Entertainment Law: Cases in the Industry

Intellectual Property and Copyright cases are common in the Entertainment industry. This blog will review three cases and determine the opinion from a student's perspective.
The first case deals with stealing of intellectual property of a film.

Hollywood Reporter states:

       “ Two years ago, shortly before The Twilight Saga: Breaking Dawn was released, Summit Entertainment made a fuss over an Argentinian hacking group that allegedly broke into its computer servers and obtained copyrighted material. The studio, now a subsidiary of Lionsgate, identified Daiana Santia as the perpetrator of efforts to circulate photos, unfinished images and video of Breaking Dawn.

     The lawsuit was to recover damages for copyright infringement for Summit films. The servers were allegedly hacked by the named perpetrators and images were shared before the films release date. Summit pursued damages as is their right under copyright protection in the United States.  Unfortunately, the courts did not agree with Summit's claims and the case was denied.” (Hollywood Reporter) 

Opinion: Even if Summit took two years to bring charges against the perpetrators, there is still a case. This piracy, whether in the United States or elsewhere should be adjudicated. Letting people hack into servers first of all and letting them get away with piracy is unthinkable. This is the crux of the piracy issue. What protection do film companies have if anyone can access their work illegally and distribute it without retribution. I think the case should have been in favor of Summit Entertainment.
The second case is from Hollywood Reporter:

“Will a new "Dungeons and Dragons" film be made by Warner Bros. or will it be made by Universal Pictures? A legal game is afoot to settle the answer.

Courtney Solomon's Sweetpea Entertainment believes that it can set up a movie for Warner Bros. In 1994, Solomon's company acquired D&D film rights in a deal with Hasbro and has since made one theatrical motion picture and two TV films. It was eyeing a fourth D&D film for Warner Bros., but before a deal was completed, Hasbro filed a lawsuit to stop it.

In its May lawsuit, Hasbro claimed that Sweetpea's rights had reverted. Believing that it had regained rights, Hasbro licensed Universal Pictures to make a "Dungeons and Dragons" reboot, and upon word of another D&D film in development, the toy company alleged that Sweetpea had committed copyright infringement. “ (Hollywood Reporter) 

Opinion: This case signifies the importance of knowing who has the copyright before going ahead with production in a film company. Somehow these two entities were working as if each of them owned the copyright. The article claims that the contract is ambiguous and not clear. Therefore, it would be pertinent to have clear language in any contract where copyright is assigned. 

The third and last case from Hollywood Reporter’s website:

“A Colorado judge has put another stamp on the cursed history of Stan Lee Media.

The company founded by Stan Lee in the mid-90s has been waging war in courts around the country ever since it emerged from bankruptcy a decade ago without valuable franchises like Fantastic Four, X-Men and Spider-Man.

SLM has attempted to hold various parties responsible for that fate, including Lee, including Marvel, and last but not least, Disney.

Last October, SLM filed a billion dollar lawsuit that alleged that Disney had committed copyright infringement on Lee's famous comic characters, "based upon Disney's independently actionable conduct which occurred after April 2009."

As we pointed out when the lawsuit was filed, the plaintiff figured to have a mountain ahead of them in getting beyond all the prior decisions in New York, California and Colorado courts that had gone against them.

Even though, SLM argued that this case was different than what came before, U.S. District Judge William Martinez disagrees.” (Hollywood Reporter)

Opinion: This case revolves around a copyright that was established in1998. Apparently it was not a strong case as Stan Lee Media has not been able to win even one of the court hearings regarding its allegations of copyright infringement. SLM has gone before courts for 10 years seeking copyright infringement on an agreement it had with Stan Lee back in 1998. The courts did not recognize this as a legitimate claim to the copyright, therefore did not agree with the case. 

When doing business in film, it is imperative to have clear agreements and contracts to make sure all creators’ rights are protected. This type of lawsuit could be avoided by having good contracts made up before work is produced and aired.

References

Breaking Legal News & Entertainment Law Blog - THR, ESQ.. (n.d.). The Latest Entertainment & Hollywood News - The Hollywood Reporter. Retrieved September 12, 2013, from http://www.hollywoodreporter.com/blogs/thr-esq

Meeting an Executive Producer

This summer brought me much joy when I was able to attend Denver's Comic Con. Amid the fun costumes and colorful characters everywhere, there was also a more serious side to the Con. The seminars. Thankfully, the seminars were not crowded and allowed the audience to interact with the speaker. Also, being smaller in size than San Diego's convention, it also allowed being able to meet the speaker after the lecture.

I attended a lecture given by Steven L. Sears, executive producer for Sheena and writer/producer for Xena: Warrior Princess. It was very informative and fun listening to Mr. Sears relate his experiences in Hollywood to us.
One of the things that stands out most was his advice to move to L.A. He stated that living there is the only way to rub elbows with the movie industry and find projects to become involved with.

