entertainment Industry Insights Podcast, Episode 002: How to Plan, Produce and Distribute Your Independent Film with Eric Sherman

 Entertainment Industry Insights Podcast  In this episode of Entertainment Industry Insights, I spoke with Eric Sherman. Eric Sherman’s life is dedicated to movies. He has worn every hat: produced, directed, acted, photographed, edited, done make-up, hair and wardrobe, made popcorn, sold movies and collected money from theaters. His purpose in life is to make good Continue Reading

Entertainment Law Update Podcast Ep. 39 – Holmes, Zorro and the Tin Man walk into a bar…

Call us with your feedback:(310) 243-6231 In this Episode: Ed Sullivan intro of Jersey Boys is fair use Kirtsaeng – First Sale has extraterritorial effect Sherlock Holmes copyright questions and more… Hosts:  Website:   http://firemark.com http://theatrelawyer.com, Twitter: @gfiremark         Website:   http://createprotect.com Twitter: @tamerabennett  Entertainment Law Update is brought to you by Clio, the best way to manage Continue Reading

U.S. Supreme Court: Foreign Produced copies are subject to First Sale Doctrine

Supreme Court Ruling protects student's right to sell foreign purchased copies for profit. On March 19, 2013, the U.S. Supreme Court, in an opinion by Justice Breyer, ruled that foreign-made copies of works protected under the U.S. Copyright Act are subject to the “First Sale Doctrine”. The decision comes as a blow to U.S. publishers Continue Reading

Jersey Boys’ use of Ed Sullivan Clip is fair use

Jersey Boys’ use of Ed Sullivan Clip is fair use Last week, in an interesting (and rare) theatre law case,  the 9th Circuit Court of Appeals affirmed a district court’s judgment in favor of the company producing the Broadway hit musical  Jersey Boys.  SOFA Entertainment, Inc., owner of the Ed Sullivan Show footage had sued Continue Reading

The Royalty Pool

What is the Royalty Pool? Correction:  ( a typographic error in the mathematics has been corrected below since the original publication of this article) One of the most confusing terms in theatrical production agreements is the discussion of the “Royalty Pool”. This provision in most Broadway and Off-Broadway production contracts, and increasingly in other commercial Continue Reading

What is an “Accredited Investor”? Why you should care.

Background  If you’re setting up financing for your next film, theatre, or new media production, and you’re planning to talk to potential investors, you need to know the rules.  Whenever a company sells investment opportunities, in which the investors will be ‘passive’, not taking any meaningful role in the management of the business, the transaction Continue Reading

Entertainment Law Update Podcast Episode 38

  Call us with your feedback:(310) 243-6231 In this Episode: Subway’s footlong subs aren’t Bikram yoga isn’t too hot on court ruling Soundalikes strike dissonant chord for the Black Keys Podcast Patent lawsuit Batmobile is a character, not just a prop, and more…   Entertainment Law Update is brought to you by Clio, the best Continue Reading

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