Category Archives: Law

Asked & Answered: How do I protect myself when I submit my idea?

Q: I have written and produced a webseries and I would like to submit it to different companies PR and Advertising departments to see if I could possibly sell the idea. How do I protect my footage and idea, and still try to push this webseries to as many companies as possible. A: Protecting your…

How Musical Theater projects get financed

Starting next Tuesday, I’ll be leading a theater financing workshop at the Academy For New Musical Theater. If you’re interested, it’s not too late to sign up! Just Visit ANMT.org, by clicking the links below. HOW DOES A MUSICAL GET FINANCED? Thinking about producing yourself? Wondering what makes producers tick? Looking for financing for your…

Producer Credit in Lieu of Compensation: Trouble in the making?

It’s quite frequent in my practice.  My clients are asked to accept less than their usual fee or “quote” for work.  What’s offered in exchange for this important concession?  You guessed it, Producer credit. Well, this is often very attractive to the client, as it helps them climb the showbiz food chain.  In fact, many…

Podcast: Entertainment Law Update – Episode 12 – YouTube, Hurt Locker, Idea Theft & More

In this Episode: Follow up on Hot News Viacom loses suit against YouTube. Hurt Locker Suit(s) Idea Theft Tribute Band Names Celebrity Rights of publicity GET CLE CREDIT for this episode. Go to  Entertainment Law Update podcast page Tweet

Should there be a “Director’s Copyright” in stage directions? (Reader survey)

I’ve recently been grappling with a question of whether a theater director’s efforts to stage a play or musical can be protected by copyright. Now, at first blush, this might seem a simple  issue, but it’s actually rather complex.  The parameters established by  copyright law itself, are inconsistent with the custom and practice in the…

Entertainment Law Update Podcast – Episode 11: Hot News!

In this Episode: Ethics and the non-practicing attorney… a long tail Zorro draws its sword against M&M candies “Free Scooter!” cries Justin Bieber. Dramatic vs. Non-Dramatic rights in musical works Ride-along producer : Ride-along defendant? Bryant v. Media Right, Orchard Arista v. Lime Group Hot News Misappropriation GET CLE CREDIT for this episode. Tweet

Asked & Answered: Video/Film/recording performances of plays.

Q: I work in educational theater. Every year we revisit the same topic: Filming performances. I keep telling the director and others that it is simply not legal to record a performance. The response I always hear is that they never sell the film. They are only making an “archival copy” which is given to…

Proposed “reform” bill puts investor financing at risk.

Legislation  presented by U.S. Senate Banking Committee chairman, Chris Dodd is working its way through the legislative process.  The proposed “Restoring American Financial Stability Act of 2009”  could make it significantly harder for film producers to utilize some of the most common investor-financing models to fund the budgets of their films. The bill is viewed…

Entertainment Law Update Podcast, Episode 10

Replicas, trademark, copyright, etc. Star Wars: the Court of Appeal strikes back – International Law Office Stormtrooper Replicas: Final Strike By British Court of Appeal Tweet

Asked & Answered: Mechanics of copyright infringement suit.

Q: What are the mechanics of a copyright infringement law suit? How does it all work? As an example, let us say a non-U.S. based writer believes his work has been infringed by a person or entity in the U.S. Could a non-U.S. lawyer file suit? Where would the case be heard and what would…