For this week's blog I will be discussing and reviewing some of the recent Entertainment Law podcasts I have been following. It is important to be up to date with the legalities of your industry in order to avoid possible litigation.
"Entertainment Law Update (Episode 8)"
-Gordon Firemark
This podcast discussed some of the recent cases and legal concerns within the entertainment industry. The first case they discussed dealt with the Google Nexus One phone. They discussed whether or not Google should worry about possible intellectual property concerns. There is a book by Phillip K. Dick called "
Do Androids Dream of Electric Sheep?" In the book and the film based off the book "Blade Runner" the term "Nexus" is used. They also talk about how the term "droid" is a trademarked term from Lucas Arts. The term "droid" is used in the "Star Wars" series. They pointed out how Google went to Lucas Arts and licensed the term "droid" so that they would avoid any infringement litigation. So why didn't Google contact the Dick estate about using the term "Nexus". Google feels that people will not confuse their phone with the book, nor the film. "Nexus 6" is the name of a character in the book and film, but considering "Nexus" is a term in the dictionary defined "a robot with human features." They determined that they are not infringing by calling their phone the "Nexus One". With my own business I will be working with social media marketing and branding. It will be important to make sure our clients are aware of possible copyright or trademark infringement issues. If our client chooses to use protected material, our company could be liable for publishing their content online.
You can listen to the full podcast here: http://www.entertainmentlawupdate.com/2010/01/entertainment-law-update-podcast-episode-8-rights-of-publicity-et-al/
"The Music Law Podcast"
-Mark Quail
This podcast discussed the ins and outs of the current Artist Management Field. The author spoke about the difference between an artist manager and a business manager. He talked about how once an artist starts getting serious cash-flow, one manager isn't enough. You must have an artist manager to handle your day-to-day needs, and a business manager to handle your money and investments. The first legal topic he talked about was "exclusivity". In many artist/manager contracts there will be an exclusivity term. This usually states that during the term on the contract the artist cannot hire anyone else to to the job of the manager. Too many managers can "bog down" a career, so it is important that the contract terms are clearly stated so that the artist and manager are on the same terms of what is expected.
Another term that he discussed "directions". These usually state that "if required, the artist agrees to sign a direction to cause any third parties that owe money to the artist to pay it to the manager." This clause I haven't heard of before. These directions help simplify the artists financials.
My company will be working in live event promotion. In certain cases we will be hiring artists to perform at events. It is important to understand the artist/manager relationship so that we will know how to deal with them. If we have a full understanding of what an artist manager does, we will know what to expect and how to avoid litigation when dealing with artists.
http://itunes.apple.com/us/podcast/the-music-law-podcast/id113835753
"Entertainment Law Update (Episode 22)"
-Gordon Firemark
One of the cases they discussed was about Scooter Braun, Justin Bieber's manager. This case deals with a riot that occurred when Justin Bieber was supposed to make an appearance at a mall in New Jersey. He discussed that the crowd was too wild before Justin had even arrived. They cancelled the event due to the unruly account. Braun used Twitter to notify the crowd that the even had been cancelled. However, the tweet didn't go out for over an hour after the decision was made. Due to the injuries suffered in the crowd, Braun was accused of 2nd degree reckless endangerment. I found this case unique because of the close connection my company has towards social media and live event promotion. As an industry professional I must be aware that these situations exist. When canceling or postponing an event it is important to give notification immediately. By waiting over an hour, Braun put himself in serious trouble. The revolution of social media has allowed professionals to connect with their clients directly and immediately By not notifying the public in a timely manner, people we forced to be in a dangerous situation longer than they had to.
http://itunes.apple.com/us/podcast/entertainment-law-update-podcast/id313301718
