Author Archives: Gordon Firemark

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 [...]

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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 [...]

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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 developmement 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.

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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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Recommended Reading: What Dealmakers can learn from Sandra Bullock

Entertainment Lawyer Dina Appleton’s guest post today in THR, Esq. Blog is an excellent discussion of how win-win deals can still be made for high-level talent, in today’s risk-averse climate.
Ms. Appleton’s premise is that folks who’ve previously gotten rich front- and back-end deals may have to give ground on some points, but if [...]

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3 Reasons why copyright registration is important for all kinds of documents

Copyright registration is increasingly important for all types of businesses and all types of documents. it’s not just about media content.
Companies and individuals should consider registering their copyrights in all kinds of documents they may consider valuable. Sales presentations and info sheets can be easily lifted by competitors, and without a registered copyright, [...]

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Asked & Answered: Contests and the risk of idea theft.

Q:  I often think that when I submit my screenplays for viewing or to a contest, “What would keep someone from taking the idea?” Let me clairfy what I mean. I send in a screeplay for a contest or for someone (producer, whoever) to read. They like the idea but dont purchase my screenplay but [...]

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Asked & Answered: Can a Public Domain Book be a Trademark?

Q:  I have a letter from the Copyright office that a book, written in 1880, was in public domain.  I wrote an adaptation of that book into a screenplay.  I then found that someone had taken the authors works (28 books) and trademarked them on the Internet.  I talked to an attorney who said that [...]

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Entertainment Law Update Podcast – Episode 8 is now available.

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Download Episode (right click)

Approximate Running Time: 01:06

Episode #8 of my Entertainment Law Update Podcast is now available.
For more information, see the show notes at http://entertainmentlawupdate.com
Topics:

Nexus 1 mobile phone raises ire from author’s estate
Naked High School Musical Stars
Ringback music tones
Fox’s unlicensed use of Jackson footage
Marvel v. Kirby – termination of [...]

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