WHAT IS ENTERTAINMENT LAW – SOME OF WHAT IT ENTAILS (In the Entertainment industry.)

Entertainment Law / Photo Credit: Hello Dartmouth

WHAT IS ENTERTAINMENT LAW – SOME OF WHAT IT ENTAILS (In the Entertainment industry.)

Bruce Bisbey…please follow me at: https://dumbdogproductionsllc.blogspot.com or https://www.facebook.com/DumbDogProductionsLLC/ thank you.

What is Entertainment Law – Some of what it entails?

Entertainment law, also referred to as media law is legal services provided to the entertainment industry. These services in entertainment law overlap with intellectual property law. Intellectual property has many moving parts that include trademarks, copyright, and the "Right of Publicity". However, the practice of entertainment law often involves questions of employment law, contract law, torts, labor law, bankruptcy law, immigration, securities law, security interests, agency, right of privacy, defamation, advertising, criminal law, tax law, International law (especially Private international law), and insurance law.

Much of the work of an entertainment law practice is transaction based, i.e., drafting contracts, negotiation and mediation. Some situations may lead to litigation or arbitration.

Overview

Entertainment law covers an area of law which involves media of all different types (TV, film, music, publishing, advertising, Internet & news media, etc.), and stretches over various legal fields, which include corporate, finance, intellectual property, publicity and privacy, and, in the United States, the First Amendment to the United States Constitution.

For film, entertainment attorneys work with the actor's agent to finalize the actor's contracts for upcoming projects. After an agent lines up work for a star, the entertainment attorney negotiates with the agent and buyer of the actor's talent for compensation and profit participation. Entertainment attorneys are under strict confidentiality agreements, so the specifics of their job are kept top secret. But, some entertainment attorney's job descriptions have become comparable to those of a star's agent, manager or publicist. Most entertainment attorneys have many other roles as well such as assisting in building a client's career.

History

As the popularity of media became widespread, the field of media law became more popular and needed leaving certain corporate professionals wanting to participate more in media. As a result, many young lawyers fledged into media law which allowed them the opportunity to increase connections in media, and the opportunity to become a media presenter or an acting role if such an opportunity arose. As technology continues to make huge advancements, many lawsuits have begun to arise which makes the demand for lawyers extremely necessary.

Categories

Entertainment law is generally sub-divided into the following areas related to the types of activities that have their own specific trade unions, production techniques, rules, customs, case law, and negotiation strategies: 

• FILM: covering option agreements, chain of title issues, talent agreements (screenwriters, film directors, actors, composers, production designers), production and post production and trade union issues, distribution issues, motion picture industry negotiations distribution, and general intellectual property issues especially relating to copyright and, to a lesser extent, trademarks…
• In an 8-0 choice, the Supreme Court held that in light of the fact that the FCC rules at the time did not cover "short lived exclamations," the fines issued against Fox were unethical and subsequently discredited as "illegally unclear"…
• MULTIMEDIA, including software licensing issues, video game development and production, Information technology law, and general intellectual property issues…
• MUSIC: including talent agreements (musicians, composers), producer agreements, and synchronization rights, music industry negotiation and general intellectual property issues, especially relating to copyright (see music law)…
• COPYRIGHT: In Golan v. Holder, the Supreme Court ruled, in a 6-2 vote, the judges dismissed contentions in light of the First Amendment and the Constitution's copyright provision, stating that the general population was not "a class of sacred centrality" and that copyright insurances may be extended regardless of whether they did not strive for new attempts to be made…
• INTERNET: In 2007, Viacom, a media aggregate that possesses MTV and Comedy Central TV, sued YouTube for $1 billion in light of copyright infringement claims for unapproved posting of Viacom copyrighted material. In May 2008, YouTube began utilizing its advanced fingerprinting innovation to secure copyright-ensured content…
• Internet applications include, but are not limited to Instagram, Facebook, Twitter, YouTube, Myspace, Snapchat, etc. …
• PUBLISHING and print media issues, including advertising, models, author agreements and general intellectual property issues, especially relating to copyright…
• TELEVISION and RADIO including broadcast licensing and regulatory issues, mechanical licenses, and general intellectual property issues, especially relating to copyright;
• THEATRE: including rental agreements and co-production agreements, and other performance oriented legal issues…
• VISUAL ARTS AND DESIGN including fine arts, issues of consignment of artworks to art dealers, moral rights of sculptors regarding works in public places; and industrial design, issues related to the protection of graphic design elements in products…
• Defamation (libel and slander), personality rights and privacy rights issues also arise in entertainment law… 

Entertainment lawyers represent people, vendors and production companies in the entertainment industry (authors, musicians, actors, producers, etc.) in lawsuits and can advise them about contracts they’re entering into.

