On the heels of my last appearance, I was honored to be asked back for a second appearance on  Rex Sikes’ Movie Beat   to round out  a live (and recorded) conversation about independent film financing.

Rex and I talked at length about the current state of the economic climate for film investment, crowdfunding, and the components of a legally compliant film investment offering.

I hope you’ll head on over and listen to part deux

Call us with your feedback:
(310) 243-6231

In this Episode:

• Crowdfunding after the JOBS Act becomes law
• Viacom wins appellate round against YouTube
• Magic Tricks – how to keep ‘em secret
• Art Collector v. Artist?
• and more…

Entertainment Law Update is brought to you by Clio, the best way to manage your practice online. Clio allows you to manage your matters, clients, time, bills, trust accounts and more all through a a secure, easy-to-use, web-based interface. For a free 30-day trial and 25% off your first 6 months of Clio, sign up at www.goclio.com and enter promotional code [ENTLAW]” Or, just visit http://entertainmentlawupdate.com/clio

Hosts:

Gordon Firemark

Websites:   http://firemark.com , http://theatrelawyer.com,
Twitter: @gfiremark

Tamera Bennett

Website:   http://createprotect.com
Twitter: @tamerabennett

 Guests

Peter Kaufman joins us again for  this episode.

Website: http://dealfatigue.com
Twitter: @dealfatigue.

Also with us, in the studio:  Chris Blake, one of our interns, just completing his 2L year at Pepperdine Law.

Show Notes

CROWD-FUNDING AND THE JOBS ACT

JOBS ACT/CROWD-FINANCING

Lexology: http://www.lexology.com/library/detail.aspx?g=ad3e7f78-fc57-4909-8d5e-dd9ac6cc6ef7

Key points of the bill:

• Allows equity-based crowdfunding
• Removes prohibitions on general solicitation of Regulation D offerings
• Creates an IPO “on ramp” -
• Increases threshold for Regulation A “mini public offerings”
• Raises cap on private shareholders from 500 to 2,000

EFFECT ON FILM FINANCING

Filmmaker Magazine: http://www.filmmakermagazine.com/news/2012/04/how-the-jobs-act-will-transform-independent-film-financing/

THEATRE: THE GODSPELL EXAMPLE

NY Times: http://mobile.nytimes.com/2012/04/19/theater/for-godspell-on-broadway-crowd-sourced-producers.xml?single=1

VIACOM/YOUTUBE FOLLOW-UP

Lexology: http://www.lexology.com/library/detail.aspx?g=76982154-a450-4e75-a3d8-7b928cbb3865&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-04-23&utm_term=

Link to Slip Opinion http://www.ca2.uscourts.gov/decisions/isysquery/c5792ca8-db37-4107-b0f7-67548a6a5a5f/1/doc/10-3270_10-3342_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/c5792ca8-db37-4107-b0f7-67548a6a5a5f/1/hilite/

Last Samurai – Copyright Script Jury Verdict

THResq: http://www.hollywoodreporter.com/thr-esq/last-samurai-zwick-herskovitz-win-lawsuit-309268

Teller sues over magic trick reveal

THREsq: http://www.hollywoodreporter.com/thr-esq/penn-teller-lawsuit-reveal-secrets-youtube-312296

Art Collector seeks to stop photographer from selling Digital Reprints

Entertainment Law Matters: http://www.entertainmentlawmatters.com/?p=2119

Tupac Hologram performs ‘live’ at Coachella Music Festival

Billboard: http://www.billboard.biz/bbbiz/industry/legal-and-management/tupac-coachella-hologram-very-unique-legally-1006792552.story

Amazon Studios revises terms for writers

Filmmaker Magazine: http://www.filmmakermagazine.com/news/2012/04/amazon-studios-revises-terms-for-writers/

Music royalty settlement announced on mechanical royalties

Lexology: http://www.lexology.com/library/detail.aspx?g=4df04006-c8f1-428c-be5b-9f8f47935e9a&goback=%2Egde_2824501_member_109202270

Until next time…. that’s showbiz!

http://biedermanblog.com/music/q-and-a-theater-law-with-gordon-firemark/#more-4302

“DON’T SIGN THAT!  What every entrepreneur & artist needs to know about contracts, law & more”

Specially designed for artists & entrepreneurs who don’t have big bucks to spend on legal advice, this 90-minute telephone seminar will give you the most important information you need right now.

