Podcasts: An Education on the law of the Industry

Extracted from Indybay.org

Understanding the legal implications in the entertainment industry are just as important as being part of it. As artists and content creators we should all be aware of how we can protect ourselves from getting into a lawsuit.  Marty  Schwimmer talks on a podcast about trademarks on the Internet and this is an extremely important matter. As a filmmaker, the Internet is a mainstream to the rest of the world and therefore your name should become your brand. An online presence is just as important as being part of the industry. In the late nineties, the Internet industry began to grow and the search engine litigation industry was born. The industry has been evolving and nowadays we are subject to a vast amount of information and so other people have access to our information. This is where trademarks come in hand. But how does a trademark affect the independent filmmaker? All brands out there own the trademark to their products and we have to make sure that we are not infringing on other people’s trademark. For example, something that some entertainers like to do is the mocking of a brand. These are very delicate waters and although it is possible to pursue fair use in case one of these companies files a complaint, we must by no means taint the image of any brand or company. We are creative people and as such, it should not be difficult to make up a brand to use instead of using an existing and registered one.

On another hand Brett Lewis talks on a podcast about domain names. We can always go online and buy any domain name, but be careful on what domain name you register under your name. We all know what brands are so important that they are obviously trademarks, but make sure to do your research before registering a domain. Why? Because if you register a domain name that is already a trademark, you may find yourself in a deep lawsuit for taking somebody else’s domain.

Podcasts are a great way of learning about all of this information. There is a podcast called “When media doesn’t wear a tie” where the importance of copyright is discussed. In this podcast, it is explained that users of platforms such as the Leopard Lilies platform have to copyright their own work in order to assure that even though the content is being displayed, it will never get stolen.

We all need to protect our content and learning about how to do so can save us all a headache and a lawsuit.

Here is a link to more podcasts about Trademark and Copyright laws. 

The Hollywood Temp Diaries: Resume Template - Follow at your own risk

A little something I stumbled on one of my favorite websites www.tempdiaries.com ! Enjoy!


The Hollywood Temp Diaries: Resume Template - Follow at your own risk: Not a good resume I frequently get emails from people asking me to read and critique their resumes. As much as I'd love to help with th...

The Law Knows no Fame

When it comes to Hollywood, it is important to recognize that although it looks like it is everybody’s business, when it comes to the law, each to his own.  The amount of lawsuits that occur in Hollywood is not even a third of what they show on television and it is important for us, the filmmakers, to understand that our craft requires detailed prevention in order to protect not only our companies but also our assets and ourselves. A lawsuit in Hollywood can go in any direction and disputes can occur between individuals, institutions and the state.

In 2012 alone there have been several lawsuits including the Dick Clark Productions (DCP) vs. the Hollywood Foreign Press Association (HFPA), Hollywood Studios vs. Limewire, and Kevin Messick vs. Film Co. cases. These cases are just examples of the different types of lawsuits that you, as a future filmmaker, could get involved into.

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The Dick Clark case is, according to The Hollywood Reporter, a “ trial between the Hollywood Foreign Press Association and Dick Clark Productions over who controls broadcast rights to the Golden Globe Awards.” In this trial the HFPA’s allegations are that Dick Clark went ahead and renewed a broadcasting contract with NBC without the HFPA’s authorization. Although this case has not yet come to an end, the outcome is not easy to predict since, in 2004, Dick Clark had a stroke that has left him ill for the past years and has not yet testified in person. Opposing counsels have asked judge Howard Matz to take into account previous depositions and statements made by Clark dated as far as 1993, which would act against the producer if considered in the ruling. The truth of the matter is that in this case, there was a legal document missing that could have saved both parties all the trouble. If HFPA and DCP had signed a contract specifying that the Golden Globe Awards matters were to be handled by both parties, then there would be documentation of such agreement. Now, Dick Clark states that he does not remember previous statements made by him, and he is most likely to show up in court and testify in person.  So what is the lesson here? Document every agreement made just to save your time and money.

Another great example of how things can turn around for a company is the Hollywood Studios vs. Limewire case. Limewire, a company that no longer exists, had to settle copyright allegations agreeing to pay $105 million dollars to record labels. But this was not the end of the fight, not only are indie labels requesting the same amount of money, but now Hollywood Studios including Viacom, Disney and Universal amongst others, are prosecuting Limewire for illegal distribution of movies and TV shows. Although there has been no price tag on this infringement, it is argued that all the file sharing could have led to millions if not billions worth of losses. Copyrighted material is extremely sensitive in the film industry and although people protest against “cyber-laws”, the fact is that all these laws protect us as filmmakers. One day, it could be your movie out there, where people are streaming and downloading for free, and you never saw a dime from those “sales”.  This does not mean Leopard Lilies agrees with SOPA and PIPA, but there definitely needs to be some kind of regulations to protect us, the creators, from having our content stolen.

Kevin Winter/Getty Images

Last, but definitely not least, is an example of how co-workers can turn their backs on each other. On the Kevin Messick vs. Film Co. case, Kevin Messick is pursuing producer credit and compensation for the latest Tom Cruise film, One Shot. According to The Hollywood Reporter,

The complaint says Messick, Granger and Levinsohn agreed in 2005 to jointly develop One Shot into a feature. Later that year, Paramount came on board, after which Messick says he spent five years developing the project with Granger, Levinsohn and their company. Then, "beginning in July 2010, Granger and Levinsohn began excluding Messick from meetings with the screenwriter and the studio and withheld certain drafts of the screenplay for the picture," the complaint alleges.”

Now, Messick is not only suing for compensation as a producer, but he also wants to be able to take part in any sequels. There are several E-mails that seem to be genuine and this lawsuit is most likely going to favor Messick. It is extremely important not to only create and sign contracts, but to follow them as well. A breach of contract like this one cannot only damage your company’s economy, but most importantly, its reputation.

So you have read about some cases that you may or may have not heard about before, and this is only a reminder that the law does not forgive Hollywood, as most people tend to believe. There are people who make a living out of lawsuits and we need to protect ourselves from encountering any of these situations. As filmmakers, it is our job, if not to know about the law, to hire somebody who does. This will save you lots of money and time in the future.