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/141

PUBLIC DOMAIN DAY 2022

EMERGING SPLIT OF AUTHORITY REGARDING ORIGINALITY DETERMINATIONS

DISNEY STILL HAS TO LITIGATE OVER ORIGINALITY OF JACK SPARROW

THE  “DARK TOWER” CASE – CERT DENIED

ERIC CLAPTON GOES AFTER BOOTLEG SALE

NEVERMIND BABY COMES BACK WITH AMENDED COMPLAINT

SPOTIFY WINS TRADEMARK LITIGATION AGAINST POTIFY

UPDATE: MUSICOLOGISTS AROUND THE WORLD SUPPORT KATY PERRY IN LITIGATION

FAT LEONARD PODCASTERS ORDERED TO HAND OVER RECORDINGS

Suzanne Wilson Named General Counsel of U.S. Copyright Office

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VIDEO:

http://firemark.com

TRANSCRIPT:

Got a copycat? What  you can do to stop them.

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.

So, you've been making great online content,  It’s getting views, listens, downloads, and then you discover it.  Some copycat out there has been watching closely, and when one of your pieces does well, they make their own content piece on the exact same topic.  They give it the same or a very similar title, and their piece starts siphoning off your audience and search results.

It’s frustrating and demoralizing.  Their actions are rude, immoral and unethical, but is it illegal?  Can you stop them?  Stick around and find out!

OK… so, what these copycats are doing is absolutely immoral and unethical.  But does it violate the law?
That is obviously a tricky question, and it's usually best to talk with a lawyer who can examine your specific facts and advise you accordingly.  But here’s some information that may help you get started.

Analyzing a situation like this requires us to look at several different areas of law. Specifically, we’re talking about possible claims under copyright law, trademark and unfair competition, and maybe even some kinds of contract-related claims.  So let’s dive in.

First, Copyright law.

Copyright protects original works of expression against unauthorized copying, adaptation, distribution, performance and display.

But that’s the trick. It’s not the ideas, or concepts, or information contained in your content that’s protected by copyright… only the particular way that you express those things.   That means that someone else can come along and tell the same factual information, present their own take on the ideas or concept without it amounting to copyright infringement.

But that doesn’t give them complete freedom to copy the way you’ve gathered, assembled, organized and presented things.  If your approach to those things is original (and not just an alphabetical, chronological, or similarly routine way of presenting the material) then you CAN claim copyright there.

If the original elements of your work are what’s being copied, then you have a couple of options:
The first and probably the simplest, is to file a copyright claim with the service that’s hosting the infringing material.
The Digital Millennium Copyright Act, or DMCA gives copyright owners a way to get material taken down quickly, since the services that host third parties’ infringing content have to comply with properly presented takedown requests, in order to maintain their “safe harbor” protection against being sued for those infringements.  So look for the service’s takedown procedure… usually in the Terms of Service or Privacy Policy.  

But a couple of things to know.  First, the takedown notice you send has to be ‘properly formatted’.  So if the service doesn’t have an online complaint form, you need to make sure your notice complies with §512 of the US Copyright Act.  

Fortunately, I’ve got a template that can help with this.  Visit EasyLegalTemplates.com  for that and more Easy Legal Forms and Templates

Second, The alleged infringer CAN file a counter notification and get the material put back up, and that starts a clock ticking for you to sue them.  AND, if you’re found to have abused the DMCA takedown, without considering possible defenses, (like Fair Use, which I’ve covered in another video… the link is in the description below) (http://firemark.com/fairuse)) Well, it’s rare, but you could be liable to them for damages and attorneys’ fees.  So, think it through carefully, or talk to an attorney before filing your claim, just to be sure.

Another option is to send the infringer a cease-and-desist letter.  This is really just a letter, usually written by your lawyer, outlining  the fact that you own a copyright, that you’ve discovered their infringement, and demanding that they stop, and take it down, with some threat of further legal action if the infringer doesn’t comply.  Sometimes the letter also includes a demand for payment. 