This is a summary of what he spoke about:

The Executive Producer controls everything, makes all the decisions and it’s extremely complicated. The job is full of a lot of compromise. Sometimes the staff will get an “us/them” complex, so it’s good to come out of the office and visit the set to interact with the people. It’s important for them to know who you are and that you are available to them.
He suggested we write something then produce it, as there is no other way to understand the process. It all starts with the writing.

He says the Executive Producer is the top of the heap and needs to know the whole process. It involves a lot of politics and understanding people. There will be creative and non-creative people to deal with. Knowing how to interact with people is important, but he stressed that honesty is the key. Not to bluff or be unfaithful to your own beliefs.

He told a story about how someone had tested whether he would stand up for his writing. It made him uncomfortable but he didn’t back down. Staying true to his work and creativity, the other person finally gave in and gave him the respect he deserved. He stressed that being true to yourself is very important. He also stated that being able to say “no” is very important and to mean it. Not to back down if you believe something and have to say no.

The last thing he said that stuck with me is that Producing is problem solving. Honestly, it sounds like a crazy job with a lot of things to do but it sounds so awesome! Bring it on!

Artist Management Basics

There seems to be a lot to being an Artist Manager. Some of the duties would include but are not limited to: promoting, building a fan base, booking shows, determining career moves, business deals and recording contracts. This is just the tip of the iceberg. Artist Managers do so much more. They make sure things run smoothly when the artist is on the road, on tour. Making sure the backstage rider is in place and the artist is comfortable and happy. They are the ones who make sure everything runs smoothly.

Artist Managers might have an accounting or business background, as they are usually the ones who work the business side of deals for the artist. It is recommended that the prospective Artist Manager consider taking college courses to be up to date on accounting and business practices.

Getting along with the artist is paramount to a good relationship. Some people consider the artist/manager relationship to function as closely as a marriage would. There has to be a basic groundwork of trust and respect to make it work. If either person breaks that trust, it would be very hard to reestablish the function of the working relationship. Both parties should go into a management contract understanding how important this relationship will be.

Before an artist hires a manager, they should work together informally for a time period agreed upon in order to get to know each other well. Without knowing your manager and his/her style, it would be hard to know whether you could trust this person completely. The manager should be willing and able to produce past references and be open about anything the artist would want to know before signing a contract.

Last and not least, the artist should hire legal counsel before signing any contract. He or she should invest in the legal consultation, as this will affect his or her ability to make money in the future. Going into contracts blindly can have very negative effects on the artist’s career, so this is a must.

Artist and Talent Management

Going into Entertainment Business entails all kinds of different aspects of the business. One of the most interesting, yet least known about (by me) is Artist Management. I was considering what I would do if I were to take up a career in Artist Management and thought the first place I would look would be a professional association.

Professional associations can help gain knowledge, experience and networking contacts when starting out in a new field. That is why I am going to introduce you to the Talent Managers Association (TMA). 

TMA has been in business for over 54 years, giving it the essence of “know how”. Having experience and longevity, one would be interested to find out what they offer to members. This organization is founded on the principle of quality.

The very first thing a future TMA member finds out from them is the code of ethics. TMA is proud of their code of ethics and works to ensure that all members agree to and abide by them. Their purpose is to

“promote and encourage the highest standards of professional
ethics and behavior in the practice of talent management”.  A very good thing, I think we all would agree. Having standards of conduct and professionalism, as an industry standard, brings safety, comfort and reliability to the artists who rely on their managers. Seeing as TMA puts this first on their agenda is very encouraging as an organization worthy of joining. 

Joining the TMA is not a rubber stamped approval. Certain criteria must be met, in order to be accepted. References from licensed SAG/AFTRA franchised talent agents are required for membership. Once approved, the membership adds credibility to the new member and/or his/her company. 

TMA offers a full event calendar booked with many directors and gatherings which would be very interesting to current and future talent agents. The networking parties sound particularly fun and exciting. Becoming a member would be a great way to enhance one’s circle of contacts. 

Along with the listed benefits, the TMA also supports the growth of new members. Experienced members are willing to mentor new agents who become members. 

If I were to decide to go into Artist Management, I believe the TMA would be the first organization I would join in order to gain experience, network with experienced agents and to learn more about the industry. 

References

Talent Mangers Association. http://www.talentmanagers.org/

Women In Film

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Women in Film Organization

Another wonderful organization we can join as filmmakers is WIF: Women in Film. Of course you need to be a woman – it is for women who work in film.

This non-profit organization, located out of Los Angeles, California, is geared to help women in the media production business. It offers them so many benefits that it is impossible to find a reason not to join.

WIF’s mission: “Founded in 1973, Women In Film and its Women In Film Foundation provide for members an extensive network of contacts, educational programs, scholarships, film finishing funds and grants, access to employment opportunities, mentorships and numerous practical services in support of this mission”.

