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Category Archives: Entertainment Law

2020 Year in Review

2020 Year in Review

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 www.entertainmentlawupdate.com/128

  • AGREEMENT REACHED OVER STREAMING THEATER PERFORMANCES
  • PLATFORM LIABLE FOR USER COPYRIGHT INFRINGEMENT DUE TO FAILURE TO PAY $6.00.
  • NETFLIX SCORES EARLY WIN IN TIGER-KING LAWSUIT
  • COPYRIGHT TROLL ATTORNEY RICHARD LIEBOWITZ SUSPENDED FROM PRACTICE OF LAW
  • DESCENDIBLE  RIGHT OF PUBLICITY BECOMES LAW IN NY
  • Top Stories and Cases in Entertainment Law for 2020
  • COVID-19 SECTION
  • Warner Brothers shift to Same Day Film Releases on HBO Max (PLUS THEATERS MORE GENERALLY 126-125)
  • USPTO v. Booking 123
  • Stairway to Heaven/Led Zepplin 124, 119 “STAIRWAY TO HEAVEN”
  • Instagram Embedding  127, 123
  • Allen v. Cooper (Blackbeard’s Revenge) 119
  • Fair Use Cases we’ve talked about in 2020
  • 2021 UPCOMING ISSUES 

As the year nears a close, do these things to save money, time, hassle and risk.

First off, if you celebrate, let me wish you a Happy Hannukkah!

It's getting to be that time of year when we all sort of wrap up our work activities, and things start to slow down. 

That makes this a really good time to think about a few tasks that are best done before 2021 begins. 

The items below will save you money, time, hassles and legal risk, so think them over and let me know if you want some help getting them squared away.

1. Trademark Registration Fees Increase on January 1st.

So, if you've got a distinctive brand or title for your podcast, series, products, services, NOW is the best time to get the registration done. Preparing a trademark application properly does take a little bit of time, so act quickly… get your order in so you don't wind up paying more. More about Trademarks on the website here.​​

2. Register your DMCA Agent to preserve your “Safe Harbor” from copyright claims.If you operate an online service that allows visitors/users to submit content (even just comments and reviews), you'll need to implement a DMCA policy, and designate the person to whom complaints must be sent. If you do this correctly, it can save you from lawsuits. And best of all, you can do it yourself. The cost? A whopping $6. 

Click here to access the copyright office's DMCA Directory system where you can register. Prefer to have it done for you? As always, I'm glad to help you with this relatively easy and low-cost protection against copyright claims related to your online activities. If you have any questions, feel free to set up a quick call to discuss.

3. Get your (old and new) companies in orderFor some, this will mean closing up and dissolving older, unused 

corporations and LLCs . For others, just starting up, it means getting everything set for a January 2nd start date. I'm delighted to help with either task. Just reach out and let me know.​​

​4. Got a website? Get your customized Privacy Policy, Terms of Use and other site documents up to speed.

2021 will see some new, updated data privacy requirements implemented in California and Europe… so if your website has visitors from the Golden State or the EU, you'll need to make sure your website documents are in compliance. If your website documents weren't previously customized for your operations, it's necessary.  So let's take a look and see what kind of shape they're in.

This year, giving thanks is even more important!

Be Grateful, Give Thanks

Each year at this time, we give thanks for the people and experiences that have enriched our lives. But this year, with all that 2020 has dumped on us, I feel it's even more important to take time out to get in touch with gratitude and appreciation for the good things in our lives.

I hope you'll do the same, and share your feelings with friends and loved ones. It's remarkable how such a little thing can make you and them feel a little bit better. It's contagious. Viral, even (see what I did there?). This is the kind of thing that's WORTH spreading around. Let expressions of gratitude and thanks replace the hugs and kisses that we're missing out on this year.

Here are my thoughts on thankfulness and gratitude:

I'm grateful for:

  • My amazing wife for all she is and does
  • three incredible children. Strong of will, character and intellect, and full of joy and imagination. Watching them grow is one of life's greatest rewards!
  • Our 4 cats (Luke, Luna, Rue, and Pixie), and our dog, (Rosie)! for filling our house with unconditional love, attitude (cats, right?) chaos and fun.
Rosie
  • My father, from whom I'm still learning every day, even though he's been gone for 23 years.
  • My Mom, for everything. Just everything!
  • My sisters, brother-in-law, nephews, aunts, uncles, and cousins.
  • My friends, colleagues, co-workers and clients, and the opportunity to serve so many fun, interesting and creative people, in an industry an career I find simply fascinating.
  • The opportunity to share my knowledge, experience and what wisdom I've attained by teaching students from all walks of life.
  • The technology to make just about anything possible.
  • My early introduction to the field of online courses, memberships, distance-education. This has allowed me and my businesses to thrive through these very difficult times.
  • All of the abundance in my life
  • And most of all, I'm grateful for my health and that of my family, friends and loved ones.
  • Finally, I'm grateful for you, gentle reader!

I hope that you, too are healthy, happy, and able to find some things to be thankful for this holiday season. Please spread your gratitude.

Happy Thanksgiving!

The Gratitude Episode

The Gratitude Episode

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 www.entertainmentlawupdate.com/127 5 Points VARA DISPUTE DENIED CERT (TWO SENTENCES)  TERRENCE HOWARD SUES EMPIRE STUDIO FOR BREACH OF CONTRACT* *BUT REALLY IT’S A SORT… Continue Reading

Promoting your show with sweepstakes, contests and  lotteries

Promoting your show with sweepstakes, contests and lotteries

Running a contest or a giveaway is a brilliant, and cost-effective way to get your audience engaged and get fresh leads, drive lots of meaningful actions, Attract people to your content, get them to share it, and more.  But it’s important to exercise caution and make sure that you’re complying with the relevant laws. You… Continue Reading

Asserted Truths

Asserted Truths

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 www.entertainmentlawupdate.com/125 AMC TO TAKE OVER SHUTTERED THEATERS  FALL OUT FROM CONSENT DECREES CONTINUES IN APPELLATE RULINGCentury Theater Owner’s Negotiation Tactics Approved. IN THE… Continue Reading

Generic .coms, Lady A and more…

Generic .coms, Lady A and more…

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 www.entertainmentlawupdate.com/123 GENERIC.COM TRADEMARKS GRANTED LADY ANTEBELLUM VS. LADY A. MAKE-UP DESIGNS, COPYRIGHTABILITY & PREMPTION ESTATE OF CONAN DOYLE SUES NETFLIX OVER ENOLA HOLMES… Continue Reading

“Literally” Libel… Proof

“Literally” Libel… Proof

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 www.entertainmentlawupdate.com/122 “THE ROOM WHERE IT HAPPENED” MOVES TOWARDS PUBLICATION United States of America v John R. Bolton [USDC for the District of Columbia]… Continue Reading

Can (and should) producers use COVID-19 waivers from cast and crew to limit their liability?

Can (and should) producers use COVID-19 waivers from cast and crew to limit their liability?

The scenario An actor client today told me that she’s been asked to sign a document before coming to work on a new project. The waiver expresses all kinds of new protocols for minimizing disease transmission on and around the set, but then it goes on to include a waiver, stating that she understands that… Continue Reading

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