Tag Archives: entertainment

Asked & Answered: Do I have to share?

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Q:

Patricia Asks:An acquaintance of mine knows I write screenplays and said he had an idea for me. It turned out to be a good one.I wrote a screenplay. The characters, story, and scenes were all mine.I wouldn't have written it if not for his idea but it was a very broad, general scenario…How much credit do I give him for his idea?

 

This video provides my answer:


AUDIO:

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TRANSCRIPT:

A:

Well Patricia, there are several layers we have to peel back here.

First, from a strictly legal point of view, there's no copyright protection for ideas. In fact a judge once said “Ideas are as free as the air”. So, unless you made some kind of a promise of shared credit (or money) (a contract, in other words) to your friend, you don't legally have to do so.

That said, if you want to keep this friend, it's a good idea to thank him properly with a “special thanks” credit or something. But, you need to be aware that doing so COULD be used as evidence against you, if there's ever a lawsuit. “If you don't owe me anything, why'd you thank me?”

Now, I'm kind of divided about whether it's a good idea to talk about the issue, and propose a solution. You might mention (as casually as possible), “Hey, by the way, I ran with that idea you GAVE me, and it's been some work, but it's turning out really good. I hope you don't mind if I mention you in the ‘special thanks' section of the credits”.

At the very least, this will open up a conversation, and if he says “Hey, sure”, you can follow it up with a quick e-mail that says “Thanks again. We've AGREED that you'll get mentioned in the “Special Thanks” part of the credits.

If he objects, and demands a better credit, or a share of the money you get from the script, well, you're free to make that agreement, but understand that it could make selling the thing a little bit more complicated. If you decide not to share, as I said that's your prerogative, but you should expect that he'll sue you later on if the thing gets made. But more importantly, you have an obligation to disclose these kinds of disputes to the prospective buyer of your script, so think carefully about how you handle the situation.

If you don't have a conversation and come to some understanding, and you decide not to put your friend in the ‘special thanks', , you still risk that lawsuit, but since you don't KNOW that your friend objects, you don't have to disclose anything to the buyer when selling the piece.

 

Entertainment Law Update Podcast Episode 036 – Faulkner, Einstein, Superman and talent managers…

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Call us with your feedback:(310) 243-6231

In this Episode:

  • William Faulkner’s suit against Sony Pictures and Woody Allen;
  • Warner Brothers has won an important victory in the Superman litigation,
  • Albert Einstein’s likeness is now in the public domain, and
  • a group representing talent managers is suing California officials over the state’s licensing statute for agents
  • and much more…

HOSTS

Gordon Firemark

Website: https://firemark.com http://theatrelawyer.com,

Twitter: @gfiremark

Tamera Bennett

Website: http://createprotect.com

Twitter: @tamerabennett

 

 

Clio - Online Practice Management done right.Entertainment Law Update is brought to you by Clio, the best way to manage your practice online. Clio allows you to manage your matters, clients, time, bills, trust accounts and more all through a a secure, easy-to-use, web-based interface. For a free 30-day trial and 25% off your first 6 months of Clio, sign up at www.goclio.com and enter promotional code [ENTLAW]” Or, just visit http://entertainmentlawupdate.com/clio

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Entertainment Law Update Podcast, Episode 33 – Cease and Desist, but nicely

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Call us with your feedback:(310) 243-6231

In this Episode:

  • J. Geils Band Trademark Dispute
  • Two Three's Companys is a crowd
  • Copyright Royalty Board unconsitutional
  • Jack Daniels sends the sweetest cease and desist ever
  • and more…
Clio - Online Practice Management done right.Entertainment Law Update is brought to you by Clio, the best way to manage your practice online. Clio allows you to manage your matters, clients, time, bills, trust accounts and more all through a a secure, easy-to-use, web-based interface. For a free 30-day trial and 25% off your first 6 months of Clio, sign up at www.goclio.com and enter promotional code [ENTLAW]” Or, just visit http://entertainmentlawupdate.com/clio

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Broadway’s Spiderman: weaving a tangled web

When Spiderman:Turn Off The Dark’s original writer/director ,Julie Taymor, sued the show’s producers late in 2011, nobody was particularly surprised. Ms. Taymor’s lawsuit alleged numerous counts, including the obvious breaches of contract, and the not-so-obvious copyright infringement claims. That suit seeks millions in unpaid fees and royalties allegedly due Taymor, and an order enjoining the… Continue Reading

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