But here’s the thing:  These letters don’t often accomplish the desired goal.  Sometimes they lead the infringer to  stop, apologize and even pay, but far more often, in my experience, they instead either ignore the letter, or write back refusing to comply.  Some folks even publish the letter on social media and call out the copyright owners and lawyers as bullies. and this just forces your hand, so you’ve got to make good on your threat to sue.
And, sometimes, the recipient of this kind of cease and desist letter will hustle on down to the courthouse and file a lawsuit asking the judge for “declaratory relief” (on-screen).  That’s a court ruling that their work does NOT infringe your copyright.  And then, you could actually wind up paying their attorney fees.

And finally on the copyright front, you could land the first blow with your lawsuit for copyright infringement… but before you file, you have to register your copyright with the US Copyright Office.  So this can take some time before you even file the suit.  And,  lawsuits are very costly, and take years to resolve. So that’s not always a very good option.

The next kind of legal claim you might consider involves trademark and unfair competition law.  Trademarks and Service-marks are distinctive words, phrases, designs and symbols that serve as identifiers that separate the goods or services of one source or supplier from others in the marketplace.  So, if you’ve got a distinctive title for your podcast or video series, or channel, you might be able to protect against others coming along and adopting confusingly similar titles for their shows, series or channels.  

That means filing an application for trademark registration, which can be costly and time consuming.

Unfair competition, though, doesn’t depend on there being a registration of any kind.  These kinds of claims can arise both under federal law and state law provisions.  Basically, they involve claims for ‘false designation of origin’. So… theoretically, if someone is passing off your ideas, structure and frameworks as their own, you might have this kind of claim at your disposal.

Again, your options are to send a cease and desist demand, or just file a lawsuit.  Unfortunately, there’s not an equivalent of the DMCA for this kind of claim, BUT some of the platforms DO accept complaints through their systems and will sometimes take action accordingly. That’s certainly worth a try, if it’ll resolve the issue.

Another approach, relies on contractual claims,  so it won’t apply to all situations, but if you’re a course creator, coach, or info products seller, you CAN include confidential nondisclosure language (and covenants not to copy) in your agreements with your students, customers and clients.  Then, if they violate those provisions, by copying your course, materials, frameworks, methodology, or whatever, you’ve got some recourse, and could collect damages and attorneys’ fees.

But this won’t solve the problem of the copycat who finds and mimics your publicly available content, because there’s no contract involved there.

Now, all of this has covered some of the legal approaches to dealing with these copycats.  But really,  I think the best approach to this kind of situation is to reach out to the copycat directly on a personal level.  No threat, no recrimination, just appeal to their sense of ethics and morality, and just  politely ask them to stop, maybe with a suggestion of an alternate approach that they could use.  I’ve found that the ‘catch more flies with honey’ approach gets you satisfaction more often.  

But if they’re not going to play nice, then you can escalate to some of those other strategies.

One thing I do want to caution you about though… I often hear victims of these kinds of copycats say that they plan to go public about it.  They’ll Call out the evildoer and embarrass them.  But that’s a dangerous game.  You see, you could open yourself up to claims of defamation and tortious interference.  And that puts you on the receiving end of a lawsuit.  And believe me that won’t be any fun at all.

Obviously, you have a right to speak your mind about the unethical, immoral and wrongful behavior you see and experience, but it’s risky to call people out specifically.  So please just  be very careful and thoughtful about what you say and how you say it.

So that’s it for this session of Asked and Answered.  

If you’re looking for the forms and templates I mentioned earlier, visit EasyLegalTemplates.com

Thanks for watching.  See you again soon.

This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature.

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This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature.

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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 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 COURT OF APPEAL OF THE STATE OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE
• JERSEY BOYS-NEW STANDARD FOR NON-FICTION CORBELLO V VALLI (USCA, 9th Circuit)
• TONY BASIL LOSES AGAINST AGENTS DUE TO COPYRIGHT PREEMPTION
• CHICK-FIL-A LOGO DENIED COPYRIGHT REGISTRATION
• VID ANGEL SETTLES (quick take-1 paragraph) (CAN COME OUT OF BANKRUPTCY)
• RAZORCREST LEGO SET CHANGES NAME DUE TO TRADEMARK
• SOCIAL MEDIA SERVICE APPROVED IN TEXAS 
• CALIFORNIA PASSED AMENDMENT TO AB5

