Entertainment Law Podcasts

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

Legal Liabilities Associated with Event Promotion

In the live entertainment industry, there are many legal liabilities. In order to run a successful event, one must be aware of the legal issues they could possibly face.

Liquor Service: There are many safety concerns when it comes to hosting live events. Having a large group of people in a small confined space can be dangerous, especially when alcohol is served. With Florida’s liquor license laws, it is very easy to find yourself in legal trouble. Many bars, venues, and restaurants, in Orlando have lost their liquor license due to serving to minors or over-serving customers. These type of laws are called “Dram Shop Acts.” They exist to protect the public from the poor choices of intoxicated people. I researched the Florida Division of Alcoholic Beverages and Tobacco. The site has great insight into the Laws and Regulations of Alcohol in Florida.
(http://www.myfloridalicense.com/dbpr/abt/resources/alcohol_resources.html)

Pyrotechnics: In today’s live entertainment market, having pyrotechnics at a concert or event is the norm. There are strict laws and codes that monitor the use of such items. These laws are primarily for the safety of people at the venue. These controlled explosions fall under strict liability. When these guidelines are not correctly followed, tragedy can occur, leading to lengthy litigation. I researched an incident in Rhode Island where pyrotechnics were used at a concert. The pyrotechnics were not supposed to be used and resulted in a fire, which killed 39 people. It is important to be knowledgeable and careful when allowing pyrotechnics to be used at your live event venue.

(http://transcripts.cnn.com/TRANSCRIPTS/0302/21/bn.09.html)

Contracts:When booking artists for live venues, there are many contracts that are signed. Each individual event should have a contract that should be read and executed diligently. Both parties agree to the contract terms and if the terms are not carried out, legal litigation is likely. As an event promoter It is important that I understand every aspect of the contracts I sign, even if that involves having my lawyer look them over. This will help me avoid legal troubles. I found the following site, which provides not only examples of contacts, but printable sample contracts which can be used by business professionals. (http://www.printablecontracts.com/)