Entertainment law
Encyclopedia
Entertainment law or media
law is a term for a mix of more traditional categories of law with a focus on providing legal services to the entertainment industry. The principal areas of Entertainment Law overlap substantially with the well-known and conventional field of intellectual property law. But generally speaking the practice
of entertainment law often involves questions of employment law, contract law, torts, labor law, bankruptcy law, immigration
, securities law, security interest
s, agency
, intellectual property
(especially trademark
s, copyright
, and the so-called "Right of Publicity"), right of privacy, defamation, clearance of rights, product placement
, 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 contract
s, negotiation
and mediation
. Some situations may lead to litigation or arbitration
.
, publicity
and privacy
, and first amendment.
became widespread, the field of media law became more popular, as certain corporate professionals have wanted to participate 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.
, case law
, and negotiation strategies:
Defamation (libel and slander), personality rights
and privacy rights issues also arise in entertainment law.
Media law is a legal field that refers to the following:
Mass media
Mass media refers collectively to all media technologies which are intended to reach a large audience via mass communication. Broadcast media transmit their information electronically and comprise of television, film and radio, movies, CDs, DVDs and some other gadgets like cameras or video consoles...
law is a term for a mix of more traditional categories of law with a focus on providing legal services to the entertainment industry. The principal areas of Entertainment Law overlap substantially with the well-known and conventional field of intellectual property law. But generally speaking the practice
Practice of law
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister,...
of entertainment law often involves questions of employment law, contract law, torts, labor law, bankruptcy law, immigration
Immigration
Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...
, securities law, security interest
Security interest
A security interest is a property interest created by agreement or by operation of law over assets to secure the performance of an obligation, usually the payment of a debt. It gives the beneficiary of the security interest certain preferential rights in the disposition of secured assets...
s, agency
Agency (law)
The law of agency is an area of commercial law dealing with a contractual or quasi-contractual, or non-contractual set of relationships when a person, called the agent, is authorized to act on behalf of another to create a legal relationship with a third party...
, intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
(especially trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
s, copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
, and the so-called "Right of Publicity"), right of privacy, defamation, clearance of rights, product placement
Product placement
Product placement, or embedded marketing, is a form of advertisement, where branded goods or services are placed in a context usually devoid of ads, such as movies, music videos, the story line of television shows, or news programs. The product placement is often not disclosed at the time that the...
, advertising, criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, tax law
Tax law
Tax law is the codified system of laws that describes government levies on economic transactions, commonly called taxes.-Major issues:Primary taxation issues facing the governments world over include;* taxes on income and wealth...
, International law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
(especially Private international law), and insurance
Insurance
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...
law. Much of the work of an entertainment law practice is transaction based, i.e. drafting contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
s, negotiation
Negotiation
Negotiation is a dialogue between two or more people or parties, intended to reach an understanding, resolve point of difference, or gain advantage in outcome of dialogue, to produce an agreement upon courses of action, to bargain for individual or collective advantage, to craft outcomes to satisfy...
and mediation
Mediation
Mediation, as used in law, is a form of alternative dispute resolution , a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement...
. Some situations may lead to litigation or arbitration
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
.
Overview
Entertainment law covers an area of law which involves media of all types (TV, film, music, publishing, advertising, internet & new media, etc.), and stretches over various legal fields, including but not limited to corporate, finance, intellectual propertyIntellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
, publicity
Publicity
Publicity is the deliberate attempt to manage the public's perception of a subject. The subjects of publicity include people , goods and services, organizations of all kinds, and works of art or entertainment.From a marketing perspective, publicity is one component of promotion which is one...
and privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
, and first amendment.
History
As the popularity of mediaMass media
Mass media refers collectively to all media technologies which are intended to reach a large audience via mass communication. Broadcast media transmit their information electronically and comprise of television, film and radio, movies, CDs, DVDs and some other gadgets like cameras or video consoles...
became widespread, the field of media law became more popular, as certain corporate professionals have wanted to participate 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
Acting
Acting is the work of an actor or actress, which is a person in theatre, television, film, or any other storytelling medium who tells the story by portraying a character and, usually, speaking or singing the written text or play....
role if such an opportunity arose.