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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 www.entertainmentlawupdate.com/124

• OLIVIA DE HAVILLAND LEGAL OBITUARY
• PARAMOUNT CONSENT DECREES ENDED
• WAITE V UMG RECORDINGS (USDC, E.D. New York)
• MANGO V. BUZZFEED-LACK OF KNOWLEDGE OVER POTENTIAL FUTURE INFRINGEMENTS ISN’T A RELEVANT ISSUE
• GOOGLE SUCCESSFULLY DEFENDS AGAINST INFRINGEMENT LAWSUIT OVER LYRICS
• SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF KINGS
  • 50 Cent vs. Rick Ross – Connecticut Common Law claim
• ACTRESS WINS FAIR USE LAWSUIT AGAINST DIRECTOR FOR DEMO REEL
• FRANKENSTEIN OF FAIR USE IN THE METROPOLITAN MUSEUM
• MARANO V METROPOLITAN MUSEUM OF ART (USDC, S.D. New York)+
• SHAPE OF WATER APPEAL RESULT LEADS TO  RESURRECTION OF PIRATES OF THE CARIBBEAN SUIT
• *IS NINTH CIRCUIT BEING INDECISIVE?
  • Pirates of the Caribbean Lawsuit Revived by the Ninth Circuit
• AND NOW WE HAVE THE FOLLOWING PETITIONS FOR CERT IN STAIRWAY TO HEAVEN AND INSIDE OUT

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VIDEO:

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TRANSCRIPT:

What are the rules for using music (even your own music) in a podcast.

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.

So, one of the most common questions that comes up when I talk to podcasters about their legal obligations and rights, has to do with music.

Sometimes, they want to use pre-existing music, and don't understand why it's so hard or impossible.

And sometimes, they're actually creating their own music, and still have concerns and questions.

Troy reached out to me with this…

“I’m a composer who will be using my own music for an upcoming podcast that i will be hosting. I’m a member of BMI and was wondering if you are familiar with the process of submitting cue sheets for podcasting – or if that if podcasts are something BMI even tracks? I’m wondering how BMI would track podcasting and how one would report for royalties? ”

And that really illustrates WHY it's so difficult for podcasters to use music in their programs… Even the musicians who create the music sometimes can't figure out the web of rights and permissions that are needed.

So first, I reply to Troy's basic question about cue sheets.

Cue sheets are used by ASCAP, BMI and SESAC to track which songs are used, and how much, in films, television shows, and other media productions. The producer is supposed to complete the sheet and send it to the applicable performing rights organization, which is responsible for tracking and allocating the license fees for the public performances of the music in their catalogs. A songwriter becomes a member of one of these societies, so he or she can get paid for these kinds of uses. Things like Radio and TV airplay, or when songs are peformed in coffee houses, concert venues, restaurants, and so on.

But these performing rights organizations do not collect for other kinds of uses… And some of those kinds of use need to be directly licensed by the copyright owner…

So my first point to Troy is that he's asking how he can account to and pay someone else for the right to use his own music in a podcast. Wow.

Ultimately, I don't even know if these societies have a mechanism for collecting and tracking cue sheets for podcasts. If they do, it's not a very common thing.

But more importantly, these organizations only collect for the small performing rights that I mentioned.

But a podcast is so much more than a single play of a song like radio.

There are six (6) different kinds of rights involved when you put a piece of music into a podcast episode.

1. The synchronization right – the right to combine the musical composition with other material into a larger work (the podcast episode).
2. The Master Use – the right to combine the particular RECORDING of the song with that other material.
3. The Download Right (for both the composition and the master). When you download the episode, you're making a copy of the song and recording embodied in it.
4. The Streaming right for the composition… (now this, arguably, is the thing for which ASCAP, or BMI or SESAC collects royalties).
5. And Finally, the Streaming right for the recording… And that may or may not be something that's within the purview of an outfit called SoundExchange to collect.

So, now you can see that for a single song in a single episode of a podcast… you might have five-or six stop shopping just to get the basic permission you need.

Which is why using music in podcasts is so darned challenging, and frankly, expensive….

and, it's why podcasts are still (mostly) sticking to royalty-free music, or material that's been composed specially for their shows. (like what Troy is talking about).