What a wonderful thing to find! Support for women in film. I have experienced a little of the seemingly male dominated field and find this organization to be a haven for women. It offers so many positive programs and opportunities to help women gain their feet in the profession of film.

After researching other organizations and associations, I have to say that this one offers a plethora of benefits to its members. There are just so many things: from education, employment, workshops to events: a member would never be stifled or bored in this group.

One of benefits of joining WIF is the networking opportunities. This organization is host to many industry professionals and well-known women in film. Being able to meet others and get your name out there is a huge advantage. As the website states, it may not what you know but who you know, that gets you the next job. I agree. Having good contacts in show business is essential to move forward. Having mentors in the business can help any career get a start or a boost. I am so very glad to see how they offer the networking breakfasts. This would be a good reason to live close to L.A. and join WIF. The Beverly Hills breakfasts sound so interesting and exciting. I encourage you to check out the website for more information at http://wif.org/foundation/.

Overall, I think this is a wonderful place for any woman working in film. WIF offers so many benefits that the membership fee will pay for itself quite quickly and the opportunities are endless. 

References

Women In Film: WIF. 2012. http://wif.org.

Inspiration: Rob Legato on the Art of Creating Awe

Once in a while I see someone in the movie business that inspires me and it sets a fire deep inside: a fire to create awesome movies. Rob Legato is one of those people. His lecture on Ted .com at http://www.ted.com/talks/rob_legato_the_art_of_creating_awe.html  is very interesting and engaging. His knowledge of special effects is evident and very inspiring. I absolutely loved the way he integrates humor and wit to enhance what he is speaking about.

Mr. Legato was the special effects artist on the movies “Apollo 13”, “Titanic” and “Hugo”. In this presentation he goes behind the scenes to show the audience how he’s achieved the effect. It is very interesting and to me inspiring. His experience is seen by how he can create such spectacular effects to recreate actual events or to build a gap with footage already taken beforehand. It takes a very creative person to understand how to create such intricate and exciting effects, which do create awe in the movies. 

I have to admit that I am a bit jealous. I would love to be the person with years of experience and know how to create such wonder. What a special talent and treat to be able to awe audiences with scenes that look like rockets taking off into space or deep sea exploration. I guess it’s the dreamer in me that resonates with the building of fantasy and making it seem like reality. How truly awesome of a skill to be able to create such things! 

You can tell from his presentation that Rob is a smart man with a quick wit. He is very entertaining and personable. I believe it takes both qualities to be able to relate well with other people. If he was branding himself, he would definitely be able to brand his knowledge and skill but also his very outgoing personality. He is a fun person to listen to during the presentation and I would recommend it to anyone, especially to anyone interested in making movies. 

As I’ve done some soul searching, it seems that special effects and animation have a yearning place in my heart. I hope my entertainment journey takes me on a route in one or both of these fields. 

Reference:  http://www.ted.com/talks/rob_legato_the_art_of_creating_awe.html.

Professional Update: Colorado Film & Video Association

In my other blogs I’ve mentioned various associations which a film/video professional could join. Upon searching locally, I found another association that would benefit Coloradoan filmmakers.

As a media professional, joining various associations can increase your networks, bring you more customers, help with marketing and help you keep up with industry standards. Finding the right organization that meets your needs is important; as they can help you gain experience and knowledge in your field.

Being in Colorado, one of the more prominent associations is the Colorado Film and Video Association (CFVA).  “Formed in 1982, CFVA is the oldest and largest media production organization in Colorado” (CFVA, 2011).  

What I like most about this association, other than all of their awesome benefits, is the price of membership. It’s not restrictive and most filmmakers would be able to afford joining. I give them high praise for keeping their fees down, therefore giving start-ups a chance to benefit from their membership.

Speaking of membership benefits, the CFVA publishes your company in the Colorado Production Guide. This marketing and networking tool is a nice way to be seen and found by other professionals. This comes in handy when trying to put together a local crew for a film shoot. 

Other benefits include free admission to all CFVA events, education and training workshops, access to CFVA business services such as health and accounting services, and discounted admissions to co-sponsored CFVA events. 

CFVA also has committees which you can join to make a difference for the film industry in Colorado. One of their past programs which impacted the film industry was the support raised to help pass the House Bill 12-1286, which was written to increase Colorado’s film incentives from 10% to 20%. CFVA created a matching funds program for raising money to help lobby the bill. Success was reached when this bill passed in May of 2012. Colorado’s film industry has been working to bring more productions to Colorado and now they have a new avenue to help increase the productions here. CFVA helped bring this success to the film industry! 

Overall, CFVA is a great organization to be a part of in Colorado. I look forward to getting involved and learning from the experienced professionals that make up this association.

Membership. (2011). Retrieved August  10, 2012, from  http://cfva.com/membership.