Extra, Extra…Read All About It!!! Infringement On The Loose!

I know as of lately that I have not posted my typical movie reviews and replaced them with other aspects of the entertainment industry. I assure you that I will continue my film reviews soon enough. So let’s get to the matter at hand. I would like to provide additional insight and reviews to my intellectual property infringement within the entertainment industry post that I provided a few weeks ago.

I researched a few podcasts from a credible source to obtain knowledge of various types of infringement and display factual cases for examples. I found them to be very informative to anyone interested about the legalities within the entertainment industry. I have included those podcasts as well as my views and opinions for the readers to take a look at themselves.

1.     Entertainment Law Update Podcast

Episode 8 – Rights of Publicity, Et. Al.

Speakers – Gordon Firemark, Esp. and Tamara Bennett

January 25, 2009

http://www.entertainmentlawupdate.com/2010/01/entertainment-law-update-podcast-episode-8-rights-of-publicity-et-al/

In this podcast, Mr. Gordon Firemark, Esq. (Los Angeles) and Ms. Tamara Bennett (Dallas-Fort Worth) discuss several (actual) cases of “Intellectual Property Rights” and their infringement. Within the cases were infringements such as Trademark Infringement and Copyright Infringement and whether “Fair Use” was practiced. Most of the discussed cases dealt with major entertainment companies and/or celebrities. After listening to the discussion of podcast, I gained a stronger sense to protect all IP (Intellectual Property) works whether big or small. In other words, no matter if the IP are photos that my company will use to promote and/or advertise business or a film that my company has produced…protect it!

2.     Entertainment Law Update Podcast

Episode 13 – Copyrights, Trademarks, Fair Use, and Net Profit.

Speakers – Gordon Firemark, Esq. and Tamara Bennett

August 25, 2010

http://www.entertainmentlawupdate.com/2010/08/episode_13/

In this particular podcast, Mr. Firemark, Esq. and Ms. Bennett discuss further practices of copyrights and trademarks. They also go into detail about “Fair Use” and the need for license agreements. The speakers use actual cases in which opposing parties did not have a license agreement between them. Thus resulting in court cases of copyright and trademark infringement. This podcast was very enlightening because people can be misinformed on how the misuse of another’s derivative work(s) or trademark(s) and logo(s) can become a violation. In conclusion, I have learned that no matter what type of item(s) a person(s) intends to use…Ensure that it does not belong to someone else. If so, gain permission to use that particular item(s) or else it could become costly.

3.     Entertainment Law Update Podcast

Episode 22 – Violent Games, (anti) Slapps and other painless fun.

Speakers – Gordon Firemark, Esq. and Tamara Bennett

July 14, 2011

http://www.entertainmentlawupdate.com/2011/07/761/

Gordon Firemark, Esq. and Tamara Bennett speak on subjects and items that others do not typically discuss. Cases such as the popular Mike Tyson/ Hangover II tattoo were used to display a violation of Trademark Infringement even on items such as tattoos. Other cases discussed the use of the Copyright Act and Copyright Infringement for other fields such as the Video Game and Mobile Phone Industries. As a fan of tattoos, mobile phones and video games, this podcast has given me a sense of insight towards items outside of the film and music industry where these violations happen more often. Since listening to this particular podcast, I have kept an watchful eye of all items within my company that will be used to promote and advertise. Also those that will be used in the everyday operations of my business.

Final Thought

These podcasts were very informative and definitely gave me additional insight on the practices of copyrights, trademarks, and fair use within the entertainment industry. I plan to use this information to build a stronger practices for my business plan and operations.

If you would like to check out Mr. Gordon Firemark, Esq. and Ms. Tamara Bennett podcast and/ or contact them here is their information:

Website: www.Entertainmentlawupdate.com

Email: Entertainmentlawupdate@gmail.com

Twitter: ENTLAWUPDATE

Gordon Firemark, Esq. website: www.firemark.com

Tamara Bennett website: http://www.tbennettlaw.com

Until the next time...this is KB and this has been Real to Reel.

Violations within the Film Industry...Ready, Set, Copyright!