Now, I know all this might be a bit disappointing.. But there's cause for optimism.

There are moves afoot to create one-stop libraries of podcast-friendly music that can be used without all this hassle… You might not get the “satisfaction” of using the rolling stones in your episode, but there is some mainstream music finding its way into these libraries, so

If you search for “podcast music” you “might just get what you need”.

That's it for this session Asked & Answered…
If you have a question for me, just visit http://firemark.com/questions and let me know.

See you next time!

This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature.

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VIDEO:

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TRANSCRIPT:

When do you have to blur the faces of people you capture in your videos shot in public places?

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.

Miranda wrote to me with this question:

When filming content for my YouTube videos, when do I need to blur out faces?

We mainly film our hikes and some passerby people.

We also filmed a new playground review while my children played.
I'm not sure if I'm supposed to blur out every single face. Since it's a city park, I don't know the specifics.

We plan many more hikes on public land/property and I just want to know for future.

(Also, if the law doesn't require me to blur faces, when is it still polite to do so? I just finished editing our new playground review and it took quite a while to blur out all of the faces of children getting in the shots… )

Great question. Generally, when you’re filming in a public place (like a park, or outdoors on publicly accessible hiking trails, etc., its perfectly OK to capture people and show them without blurring faces, PROVIDED your videos are noncommercial in nature (that is that they're not offering products or services for sale, or otherwise proposing some kind of business transaction).

BUT, when filming kids, it’s probably a good idea to blur faces of kids who aren’t the primary subjects of the video, if they are easily recognizable, shown in relatively close-up shots, and so forth. Especially if the location of the park is given… (here's a scenario… suppose we have a domestic violence situation, where spouse has taken the kids and is hiding out… but the kids have got to get out and run around… So they go to a park to get some air and have a little fun… if the other spouse sees your video and can determine what neighborhood the kids are in, it could be troublesome for that family).

And, of course, if someone ASKS you not to film them, or to blur them, you should probably respect their wishes… And There may be other circumstances where blurring makes sense… If a person is shown doing something that might be embarrassing (picking his nose, etc?) , if that’s not the whole point of the video… maybe it makes sense… Or where there's some implication of wrongdoing, or bringing scorn upon the person …

Bottom line, if a reasonable person wouldn't have an expectation of privacy, and you're not using any inappropriate means to capture their image, free speech and free press principles govern the situation… And you have a right to show them. Also, if the footage captures something newsworthy… Free speech and press.

But ultimately, unless you're doing some kind of exposé journalism, you want to be honorable about it… So use your judgment, and think about how you would feel if shown in the way your video shows others.

If you have a question you'd like to see here on Asked and Answered, just visit http://firemark.com/questions and let me know.

See you next time!

This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature.

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VIDEO:

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TRANSCRIPT:

Do you need to clear music rights for your social-media advertising campaigns?

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.

Andrew wrote in with this question:

I work at an LLC Production Company, we are looking into paid advertisement that tries to get the viewer to come to our website or to contact us about work through Facebook and google platforms. We are not really sure how to navigate through the music licensing channels and wanted to ask: In terms of agreements for paid ads specifically through Facebook and other social media platforms (not including TV or radio) that are only to get our name out there to help get clientele do we need the full rights to a song? And, if not ,what do we need if it is only through social media platforms (Facebook and Instagram)? What exactly are the parameters when it comes to us being at risk of legal action if we were to use a song for our LLC's work reel?

I’m afraid you WILL need to get proper music licenses for the songs and recordings you use in your demo materials.

Using someone else's copyright protected material, (like a song or a recording) is copyright infringement. Plain and simple. Getting exposure for your business is a commercial use, and that's the kind of thing that draws lawsuits. The risk of getting sued is high, and the liability if you DO get sued can easily climb into the hundreds of thousands or even millions of dollars. But even if you aren't sued, you could spend all that time, money, and energy putting together your ads, and then find yourself on the receiving end of DMCA Takedown notices from the copyright owners.

So, even if you're only doing a few Facebook or Instagram ads, you'll want to do things right by getting license for the music you use.

Now, The process isn’t difficult but it’s somewhat complex and mostly just time-consuming.

