CALL US! (310) 421-9970

Monthly Archives: January 2015

Asked and Answered: Copyright Renewals

In this Asked & Answered video, I answer a question about whether you need to renew copyright.

AUDIO:

Play

TRANSCRIPT:

A reader wrote in with a question about copyrights needing to be renewed.

Hi, I'm attorney Gordon Firemark, and this is Asked and Answered, where I answer your entertainment law questions, to help you take your career and business to the next level.

I'll answer the renewal question, and explain how copyright duration works, in just a moment.

So, the question posted in the comments on my blog asked whether copyright registration needs to be renewed every year.

The quick answer is no. Copyright law doesn't require (or permit) any renewal. Once the term of copyright protection expires, the work automatically falls into the public domain.

So, how long does copyright protection last?

Well, first let me explain when copyright protection BEGINS.

You see, when you create an original work of authorship… that is, original expression of ideas, and you fix or record that expression in some tangible form, so it can be reproduced and so forth… that work is automatically protected by copyright.

So… from the moment you set pen to paper, press record on the video camera or whatever, you own a copyright in what you've created.

And that copyright will protect your work for a good long time… 70 years, in fact, after you die. Here in the US, and in most other countries around the world, copyright duration is Life+70 years. There are some other countries where it's Life+50, but for most it's 70.

Works created as works made for hire, or anonymously or under a pen-name, are protected for 120 years total, from the date of creation, or 95 years from the first publication… whichever occurs first.

So that's the rule for works created today, and anything that was created after 1977. Works created before January 1, 1978 fell under several different schemes, and they had to be registered, and that registration DID have to be renewed, usually after the 28 years. But the duration of those copyrights is subject to a fairly complicated set of rules, so it's best if you’re dealing with questions about one of these works, you consult an entertainment or copyright lawyer who can help you out precisely when the works fall into the public domain.

 

=============

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 viewers'’ detrimental reliance upon the information appearing in this feature.

Asked and Answered: Appearance Releases. Why you might not need one, and why you should get it anyway.

In this Asked & Answered video, I answer a question about whether we need appearance releases when shooting documentaries or more commercially oriented stuff.

AUDIO:

Play

TRANSCRIPT:

Jamie is a documentary filmmaker who called to ask me about the need for appearance releases.

Hi, I'm attorney Gordon Firemark, and this is Asked and Answered, where I answer your entertainment law questions, to help you take your career and business to the next level.

So, Jamie does documentaries. And, that being the case, most of what she's producing will likely fall under the category of “newsworthy”. And she stated her belief that she doesn't really need to get releases from the people she shoots… and she's right, but she should still get them.

Here in the U.S., the Free Speech and Free Press principles in the First Amendment basically allow journalists (which includes documentary filmmakers) to report on things that are newsworthy, even without the formal permission of the people who eppear in their films.

But when I advise filmmakers, whether they're shooting documentaries or more commercially oriented stuff, that they should always get an appearance release signed by people who appear in the piece.
Here's why:

  1. Clarity.
    One of the most common problems that comes up is that someone who voluntarily participated in the shooting, later claims that they were duped into doing so by false promises about where and how the project is going to be distributed or released. Getting a signed, written release eliminates this, because, if it's written right, it'll include the right to use the performance in any way, anywhere, any time… no restrictions. It'd be pretty hard for the person, after signing something that says “all media, all territories, in perpetuity” to claim they weren't aware…
  2. Eliminates legal costs later on.
    Let's face it. Anyone can sue anyone, over anything, anytime. And defending against lawsuits is expensive. VERY expensive.
    But, if you've got a contract that outlines the parties' rights, that cost of defending against bogus claims will be much smaller, since that contract will be evidence supporting your motion to dismiss the case. And, if the release is written right, those costs and expenses can probably even be shifted over to the other side.
  3. Exhibitors want releases
    Because they want to benefit from the reduced legal exposure and expense we've already discussed, Studios, networks and others who will show your film make it a practice to ask for releases, at least from “key” participants. And, it's always harder and more expensive to get releases after you've finished shooting, and there's a money-deal being offered, so it's best just to get the thing done when you're shooting.
  4. Insurance Coverage is easier to obtain.
    I've never met a distributor that didn't require, or at least prefer, that the producer of the film provide E&O insurance. E&O stands for Errors and Omissions, and this kind of insurance coverage is what pays for the defense if the there's ever a lawsuit over the content of the film. Getting E&O coverage is challenging for all filmmakers. While some providers will rely on your lawyer's legal opinion letter stating that release aren't required, others absolutely require releases… and since that lawyer letter will probably cost you more than getting the release (even if you have it drawn up by your lawyer… which you should) … the answer is pretty obvious.

 

=============

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 viewers'’ detrimental reliance upon the information appearing in this feature.

Asked and Answered: Can I get old podcast episodes taken down if I no longer want to be associated with the show I co-hosted?

In this Asked & Answered video, I answer a question about whether a podcast co-host who has left the show can get old episodes taken down from the internet. AUDIO: Hey, if you like these videos, please subscribe. It’s easy. And by all means share, Plus, like or tweet these on your favorite social networks. If you’ve… Continue Reading

7 big benefits of registering your copyrights early.

Copyright Registration should happen within 3 months after a work is first published. Content creators are often so focused on the creative and technical aspects of making their work, that they overlook a key measure which, if taken, can afford tremendous benefits. These benefits are, in fact, so significant, that we recommend content owners establish… Continue Reading

Find us on Google+