Within the entertainment industry, there are many people who have the talent to create one-of-a-kind works of art. A single work may involve a multitude of individual artists and components, such as the script, the music, and the visuals.
When there is more than one artist involved in creating one creative work, many legal issues may arise, such as determining which party will own the copyright.
When an artist begins to work with producers and share their brilliant ideas over an exciting conversation, it is important to remember that the ideas can be stolen if not protected with a copyright.
Knowing about the common legal issues that arise in the entertainment industry can prepare you for the event that you encounter them, as well.
Common Copyright Mistakes
It is important for an artist to protect their ideas before sharing them with others. If multiple people are involved in the creation, every party should sign an agreement with respect to who will own the copyright.
A qualified New York corporate law attorney can help you navigate the processes involved in licensing music for films and negotiating the associated fees.
A prevalent mistake that people often make within the entertainment industry is not understanding the implications of a work-for-hire agreement.
In a work for hire, the artist is creating original work on behalf of another party, and that other party will be the ultimate copyright holder. The artist does not retain rights to the work.
Agreements Regarding Film and Television Development
Establishing formal agreements is one of the most important tasks with respect to intellectual property rights for film and television.
In some cases, a film producer will enter into a contract with a book’s author or publisher when a book is adapted into a movie. A legal professional with experience in the entertainment industry and comprehensive knowledge of business law can be a valuable asset in these situations.
Business Entity Formation
Production companies need to organize themselves, first and foremost, as business entities for their creative projects so they can shield themselves from risk. A corporate structure allows individuals to protect their personal assets in the event the business faces legal trouble.
While a producer can work as a sole proprietor, there is very little security for a solitary owner beyond the protection that they purchase in the form of an insurance policy. A lawyer with knowledge about business entity formation can advise you on which structure would be best for your company.
Protecting the Producer’s Rights
An attorney working on behalf of the producer can carefully evaluate their rights, such as those relating to intellectual property rights for the script, the underlying book, music, and other collaborations, to streamline the distribution process.
A producer should contact an entertainment law firm as soon as they decide to invest in a work of art. Any delay can pose a huge problem when it comes to protecting intellectual property.
An experienced legal professional who practices in the field of intellectual property can help producers license the works and protect the producers’ interests.
Quite possibly, the most significant role of an attorney is protecting the producer’s intellectual property from infringement. This includes keeping track of all trademarks, copyrights, and licensing to make sure no one is using it improperly.
With the expansion of digitization, the entire entertainment industry has changed. A New York entertainment lawyer can provide the advice you need to thrive in the film industry.