First of all, remember that with recorded music, there are TWO copyrights to think about. First there's the song itself… That's what the composer and lyricist (songwriter) created.. And it's probably owned or controlled by a music publishing company; and Second, there's the so-called “master” recording… what the recording artist producer and engineers have created. That'll likely be controlled by the record label.

So, you need to track down the owner of each musical composition and each recording, and ask for the specific permission / license you need. For the song, you want a “synch” license, and for the recording, a “master use license”. You’ll probably be asked to submit the request in writing, or by email or in an online form… and you'll need to be specific about exactly how much (how many seconds) and which part of the song is being used, in what context, and the nature of the visuals to which it’s being attached. Then, the owners will (eventually) give you a quote, and if you agree to their proposed pricing, they’ll issue a license.

You’ll do this for each piece of music you use.

This is why many folks use music from a production-music library where they can purchase one-time buy-out licenses at very nominal fees for tracks you can use for demos, temp editing, etc.

Or, you could hire a composer to write music specifically for your projects. But be sure if you do that, that you get the deal in writing, and that the terms are crystal clear about ownership and payment.

All right.. That's it for this session. I'm Gordon Firemark, and If you have a question you'd like to see here on Asked and Answered, just visit http://firemark.com/questions and let me know.

See you next time!

This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature.

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VIDEO:

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TRANSCRIPT:

Can you use a series of audio clips of famous quotes in your show intro?

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.

A podcaster reached out with this question…

Hi, I am an amateur podcaster and I'm hoping to launch my podcast very soon. I am currently researching copyright law to learn about the laws and ethics behind producing quality podcasts.

I have created an introduction for my podcast that borrows 1-3 second soundbites from various voices (i.e. Khazir Khan, Malcolm X, Maya Angelou, etc.) to create an audio collage of recognizable one liners. I'm concerned about incorporating these soundbites, however, in a way that is both ethical and legal. I'm stuck in my research and looking for help/advice.

OK… So this is a multi-part answer.

First, on copyright law basis, Based on what you’re saying, your intro may qualify as “fair use” for copyright purposes. That is, it's probably NOT a copyright infringement.

But there are several other potential issues.
It's probably not problem from a typical invasion of privacy standpoint, since the statements were made publicly, BUT, there’s a sub-category of privacy called misappropriation, which can be invoked when a person's name or likeness is taken without permission…

And in some places, there's the Right of Publicity, which generally gives a person (especially a celebrity) a right to control how his/her name, likeness, and sometimes voice is used in commercial contexts.

What remains an open question is whether a show intro like you propose is “commercial” or not. And I can’t really say with any certainty how that might shake out.

There might also be claims that your intro creates a false or misleading impression that these celebrities endorse your show, etc.

Now, It’s certainly ok to quote people with attribution, but when you use their actual voices, I think it gets a little risky.

So, here's where it sometimes gets tricky for us lawyers. You see, if you were a major media company, I’d probably advise you to go for it.

I'd explain the risks and talk about the potential first-amendment free-speech defenses. And being a free-speech advocate, I'd encourage testing the limits a bit, if your corporate mission and finances can support that kind of thing. I think it's important to stand up for important principles like freedom of press and speech.

But since you’re a self-described amateur, I’ll assume your budget is quite small, and that the costs and legal fees involved in fighting a lawsuit, even if you were to win, would be very harmful, if not devastating. So, unless my assumptions are incorrect, and you can handle the expense of mounting a defense and appeals, maybe even all the way to the supreme court, I’d advise you to re-think your plan.

If you have a question you'd like to see here on Asked and Answered, just visit http://firemark.com/questions and let me know.

See you next time!

This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature.

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VIDEO:


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TRANSCRIPT:

Using film clips in your lecture slides and presentations.

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.

A web visitor wrote in with this question.. She asks:

Hello. I am currently working on a presentation for a series of lectures that I will be giving to the general public, and I want to use clips from several copyrighted documentary films to include in my presentation.

What are laws concerning using copyrighted materials for reproduction and how do I go about getting permission to use such materials?

Because I will be using materials from various sources, I imagine purchasing licenses would be costly. So, are there ways to get licenses for free or at a low cost?