You’ll learn:

• Legal basics every artist & entrepreneur needs to know
• How to protect your ideas, work product, and bottom line
• 5 mistakes do-it-yourself-ers make when writing their own contracts
• How to copyright your work for free or cheap
• Whether you can trademark your work, brand, logo, or name
• 5 things you must have in an option agreement
• What to do if a publisher wants your book
• Who owns what – you or your collaborator?  What happens if you disagree?
• When do you need a written contract, and when you can get by without one?
• How to prove you have an agreement
• 3 simple negotiating strategies that can turn the odds in your favor immediately
• How to save money on legal expenses

This live, one-time-only telephone seminar is led by Adam Leipzig, publisher ofCultural Weekly, former president of National Geographic Films, theatre producer and studio executive – who has negotiated thousands of deals.  He’ll interview Gordon Firemark, a celebrated attorney whose practice is devoted to the representation of artists, writers, producers and directors in the fields of theater, film, television, and music. Gordon is also the producer and host of Entertainment Law Update, a podcast for artists and professionals in the entertainment industries.

Gordon and Adam will walk you step-by-step through legal basics, mince no words, and cut through the jargon to give you detailed, specific information you can use immediately.

As a live participant, you will be able to email your general questions prior the call, and Gordon and Adam will answer as many as possible.  Note: While they can’t provide legal advice on the specifics of your situation, they will educate you on the legal basics you need to protect yourself and your work.

When: Tuesday, April 17, 10:00 am Pacific Time/1:00 pm Eastern Time. The call will last approximately 90 minutes.

How: This is a seminar delivered over the telephone. When you sign up, you will get a dial-in number and a passcode. You will dial-in as you would for a conference call.  Participants will also get a downloadable MP3 audio file of the seminar to keep for future reference.

Your investment: $25 (less than it would cost for 5 minutes with a lawyer).

Questions? Go to the FAQ page.

Space is limited. Sign up now!

No risk guarantee: Within 15 days after your purchase, if you feel it wasn’t worth your investment, tell us and we’ll send you a full refund. Period. Our terms and conditions are here.

Read the Article here:

Obama Signs Jobs Act
Crowdfunding to Boost Indie Filmmaking

 Q:  If there is a book or books where the author/s are no longer alive or exists and the publisher no longer holds a copyright/patent and/or is defunct — what are my legal or ethical obligations regarding any living relatives (if any) to the original author/s…?

A: It’s important to distinguish between the question of whether the publisher or rights holder still exists, and whether the protection of copyright law is still in force.   We can’t conclude that the copyright no longer persists merely because the publisher is defunct.  Often, when companies go out of business, they sell or transfer their assets, so it’s important to investigate carefully.

If the copyright in the work has indeed expired, or if the author has expressly dedicated it to the public, it is said to be in the public domain, and is therefore free for anyone to use, without obligation to the original author or his/her estate.

An experienced entertainment lawyer can help determine who, if anyone, holds rights that need to be cleared.

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

SOPA Dope: Where Does Online Piracy Reform Go From Here?

Call us with your feedback:
(310) 243-6231

In this Episode:

• Political campaigns raise the ire of copyright holders and newscasters
• A Canadian Lawyer’s perspectives
• MegaUpload
• Golan v. Holder  ruling
• Helicopters in video games… need a license?
• and more

GET CLE CREDIT for this episode.

