Category Archives: Entertainment Law

Pimpin’, Puppets, and “The Rant” – Entertainment Law Update Episode 98

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The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app.  Show notes are located at http://entertainmentlawupdate.com/98.

Here's what we talked about..

Music Modernization, Magic Tricks and More – Entertainment Law Update Episode 97

Music Modernization, Magic Tricks and More – Entertainment Law Update Episode 97

Play

The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app.  Show notes are located at http://entertainmentlawupdate.com/97.

Here's what we talked about..

New California Ruling changes test for Independent Contractors

Are you classifying the people who work for you properly? I work with lots of entrepreneurs and small business owners, and I'm struck by how often people assume that just calling someone an independent contractor is enough to make that the case.

It's especially common with small independent films and theatre projects. Producers often include provisions in their contracts stating that the work is being performed by an independent contractor, who agrees to take responsibility for all taxes, workers' compensation, and other obligations.

But wishing it, or even contracting it won't make it so.

In 2012, shortly after California legislated some harsh penalties for misclassification of workers, I wrote about the so-called “Control test” which examines the degree of control the employer has over the worker in a number of areas.

Independent Contractor vs. Employee – misclassification can cost entertainment industry employers dearly.

New Supreme Court Ruling

But earlier this week, that changed. On April 30, 2018, California Supreme Court rendered its decision in Dynamex Operations West, Inc. v. Superior Court, and clarified the standard for determining whether workers should be classified as employees or independent contractors. The Court held that there is a presumption in favor of treating workers as employees, and that an independent contractor classification places a burden on the company to establish that it is proper under the so-called “ABC test”, which has been adopted in some other jurisdictions.

The ABC Test

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How do you Persuade Your Competitors and Colleagues to Comply with Copyrights and Contract Provisions? – Entertainment Law Asked & Answered

VIDEO: https://firemark.com TRANSCRIPT: How do you persuade your competitors and colleagues to comply with copyrights and contract provisions? 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. Continue Reading

Dragon Ladies, Tattooed Athletes and BOTUS – Entertainment Law Update Episode 96

Dragon Ladies, Tattooed Athletes and BOTUS – Entertainment Law Update Episode 96

The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app.  Show notes are located at http://entertainmentlawupdate.com/96. Here’s what we talked about.. Disney tries again to protect download codes.  Blurred Lines Case Upheld in 9th Cir. Google (YouTube)Beats Lawsuit… Continue Reading

Using a Title that’s Already Taken – Entertainment Law Asked & Answered

VIDEO: https://firemark.com TRANSCRIPT: John has a question about choosing a title for his film when there’s already a film with the same title out there. 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. Continue Reading

What can You do if You Think Your Agent or Manager is Scamming You – Entertainment Law Asked & Answered

VIDEO: https://firemark.com TRANSCRIPT: What can you do if you think your agent or manager is scamming you? 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. Continue Reading

How to Protect Your Ideas when Working in Hollywood – Entertainment Law Asked & Answered

VIDEO: https://firemark.com TRANSCRIPT: How to protect your intellectual property and other materials when working in Hollywood. How do you protect yourself against things like story theft, idea theft, and outright copyright infringement, and still get your material out to influencers and buyers in the entertainment industry? Hi, I’m attorney Gordon Firemark, and this is Asked… Continue Reading

Copyright Misuse, Motion Capture and more. Entertainment Law Update Episode 95

Copyright Misuse, Motion Capture and more. Entertainment Law Update Episode 95

The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app.  Show notes are located at http://entertainmentlawupdate.com/95. Here’s what we talked about..  Disney Misused ‘Star Wars,’ ‘Frozen’ Copyrights, Says Judge (in Redbox Case) 2 (follow up) Taylor Swift Wins… Continue Reading

An Interesting Defamation Question – Entertainment Law Asked & Answered

VIDEO: https://firemark.com TRANSCRIPT: I’ve got a pretty interesting defamation question for you today… 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. Continue Reading

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