How Do I Know If I Need an Entertainment Lawyer?

If you’re involved in the entertainment industry you may want to hire an entertainment lawyer if: 

• You’re entering into or negotiating terms of a contract…
• Creating contracts on every level (personal, vendor, production companies, financiers’ etc.)…
• Local, State, Provincial, National, International business and governmental agencies’…
• Dealing with locations and film commissions if there is a problem…
• Someone else has violated a contract…
• Someone stole your intellectual property…
• You’re figuring out publication or distribution rights…
• You’re being sued for any of the above… 

If you’re at all confused about your rights or obligations, an entertainment lawyer will be able to advise you and point you in the right direction.

How Much Does an Entertainment Lawyer Cost?

Regardless of his or her rates, you should always do the following before your attorney start providing services:

1. Get A Cost Estimate – If he/she is preparing a standard contract document for you, the attorney should be able to give you an estimated time of completion. Lawyers prepare documents all the time. So, your attorney should be able to tell you how many hours (and at what cost) it will take to prepare the document. On the flip side, if you have retained a lawyer for court proceedings or negotiation meetings, then it may a bit more difficult for the attorney to estimate a time frame.

2. Ask for Cost Updates – Lawyers should be willing to give you, in writing, how much you’ve incurred in costs. If you want, you can request that the attorney notify you when you’ve reached $1,000 or every $1000 incurred.

3. Be Prepared to Pay a Retainer – Many attorney’s require a deposit to be paid before they start working on your behalf. This deposit will be placed in a trust account. At the end of each month, the attorney will pay himself or herself for work done that month.  Ask your attorney if a retainer is needed, not all requires one. In addition, you will have to sign a retainer agreement. Please make sure you read it carefully before signing. A good practice is to take it home so you can think on it overnight. If the attorney has a problem with you taking it home to think on it, then that’s probably NOT the attorney you want to hire. No attorney should pressure you to sign anything.

Entertainment lawyers use different methods of billing for different services. Many attorneys charge an hourly rate for court representation, advisement, and document creation and review. Some also use flat rates as well. Contingency rates are also used, either when your lawyer thinks you have a strong case and you’re asking for compensation, or for long term representation. For long term representation a lawyer will generally charge a percentage of your earnings, though only if you have a steady income. The rate you pay will vary depending on the complexity of your needs and where you live. Be sure to talk about the billing structure your attorney uses before entering into any agreements.

What Should I Expect from Working with an Entertainment Lawyer?

Any documents that your lawyer drafts should create a legally binding agreement, with terms that your lawyer ensures you understand.

If you’re suing another person and win your case, you can expect to win either compensation or the sole rights to your work. If you’re being sued, an entertainment lawyer will do their best to prove your innocence or reduce any charges against you. There are no guarantees in a lawsuit, but having a lawyer who knows the ins and outs of the law and court procedure will give you your best chance.

Every situation is unique and legal costs can seem daunting, especially as budgets keep getting tighter.

Author: Gano Lemoine (Lemoine Law Firm)

Beyond a free, brief consultation, which is frequently offered, basic legal advice by a knowledgeable entertainment attorney can be had for a few hundred dollars, a small amount when compared to the countless hours, effort and talent of creative professionals. And while indie filmmakers and upcoming creative types frequently don’t have “a few hundred dollars” laying around, attorneys may accept credit cards or installment payments.

But most importantly, neglecting to get basic legal help could, and often does, cost far, far more in the long run. Without the proper contracts, releases, permissions, etc., it may be that the hard work of the creative genius simply cannot be monetized – can’t be optioned, can’t be sold, can’t be distributed. An especially tragic end considering many artists hope for some monetary gain from their present work, to finance their larger dreams and future work. So no remuneration from the present work means no financial foundation for the future work.

But specifically, what does it cost to engage an entertainment attorney? It varies significantly by location, experience, and the work to be done, but three or four arrangements are common – but like everything else, may be negotiable.

Option 1: The Consult – Attorney’s usually will offer a brief, free consult, to get information from you to determine your legal problem or needs, and to confirm that they can help. During this free consult, some general observations may be made, but specific opinions and guidance will rarely be offered.

