Category Archives: Uncategorized

Warranties and Representations – What these contract clauses really mean.

If you’re like most of the entertainment industry folks I come into contact with, you’ve signed a few contracts in your day. And, if you’re like most of those folks, those contracts have required you to make certain “warranties and representations”. But, what’s interesting to me (and a little scary) is that when I ask my clients whether they’ve read and understood what they’re signing, often as not, the answer is either a blank stare, or a simple “No. That’s what I have you for.” Continue Reading

Producer beware: “Work Made For Hire” agreement creates a “statutory employee” relationship.

  Recently, employment practices in the entertainment industry have been under closer scrutiny, as several major studies have been targeted in class-action lawsuits by interns who believe they should've been paid minimum wage, received overtime, benefits, etc., as employees. Using interns as unpaid labor is a long-established practice around Hollywood, so these recent lawsuits have… Continue Reading

9 Tips to keep your podcast legal

This article first appeared as a guest post on http://howtorecordpodcasts.com, as part of a series called “31 days to a better podcast.” 9 Tips to keep your podcast legal. As an entertainment and media lawyer, I’m regularly approached by bloggers, podcasters, and new media producers with questions about “how to do it legally”. Fortunately, the… Continue Reading

U.S. Supreme Court: Foreign Produced copies are subject to First Sale Doctrine

Supreme Court Ruling protects student’s right to sell foreign purchased copies for profit. On March 19, 2013, the U.S. Supreme Court, in an opinion by Justice Breyer, ruled that foreign-made copies of works protected under the U.S. Copyright Act are subject to the “First Sale Doctrine”. The decision comes as a blow to U.S. publishers… Continue Reading

Why Small Business Owners need to think about intellectual property protection

Every small business owner knows that time and money are important assets. But how many consider the value of their intellectual property? How many small businesses even consider that they own any intellectual property? Sadly, too few small business owners have ever consulted an attorney about their IP assets. Often as not, those that DO… Continue Reading

How to deal with unauthorized changes to the text of a play or musical

I've been practicing as a theatrical entertainment attorney for over 20 years now. Recently, I've seen an uptick in the number of inquiries I get from playwrights, composers and lyricists who are concerned about the integrity of their material when produced by third parties. They're talking about unauthorized “cuts” to the show. We've all seen… Continue Reading

“Tinseltown” doesn’t just mean Hollywood anymore.

When clothing manufacturer Topson Downs sought registration of the term “Tinseltown” as a trademark for belts, blazers, sweatshirts and t-shirts, the trademark office refused the registration. The USPTO examiner reviewing the application concluded that, because ‘Tinseltown’ is a term used to identify the region of Los Angeles also known as “Hollywood”, the use of the… Continue Reading

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