Entertainment Law Update is brought to you by Clio, the best way to manage your practice online. Clio allows you to manage your matters, clients, time, bills, trust accounts and more all through a a secure, easy-to-use, web-based interface. For a free 30-day trial and 25% off your first 6 months of Clio, sign up at www.goclio.com and enter promotional code [ENTLAW]” Or, just visit http://entertainmentlawupdate.com/clio

Show Notes

Hosts:

Gordon P. Firemark
Website:   http://firemark http://theatrelawyer.com,
Twitter: @gfiremark

Tamera Bennett

Website:   http://createprotect.com
Twitter: @tamerabennett

 

Bob Tarantino
Blog: http://www.entertainmentmedialawsignal.com/
email:  BTarantino@heenan.ca

Bob Tarantino

Bob Tarantino is a partner in the Entertainment Law group at Heenan Blaikie LLP and focuses his practice on the interface between entertainment and intellectual property law. Bob has been recognized as one of Canada’s leading lawyers in the area of entertainment law in the 2010, 2011, and 2012 editions of The Best Lawyers in Canada (Woodward/White).  In 2010 he launched Heenan Blaikie’s Entertainment & Media Law Signal, a collaborative blog by members of the firm’s Entertainment Law group, which was recognized as a co-winner of the Best New Law Blog in the 2010 Canadian Law Blog Awards.

 

 

NEWT GINGRICH CAMPAIGN’S MUSIC COPYRIGHT ISSUES

Newt Gingrich’s campaign makes the news twice in a week for claims of copyright infringement of a song.   Rude Music Inc., owned by Frank Sullivan, a co-author of the song “Eye of the Tiger,” filed a copyright infringement lawsuit in federal district court in Chicago for Gingrich’s use of the song on the campaign trail.

CANADIAN COPYRIGHT LAW APPROACH TO SIMILAR SCENARIO

The Newt Gingrich Campaign has been using the song, “How You Like Me Now” at campaign events. Third Side Music, a Montreal Record Label that controls the rights to the song sent Gingrich’s team a cease and desist order.

In the US, using a song at the public event requires securing a valid public performance license from ASCAP, BMI, or SESAC. Beyond that, an artist does not have the ability to restrict the use of their song at a political event.

In Canada, the Canadian Copyright Act gives authors moral rights.

The author of a work has the right to the “integrity” of the work which is ingringed if the work is, to the “prejudice of the honor or reputation of the author, distorted, mutilated or otherwise modified; or used in association with a product, service, cause or institution (Section 14.1, Section 28.2).”

Thus, here, the use of the song in association with a cause (the campaign) prejudices the honor or reputation of the author and infringes his moral rights.

Third Side Music is the Canadian music publisher that controls the rights to the song.
Bob’s blog post at Entertainment Media Signal: http://www.entertainmentmedialawsignal.com/2012/01/articles/music/canadian-copyright-and-campaigns-moral-rights-edition/#.TyYIdrXVzI8.twitter

MITT ROMNEY/NBC

NBC’s lawyers have asked Romney to take out any reference to the network’s journalism in any other ads as well, but the campaign said it believes it falls under the fair-use doctrine and was reluctant to take the ad off.

Megaupload Drops Lawsuit Against Universal Music Group

THR-Esq: http://www.hollywoodreporter.com/thr-esq/megaupload-universal-music-group-lawsuit-dropped-283767
Wired.com: http://www.wired.com/threatlevel/2011/12/youtube-universal-megaupload/
THR-Esq: http://www.hollywoodreporter.com/thr-esq/megaupload-founder-kim-dotcom-arrest-bail-sopa-284551

 

GOLAN V. HOLDER – SUPREME COURT RULING

THREsq: http://www.hollywoodreporter.com/thr-esq/supreme-court-ruling-foreign-copyright-laws-282931

The Supreme Court has handed down a long awaited decision. In a 6-2 decision, the Supreme Court held that Congress had the right to enter into the Uruguay Round Agreement which was an international treaty that allowed foreign rights-holders to claim copyright protection on some works that were previously in the public domain.