Eventually, I want to produce my own documentary film using the same materials. Is this possible?

Thanks for your question.

The Basic rule is that you cannot use copyright protected material without the consent of the owner except if (In the US), your use is a “fair use” (see my video on that at http://firemark.com/fairuse).

So, you’ll need to go through a process we lawyers usually call “clearance” or “clearing” the rights. To do that involves several steps:

– Identify the Material you’re using as specifically as possible (time code, scene number, etc.)
– Identify the owner(s) of the material in question
– Ask for the permission or license you need. (I generally refer to FREE licenses as “Permission” but it’s really just a gratis license). This often involves submitting a written request, detailing the exact material you wish to use, and explaining the context (by providing script pages, or a summary description).
– Negotiate the fee (if one is involved)
– Get the agreement in writing and keep it for your records.

Unfortunately, there is no central, one-stop shop for such licenses, and cost will vary widely depending on the material, and your project. For a lecture or slide-deck, it may be possible to get free licenses.

Also, you’ll need to be careful that any people appearing in the clips you use have given proper permission, (or that there’s some reason they needn’t). If professional actors, musicians, or other performers are involved, it’s likely that they’ll be entitled to a re-use fee, and may have to give explicit permission.

If you plan to produce a documentary film, it might be wise to include that request at the same time you ask about the lecture/slide-deck part of things… That way you’ll have everything handled at once. Even if you separate out the fee for each kind of use.

Of course, you’ll want to make sure that the license agreements cover all of your intended uses fully. So it’s wise to talk to a lawyer familiar with such things before signing any unfamiliar documents.

This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Using Film Clips in Presentation Slides – Entertainment Law Asked & Answered originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media

VIDEO:

http://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.

I got this inquiry from a gentleman who serves on the board of directors for a non-profit theatre company. He says:

“We have a code of conduct that our members sign which asks us to speak up if we see anything illegal happening in the theatre community. Until recently, our members were willing to sign this code, but there are reservations now because our newest members found themselves involved with productions which broke the law.

No one wants to speak up out of fear of being ostracized in an already fragmented community, but if we don't, then these violations will continue until one day, they will get caught and closed down. The compromise we have reached among ourselves is to simply ask the producers of shows which violate copyright if they are allowed to do what they are doing, but I don't think this enough to protect themselves.

The reason I am contacting you is to get advice on how to convince other companies to honor the copyrights and contracts of other artists and companies before they get in trouble on their own.

Well, First of all, I I applaud this conscientious approach to copyright. It’s quite rare, I’m afraid.

Now, generally I don’t think it’s really your obligation to police other companies’ compliance unless their actions impact your company. If that’s the case then I see it as an absolute obligation, and probably a dereliction of duty for nonprofit board members to ignore such threats.

Competitors doing shows without paying for the rights, or in violation of the license agreements DOES put your company at a disadvantage.  Complying with the law has a cost… So they’re spending less to achieve what you pay full freight to do.  Not fair.

So how do you convince folks to respect copyrights and contracts?  All you can do is ask. You don’t want to be the “tattletale” in the fragmented community you mentioned, but if you suspect they’re not in compliance, you can let them know that you’re going to check with the copyright owners about whether their productions are properly licensed. OR, you could also find a copyright-friendly local reporter and anonymously tip him/her off when you suspect a show isn’t properly licensed. You could also write editorials, blogs, etc., and take out some ads in programs, etc., to educate the public.  Basically, appeal to the community, and the patrons… To support only the shows that are doing things legally.

But ultimately, can you really influence them? I don’t know… until they get slapped with a nastygram from Samuel French’s lawyers, or a lawsuit. Then they’ll see the error of their ways.

You might point out that a single lawsuit could cost a company its entire existence. Lawyer fees alone could easily be more than the budget for an entire season, and the damage award for infringement can go as high as $150,000 per infringement. (i.e., each performance).

If you have a question you'd like to see here on Asked and Answered, just visit www.firemark.com/questions and let me know.

See you next time!

This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - The post How do you Persuade Your Competitors and Colleagues to Comply with Copyrights and Contract Provisions? – Entertainment Law Asked & Answered originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media