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, customsCustom (law)
Custom in law is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law." Customary law exists where:...
, case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
, and negotiation strategies:
- FILMFilmA film, also called a movie or motion picture, is a series of still or moving images. It is produced by recording photographic images with cameras, or by creating images using animation techniques or visual effects...
: covering option agreementOption (films)In the film industry, an option is a contractual agreement between a potential film producer, such as a movie studio, a production company or an individual, and a writer or third party who holds ownership of a screenplay...
s, financeFinance"Finance" is often defined simply as the management of money or “funds” management Modern finance, however, is a family of business activity that includes the origination, marketing, and management of cash and money surrogates through a variety of capital accounts, instruments, and markets created...
, chain of titleChain of titleA chain of title is the sequence of historical transfers of title to a property. The "chain" runs from the present owner back to the original owner of the property. In situations where documentation of ownership is important, it is often necessary to reconstruct the chain of title...
issues, talent agreements (screenwriterScreenwriterScreenwriters or scriptwriters or scenario writers are people who write/create the short or feature-length screenplays from which mass media such as films, television programs, Comics or video games are based.-Profession:...
s, film directorFilm directorA film director is a person who directs the actors and film crew in filmmaking. They control a film's artistic and dramatic nathan roach, while guiding the technical crew and actors.-Responsibilities:...
s, actorActorAn actor is a person who acts in a dramatic production and who works in film, television, theatre, or radio in that capacity...
s, composerComposerA composer is a person who creates music, either by musical notation or oral tradition, for interpretation and performance, or through direct manipulation of sonic material through electronic media...
s, production designerDesignerA designer is a person who designs. More formally, a designer is an agent that "specifies the structural properties of a design object". In practice, anyone who creates tangible or intangible objects, such as consumer products, processes, laws, games and graphics, is referred to as a...
s), production and post productionFilm editingFilm editing is part of the creative post-production process of filmmaking. It involves the selection and combining of shots into sequences, and ultimately creating a finished motion picture. It is an art of storytelling...
and trade union issues, distribution issues, motion pictureFilmA film, also called a movie or motion picture, is a series of still or moving images. It is produced by recording photographic images with cameras, or by creating images using animation techniques or visual effects...
industry negotiations distributionMovie marketingFilm promotion is the practice of promotion specifically in the film industry. As with all business it is an important part of any release because of the inherent high financial risk; film studios will invest in expensive marketing campaigns to maximize revenue early in the release cycle. Marketing...
, and general intellectual propertyIntellectual propertyIntellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
issues especially relating to copyrightCopyrightCopyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
and, to a lesser extent, trademarkTrademarkA trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
s;
- MULTIMEDIAMultimediaMultimedia is media and content that uses a combination of different content forms. The term can be used as a noun or as an adjective describing a medium as having multiple content forms. The term is used in contrast to media which use only rudimentary computer display such as text-only, or...
, including software licensing issues, video game development and production, Information technology law, and general intellectual property issues;
- MUSICMusicMusic is an art form whose medium is sound and silence. Its common elements are pitch , rhythm , dynamics, and the sonic qualities of timbre and texture...
: including talent agreements (musicianMusicianA musician is an artist who plays a musical instrument. It may or may not be the person's profession. Musicians can be classified by their roles in performing music and writing music.Also....* A person who makes music a profession....
s, composers), producerRecord producerA record producer is an individual working within the music industry, whose job is to oversee and manage the recording of an artist's music...
agreements, and synchronization rightsSynchronization rightsSynchronization in a recording contract is when the recording artist's music is synchronized to a video: music video, movie, television, commercial, etc. The record company can receive all the money from that if the contract states the company gets all synchronization rights...
