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Entertainment law

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 interests, agency, intellectual property (especially trademarks, 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 contracts, negotiation and mediation. Some situations may lead to litigation or arbitration.

Contents

Overview

Entertainment law covers an area of law which involves media of all types (TV, film, music, publishing, advertising, Internet & news media, etc.), and stretches over various legal fields, including but not limited to corporate, finance, intellectual property, publicity and privacy, and first amendment.

For film, entertainment attorneys work with the actors agent to finalize the actor's contracts for 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 so the specifics of their job are kept secret. But some entertainment attorney's job descriptions have become comparable to those of a star's agent, manager or publicist. They are not limited to legal paperwork, rather assisting in building a client's career. [1]

History

As the popularity of media 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.

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:

  • 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:

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, one must identify what he 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 one believe someone is violating his 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.[original research?]

See also

References

  1. ^ Wasko, Janet (2008). Hollywood Film Industry. Malden, MA: Blackwell Publishing. pp. 176–178. 

External links

(Sebelumnya) Enterprise Volume Management SystemEnthought (Berikutnya)