As Abe Lincoln said, “a lawyer’s time and advice are his (or her) stock and trade.” So few lawyers are likely to give away knowledge and advice for which other clients pay actual cash. And that position is further justified when you remember that sometimes lawyers are sued when the advice they gave was free! (Note the disclaimer on this blog). That probably wouldn’t be a “winning” lawsuit, but it’s certainly an unwanted distraction. So lawyers, always loath to open themselves up to liability, are especially leery of doing so for absolutely no compensation.

So after the brief “free” consult, paying for the lawyers’ time will likely come up. Some entertainment attorneys will give you an hour of their time – a la carte – for a fee, often between about $350 per hour to $600 or more per hour (the closer to L.A., New York, or other major cities, generally the higher the hourly fee). However, sometimes lawyers will require a “retainer” representing at least several hours’ worth of his/her time – for example, a retainer of $1000 or more, against which the lawyer will bill time as it is used for your needs. Often the retainer can be paid by credit card. And if you don’t use the time represented by the retainer, it may, or may not, be refundable. As the relationship moves from simply discussing your needs to drafting contracts, negotiations, etc., the lawyer will “bill” his time against the retainer amount held. If and when the retainer amount is exhausted, you will likely be asked to refill the cup with another retainer.

Option 2: The Fixed Fee – some legal work is relatively straightforward, and therefore the time and effort involved more easily knowable. For these types of things, for example a single contract or formation of an LLC or corporation, an entertainment attorney may charge a fixed fee. The fee will again vary depending on the location and complexity of the project. A simple work-for-hire screenwriting agreement – less. A complex document for distribution of a film – more. The lawyer will likely request a retainer in the amount of the fixed fee before beginning work.

Option 3: The Percentage – Particularly in situations where creative types have enough work to support a percentage agreement, entertainment attorneys will often sign on as “your lawyer” for a percentage of earnings. In exchange for that percentage, the attorney is committing to whatever legal work you may need related to your profession, whether writing, producing, acting, directing, music, etc. Legal work outside the orbit of your profession – getting you out of jail, for example – would likely fall outside the percentage agreement. While this option affords legal services for creative professionals that may not have the cash to pay for the services they need, few lawyers will sign on for this type of deal without the creative having a steady income – or at least the likelihood of a steady income in the future. In that case, the lawyer, like the talent agent or career manager, is banking on the present or future success of the creative pro.

Option 4: Production Counsel – Very often a funded film will engage a lawyer as “Production Counsel,” to handle all legal needs of the film, through pre-production, post-production and distribution. For a flat fee, often tied to a percentage of the film’s budget, the lawyer may draft all necessary contracts and agreements, handle or participate in negotiations of various aspects of the production, and also serve as general adviser on legal and business issues.

Again, these are the general scenarios. As with most things, the details may be negotiable.

But even a few hours of knowledgeable advice and a core of carefully drawn contracts can save the creative professional countless dollars, often allowing the artist to step up and into the next, larger project.

http://lemoinefirm.com/how-much-does-an-entertainment-lawyer-cost/

Sources, References & Credits: Bruce Bisbey, Google, Wikipedia, Wikihow, WikiBooks, Pinterest, IMDB, Linked In, Indie Wire, Film Making Stuff, Hiive, Film Daily, New York Film Academy, The Balance, Careers Hub, The Numbers, Film Maker, TV Guide Magazine, Blurb, Media Match, Future Learn, Quora, Creative Skill Set, Chron, Investopedia, Variety, No Film School, How Stuff Works, WGA, BBC, Daily Variety, The Film Agency, Best Sample Resume, How Stuff Works, Bright Hub, Career Trend, Producer's Code of Credits, Truity, Production Hub, Producers Guild of America, Film Connection, Variety, Wolf Crow, Get In Media, Production Beast, Sony Pictures, Warner Bros, UCAS, Frankenbite, Realty 101, Liberty Me, Careers Hub, Sokanu, Raindance, Film Connection, Cast & Crew, Entertainment Partners, My Job Search, Prospects, David Mullich, Gear Shift, Video University, Oxford Dictionaries’, Boredom Therapy, The Bold Italic, Meets the Eye Studio, The Guardian, Elliot Grove, Jones on art, Creative Plant, Studio Binder, Film Tool Kit, Still Motion, Film Under Ground, Steves Digicams, Improve Photography, Guy Nockels, Namib Films, Film Support, Screen Craft, Movie Outline, Stack Exchange, Ken Davenport – The Producers Perspective, Rocket Lawyer, Stacks Magazine, Lemoine Law Firm, Gano Lemoine,

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Entertainment Law / Photo Credit: Hello Dartmouth