                    (Photo taken from Media Institute)

How many times have you seen this sign and others similar to it on your DVDs? Have you ever paid any attention to them? So you guys know that I am a film buff and would even go a little further to call myself a film fanatic. Being so, one has to not only pay close attention to what is taking place on the silver screen but also know about that which occurs behind the scenes as well. So for your knowledge, I will provide some information and insight on the area of legal issues and liabilities within the film industry. I will start off by defining and giving examples, in forms of recent and actual legal cases, of those particular legal liabilities such as copyright infringement, trademark infringement, and intellectual property clearance violation.

Let’s begin with copyright infringement, which according to the U.S. Copyright Office, “occurs when a copyrighted work is made into a derivative work without the permission of the copyright owner” (U.S. Copyright Office, 2012). This is a very simple and informative statement that carries a lot of weight. There are many legal cases in which copyright infringement takes place for a multitude of reasons.

One particular case, that I remember pretty well, that dealt with this legal issue was centered around the film documentary “More than a Game”, which happens to be one of my favorite films. The film gives a visual account of LeBron James and his childhood friends/teammates’ bond and ascension through basketball. The film did very well with the audiences and film critics but did not go without its share of problems. The chant that the teammates used within the movie, “We Ready”, was remixed “into a hip hop song, by an artist named Ya Boy and put into the film’s soundtrack” (E. Gardner, 2011). A lawsuit between a Mr. Mason Hall and Lionsgate Films soon followed due to Mr. Hall stating that he composed a copyrighted version of the same song and title. Before Mr. Hall could pursue his case of “copyright infringement”, “he had to convince a judge that his song in question is really his” (E. Gardner, 2011).

The next liability is trademark infringement, which is a “violation of exclusive rights that are attached to a trademark without the authorization of the trademark owner” (Forbes, 2010). Being a big fan of the Godfather Trilogy and Marlon Brando, I’ve read about a lawsuit between Brando Enterprises and Rooms To Go. Sounds like two things that definitely have no comparison right?! Anyway, the case between the two parties claimed that Rooms To Go unlawfully violated trademark rights by naming a line of “sofas and sectionals as the Brando” (E. Gardner, 2011).

My final legal controversy would be that of intellectual property clearance violation, which is another form of copyright infringement. Many cases of clearance violation happen on a reoccurring basis over the use of intellectual property such as literary, music, etc. One case that sticks out in my mind would be that of the movie “All Things Fall Apart” starring Curtis “50 Cent” Jackson and Mario Van Peebles. The film went through a title change because it never received clearance from famed author Chinua Achebe, whom wrote the 1958 classic novel “Things Fall Apart”, which the film was originally titled. “50 Cent tried to settle out of court and receive use of the title by offering Achebe’s Foundation $1 Million dollars, but the foundation refused” (BET, 2011). These events and the final renaming of the film prolonged the release of the movie until the following year.

These cases reflect many of the legal issues that occur within the film industry. These legal issues are easy to occur without the proper time and attention being used to give the proper credit and/or gain the proper clearance. All of the cases presented could have been avoided by taking the proper precautions and research. So next time you watch your favorite film, take a minute and ponder the legalities that occurred to get it to the silver screen. Also make sure to pay attention to the copyright and trademark violation screenshots at the beginning and end of the film. DON”T TAKE IT FOR GRANTED!

     

                       (Picture taken from the Media Institute)

References:

(E. Gardner, 2011.) Hollywood Reporter. Lionsgate Sued Over Music Used In LeBron James Documentary. Retrieved from: http://www.hollywoodreporter.com/thr-esq/lionsgate-sued-music-used-lebron-232957

(E. Gardner, 2011.) Hollywood Reporter. Marlon Brando Estate Sues Over "Brando" Sofas. Retrieved from: http://www.hollywoodreporter.com/thr-esq/marlon-brando-estate-sues-brando-223596

(BET Staff, 2011.) BET Music. Famed Nigerian Author Wins Legal Battle Against 50 Cent. Retrieved from: http://www.bet.com/news/music/2011/09/14/famed-nigerian-author-wins-suit-against-50-cent.html

(K. Watson, 2010.) Forbes. Crash Course In Trademark Infringement. Retrieved from: http://www.forbes.com/2010/11/08/trademark-infringment-business-name-forbes-woman-entrepreneurs-rebranding.html 

(No Author, 2012.) U.S. Copyright Office. Definitions. Retrieved from: http://www.copyright.gov/help/faq/faq-definitions.html