 |
| WCCO |
Every individual that is involved with the
entertainment world needs to become aware of the various types of legal issues
that can significantly affect your business. One of the most important topics
when it comes to entertainment is copyright law so knowing the misconceptions
about the law can decrease your liability risk. Keeping up to date with current
events as well as industry podcasts can provide extremely valuable insight and
expert resources.
The first podcast was presented by a
Minnesota Law radio program examines “The Myths and Misconceptions of Copyright
Law.” Within the half hour program, Marsha Stolt, an attorney that specializes
in copyright, trademarks, and intellectual property, details the basic
information that everyone should know about copyright and intellectual
property.
One of the biggest issues in today’s society is with the amount of
technological advances that make it easier to infringe on copyrighted works.
The Internet provides users with a vast amount of information and material that
can be used by anyone (legally or illegally).
The problem is that users are unaware of the changing laws so they do
not always know what the legal thing to do is in order for them to avoid a
lawsuit. Stolt explained what can be copyrighted (music, paintings, photos,
text, etc.) and what cannot be copyrighted (titles, names, lists, ideas, etc.).
She also explained that as soon as the creative expression is put into a
tangible medium, the author owns a copyright for that work. However,
registering the work with the USPTO gives the author greater protection because
it allows the author to recover statutory damages as well as attorney fees in
the event of an infringement case. If the work is not registered, the author
could only recover actual damages in the event of a suit. Topics of fair use,
public domain, work made for hire, and infringement consequences, were also
discussed during the podcast. The full podcast can be listened to through iTunes.
The second podcast, “Entertainment Law
& the Challenges of a Celebrity” was featured on the Legal Talk Network.
The hosts, Craig Willams and Robert Ambrogi outline the different legal issues
that celebrities face. Two of the most important topics they discuss are the
issues of moral clauses and contracts. When a celebrity or any other important
figure signs a contract, often included in the terms of the agreement are moral
clauses. These clauses often state that the celebrity must conduct himself or
herself in a particular way, usually in a professional manner. Moral clauses
could also include a list of things a celebrity cannot do (smoking, excessive
partying, getting arrested, etc.) The main purpose of a morality clause is to
protect the brand that the celebrity is affiliated with and to decrease the
risk that their brand will be diluted. Another issue for celebrities is the contracts
with their managers or agents. Celebrities seek legal help when they want to
get out of a contract or once they have breached the contract and have to deal
with those legal consequences. It is incredibly important for anyone entering
an agreement to seek legal advice first so they do not have to pay for it later
on down the road when they are in the middle of a costly dispute. Management
selection is critical to the success of celebrities because so much trust and
money is invested in the manager. Double-checking credentials and experience
can avoid other mistakes as well. The podcast was very informative and can be
listened through iTunes.
The third and last podcast reviewed is
entitled “WGA, Copyrights and Musicals,” which is hosted by John August and
Craig Mazin through Scriptnotes. This podcast was more centered on screenplays
and scripts for movies or theater productions. The issue they discuss the most
are works for hire, in which a writer creates a screenplay and the company they
work for are the copyright owners of the finished product. If the writer wants
to sell their works to a studio, they can have a little more control over how
their work is used through the contract with the studio for the sale of the
screenplay. The writer also can negotiate separated rights, which are rights
that the writer can withhold from the studio. For example, the studio is the
copyright owner of the play but the writer retains the dramatic stage rights so
they can create a stage version of their work if the studio does not adapt the
screenplay for the stage within a two-year time frame. The issues that affect
film and plays are seemingly more complicated than other areas of the
entertainment industry. The podcast can be listened to via iTunes.
1.
September 17, 2011: Why is there so much
Confusion: The Myths and Misconceptions of Copyright Law
2.
Entertainment Law & the Challenges of
Celebrity
3.
WGA, Copyrights and Musicals
No comments:
Post a Comment