In the entertainment industry, securing rights to a literary work is often the first step in creating a successful film, television series, or stage production. A rights acquisition contract governs this process, defining the terms under which producers can adapt a screenplay, novel, play, or other literary property into a new medium. Whether it’s a blockbuster movie or a Broadway production, these agreements are vital to ensuring clear legal boundaries and creative control.
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Halloween costumes aren’t all fun and games; behind the masks and makeup lie legal complexities around copyright and trademark laws. For those who make, sell, or even wear costumes inspired by popular characters and brands, it’s essential to understand the rights that may (or may not) apply. Here’s a look at how copyright and trademark law impact Halloween costumes.
Copyright law protects “original works of authorship,” which includes a wide range of creative expressions like books, movies, artwork, and certain types of clothing designs. However, clothing items, including costumes, are generally not covered by copyright protection unless they contain elements that can be considered a “work of art.” For example, simple pirate or ghost costumes are not subject to copyright protections because they’re considered functional clothing without original, creative features.
Continue ReadingIn Episode 173 of the Entertainment Law Update podcast, My co-host Tamara Bennett and I explore a range of crucial copyright decisions, including a key ruling for 2-Live Crew, whose bid to reclaim their masters stays alive due to the personal rights of copyright termination even through bankruptcy. Atari’s copyright case against State Farm also moves forward, with Crystal Castles artwork at the center of a TV ad controversy. Listen in for details on a surprising copyright case where Gigi Hadid faced a $3,000 judgment for an Instagram post, and an update on a tattoo artist’s copyright infringement win that raised new questions about video game portrayals. The hosts cover landmark rulings in UMG Recordings v. Grande Communications and a federal circuit case that could impact false advertising in patented product claims. Catch all these stories, plus the Copyright Claims Board’s stats from its first 1,000 cases, in this episode, now available on your favorite podcast app or streaming platform.
The Federal Trade Commission (FTC) recently introduced new “Click to Cancel” rules designed to protect consumers by making it easier to cancel recurring subscriptions and memberships. For online course creators and membership business owners, these rules represent a critical shift that requires some operational adjustments. In this post, we’ll break down the new rules, explain… Continue Reading
California has once again set a precedent in the entertainment industry by taking bold action to protect its youngest content creators. In September 2024, Governor Gavin Newsom signed two new bills that expand protections for child influencers and online content creators. This legislation is an important move to prevent financial exploitation and ensure that children… Continue Reading
Navigating the trademark application process can feel like running an obstacle course—especially if you don’t know about the hidden traps. One of the biggest challenges isn’t filing the application itself, but avoiding the scams and schemes that prey on unsuspecting trademark applicants. Let’s explore some of the most common trademark scams and how you can… Continue Reading
In the fast-evolving world of podcasting, where credibility and trust are key to building a loyal audience, the recent updates to the Federal Trade Commission’s (FTC) guidelines on reviews and testimonials should be on every creator’s radar. The FTC has officially declared war on the practice of buying and selling fake reviews and testimonials, a… Continue Reading
For the ninth year in a row, Gordon Firemark has been honored by his peers with inclusion in The Best Lawyers in America for his outstanding work in Entertainment Law – Theater. “I’m truly humbled and grateful to receive this recognition once again,” says Gordon Firemark. “My mission has always been to help entertainment professionals… Continue Reading
Join Gordon Firemark and Tamara Bennett in episode 165 of the Entertainment Law Update podcast as they provide detailed analysis and commentary on various legal and business news stories. This episode covers a range of topics, from the NFL’s $4 billion anti-trust verdict to the latest AI training lawsuits. Highlights include discussions on the Parkland… Continue Reading
Join Gordon Firemark and Tamara Bennett in Episode 169 of the Entertainment Law Update podcast as they analyze the Supreme Court’s ruling against the “Trump Too Small” trademark, Griner’s “Success Kid” lawsuit victory, Bacardi’s trademark dispute win, and Netflix’s settlement of the Fairstein defamation case. They also discuss the unionization of drone pilots, the legal… Continue Reading
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