, music industry negotiation and general intellectual property issues, especially relating to copyright (see music lawMusic lawMusic law is used to describe the legal aspects of the music industry and certain legal aspects in other sectors of the entertainment industry. The music industry includes record labels, music publishers, merchandisers, the live events sector and of course performers and artists...
);
- PUBLISHINGPublishingPublishing is the process of production and dissemination of literature or information—the activity of making information available to the general public...
and print media issues, including advertisingAdvertisingAdvertising is a form of communication used to persuade an audience to take some action with respect to products, ideas, or services. Most commonly, the desired result is to drive consumer behavior with respect to a commercial offering, although political and ideological advertising is also common...
, modelModel (person)A model , sometimes called a mannequin, is a person who is employed to display, advertise and promote commercial products or to serve as a subject of works of art....
s, authorAuthorAn author is broadly defined as "the person who originates or gives existence to anything" and that authorship determines responsibility for what is created. Narrowly defined, an author is the originator of any written work.-Legal significance:...
agreements and general intellectual property issues, especially relating to copyright;
- TELEVISIONTelevisionTelevision is a telecommunication medium for transmitting and receiving moving images that can be monochrome or colored, with accompanying sound...
and RADIORadioRadio is the transmission of signals through free space by modulation of electromagnetic waves with frequencies below those of visible light. Electromagnetic radiation travels by means of oscillating electromagnetic fields that pass through the air and the vacuum of space...
including broadcast licensing and regulatory issues, mechanical licenseMechanical licenseA mechanical license is a license that grants certain limited permissions to work with, study, improve upon, reinterpret, re-record something that is neither a free/open source item nor in the public domain....
s, and general intellectual property issues, especially relating to copyright;
- THEATRETheatreTheatre is a collaborative form of fine art that uses live performers to present the experience of a real or imagined event before a live audience in a specific place. The performers may communicate this experience to the audience through combinations of gesture, speech, song, music or dance...
: including rentRentingRenting is an agreement where a payment is made for the temporary use of a good, service or property owned by another. A gross lease is when the tenant pays a flat rental amount and the landlord pays for all property charges regularly incurred by the ownership from landowners...
al agreements and co-production agreements, and other performancePerformanceA performance, in performing arts, generally comprises an event in which a performer or group of performers behave in a particular way for another group of people, the audience. Choral music and ballet are examples. Usually the performers participate in rehearsals beforehand. Afterwards audience...
oriented legal issues;
- VISUAL ARTS AND DESIGN including fine artFine artFine art or the fine arts encompass art forms developed primarily for aesthetics and/or concept rather than practical application. Art is often a synonym for fine art, as employed in the term "art gallery"....
s, issues of consignmentConsignmentConsignment the act of consigning, which is placing any material in the hand of another, but retaining ownership until the goods are sold or person is transferred. This may be done for shipping, transfer of prisoners, to auction, or for sale in a store Consignment the act of consigning, which is...
of artworks to art dealers, moral rights of sculptors regarding works in public places; and industrial designIndustrial designIndustrial design is the use of a combination of applied art and applied science to improve the aesthetics, ergonomics, and usability of a product, but it may also be used to improve the product's marketability and production...
, issues related to the protection of graphic design elements in products.
Defamation (libel and slander), personality rights
Personality rights
"Personality rights" is a common or casual reference to the proper term of art "Right of Publicity". The Right of Publicity can be defined simply as the right of an individual to control the commercial use of his or her name, image, likeness or other unequivocal aspects of one's identity...
and privacy rights issues also arise in entertainment law.
Media law is a legal field that refers to the following:
- AdvertisingAdvertisingAdvertising is a form of communication used to persuade an audience to take some action with respect to products, ideas, or services. Most commonly, the desired result is to drive consumer behavior with respect to a commercial offering, although political and ideological advertising is also common...
