BEHIND THE CAMERA
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 that involves media of all different types (e.g. 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 the First Amendment to the United States Constitution in the United States.
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 for the opportunity to build more connections in media, become a media presenter, or even land an acting role. 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, including 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;
- INTERNET, including Censorship, Copyright, Freedom of information, Information Technology, Privacy, and Telecommunications issues;
- 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);
- 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.
Media law is a legal field that refers to the following:
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