EA Invokes First Amendment For Video Games

Kotaku: http://kotaku.com/5874076/ea-invokes-first-amendment-protection-for-video-games-in-trademark-dispute-with-helicopter-maker
THR Esq: http://www.hollywoodreporter.com/thr-esq/battlefield-helicopters-video-games-280148
Gamasutra: http://www.gamasutra.com/view/news/39540/EA_claims_free_speech_in_legal_dispute_over_helicopter_usage_in_Battlefield_3.php

Video game juggernaut Electronic Arts has filed suit against defense conglomerate Textron in California court.  At issue is EA’s right to depict three of Textron’s helicopters in the video game military simulation Battlefield 3.  Textron was allegedly threatening their own suit over trade dress infringement and dilution claims, which prompted the pre-emptive action by Electronic Arts.  EA is seeking a declaratory judgment allowing them to depict the three aircraft (the AH-1Z Viper, the UH-1Y transport helicopter, and the V-22 Osprey) on Fair Use and First Amendment grounds.

Compare: Use of “fictional car brands” in video games.  http://www.giantbomb.com/fictional-car-brands/92-5156/

Velvet Underground Sues Andy Warhol Foundation Over Famous Banana Album Cover

THREsq: http://www.hollywoodreporter.com/thr-esq/velvet-underground-andy-warhol-bananas-280603

UK Judge Orders Accused Copyright Pirate Extradited to US

THREsq: http://www.hollywoodreporter.com/thr-esq/tvshack-richard-odwyer-copyright-pirate-281455

Richard O’Dwyer, a 23-year old British resident has been ordered for extradition to the United States to face charges of copyright infringement for running a website that links to free films and tv shows.  Mr. O’Dwyer made thousands of British Pounds in advertising on the site.

The UK judge ruled that although the UK authorities are declining to litigate, the US authorities still have a right to try Mr. O’Dwyer in their jurisdiction.

Just How Egregiously Must a Trademark Plaintiff Act Before a Court Awards Attorneys’ Fees to the Defendant?–1-800 Contacts v. Lens.com

Technology & Marketing Law Blog: http://blog.ericgoldman.org/archives/2012/01/its_really_hard.htm
Link to case: http://www.scribd.com/doc/78568762/1-800-Contacts-v-Lens-com-Denial-of-Attorneys-Fees

Section 1117 of the Lanham Act allows for recovery of attorneys’ fees in “exceptional” cases of trademark infringement.  On such case is 1-800 Contacts v. Lens.com. 1-800 Contacts sued their competitor in the Central District of Utah for infringement by competitive keyword advertising.

Kim Kardashian v. The Gap:

Yahoo: http://tv.yahoo.com/news/prepare-for-the-fight–the-gap-vs–kim-kardashian.html
Complaint: http://law.justia.com/cases/federal/district-courts/california/cacdce/2:2011cv05960/507477/1/

A while back, Kim Kardashian filed suit against the Gap, the clothing retail giant which is the parent company of Old Navy, for using a supposed ‘Kim Kardashian look-a-like in one of the Old Navy commercials. Kardashian sued for $20 million claiming that the commercial “created confusion in the marketplace and violated her rights to her name and likeness.”

Now, The Gap is fighting back, arguing that Kardashian’s reputation was not actually damaged by the commercial.

Batmobile Design IS protectable by copyright.  Not a “Useful Article”

Last year, DC Comics, a subsidiary of Warner Bros., sued Mark Towles, who operated a business called “Gotham Garage,” which sold imitation batmobiles. DC, accused Towles of violating its copyright and trademark and confusing the public into thinking that his cars were authorized products.

U.S. District Judge Ronald Lew, rejected Towles’ argument that a BatMobile is a useful article, not protected by copyright.

http://feedproxy.google.com/~r/THREsquire/~3/qchZSWToIFw/dark-knight-rises-batmobile-justin%20bieber-286212

BATMOBILE CASE:  Order denying Defense Motion to Dismiss

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