- BroadcastingBroadcastingBroadcasting is the distribution of audio and video content to a dispersed audience via any audio visual medium. Receiving parties may include the general public or a relatively large subset of thereof...
- CensorshipCensorshipthumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...
- ConfidentialityConfidentialityConfidentiality is an ethical principle associated with several professions . In ethics, and in law and alternative forms of legal resolution such as mediation, some types of communication between a person and one of these professionals are "privileged" and may not be discussed or divulged to...
- ContemptContemptContempt is an intensely negative emotion regarding a person or group of people as inferior, base, or worthless—it is similar to scorn. It is also used when people are being sarcastic. Contempt is also defined as the state of being despised or dishonored; disgrace, and an open disrespect or willful...
- CopyrightCopyrightCopyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
- Firm lawCorporate lawCorporate law is the study of how shareholders, directors, employees, creditors, and other stakeholders such as consumers, the community and the environment interact with one another. Corporate law is a part of a broader companies law...
- Defamation
- Entertainment law
- Freedom of informationFreedom of informationFreedom of information refers to the protection of the right to freedom of expression with regards to the Internet and information technology . Freedom of information may also concern censorship in an information technology context, i.e...
- Internet & on-line servicesInternetThe Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
- Information TechnologyInformation technologyInformation technology is the acquisition, processing, storage and dissemination of vocal, pictorial, textual and numerical information by a microelectronics-based combination of computing and telecommunications...
- PrivacyPrivacyPrivacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
- Telecommunications
Types of Entertainment Law Firms
There are different types of entertainment law firms, and different types of entertainment practices within law firms. Not all entertainment lawyers do the same thing for their clients, so as a client, you must identify what you need help with, and from which kind of lawyer to seek assistance. Generally, there are two different types of entertainment lawyer, just as there are in other areas of law - litigation attorneys and transactional attorneys. Litigation attorneys specialize in offensive and defensive legal actions involving other parties (i.e. responding to a lawsuit from another person, issuing preliminary demands or commencing a legal action when you believe someone is violating your legal or contractual rights, responding to governmental inquiries or when accused of violations of the law, etc.). Transactional attorneys specialize in facilitating business deals, negotiation tactics, strategic business initiatives, and other contractual matters involved in business (i.e. production deals, talent deals, financing deals, etc.), even when no other party than the client is involved (i.e. business formation, trademarks, copyrights, etc.). Individual lawyers tend to focus on one type of entertainment matter, but entertainment law firms often have a diversified practice group. While larger law firms can provide breadth of coverage, they tend to also require higher payments from clients, have less individual interaction with their clients, and follow a more formal attorney-client relationship pattern. Boutique firms and solo practitioner lawyers tend to focus more acutely on one area of entertainment, but they also charge lower fees, have less access to and knowledge base of the wide areas of the entertainment business, and tend to interact more one-on-one with their clients.Related Pages
- Intellectual propertyIntellectual propertyIntellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
- Media justice
- Music lawMusic lawMusic law is used to describe the legal aspects of the music industry and certain legal aspects in other sectors of the entertainment industry. The music industry includes record labels, music publishers, merchandisers, the live events sector and of course performers and artists...
- Engineering lawEngineering lawEngineering law is the empirical study of the application of laws and legal strategy in engineering. Applied law aims to explain how law interacts with industry. The current school of thought within the academic community of lawyers and engineers is the pragmatic paradigm...
- Sports lawSports lawSports law is an umbrella term used to describe the legal issues at work in the world of both amateur and professional sports. Sports law overlaps substantially with labor law, contract law, competition or antitrust law, and tort law. Issues like defamation and privacy rights are also an integral...
- Sunshine in the Courtroom ActSunshine in the Courtroom ActThe Sunshine in the Courtroom Act is a bill to allow the broadcasting of U.S. District Court and U.S. Court of Appeals proceedings. It was introduced in 2005, 2007, 2008, and 2009. The 2009 bill has been approved by the Senate Judiciary Committee and is awaiting consideration by the full U.S....