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 

Getting that Script Out there!!!

For some time now I have been practicing my screenplay writing skills (thanks to Final Draft) and have not pursued the act of actually have my script published. Since taking my current class at Full Sail University, I have become interested in the processes of publishing and distribution. I have found the process of publishing scripts, which will assist me in the next step of getting my script to the silver screen. Now having a step-by-step process, in my opinion, is the best knowledge that any aspiring person can receive. So I have listed some very important steps for publishing a script, which I am using as we speak to publish my own script.

Here we go:

·      First of all, one must ensure that the script that you planned to turn in is formatted and edited correctly. The script must also have research information and a voice that speaks directly to its audience. In this case, we want it to speak clear enough to for the right persons to hear and take it straight to the silver screen.

·      Secondly, begin writing query letters to a few agents (minimum of 3). Within the letters, ensure to include the genre of the script and a treatment.

·      Next, search for a literary agent. They can be located via industry referrals or union directories.

·      The next move will be to join a union. This move will help with the publication process by providing a support system. The union can help with the availability of your work to studios and producers. Also the union can provide the author with legitimism and originality. For the publication of the script.

·      Lastly and most importantly, copyright (protect) your work! Make sure that you contact the U.S. Copyright Office to obtain the needed application and list of fees.  I cannot stress the importance of this step enough. This process will prevent copyright infringement and publication of your material.

Hopefully the information I have provided you will be beneficial to you as it is for me. This is KB and this has been Real to Reel.

Sources:

http://www.jamesrussellpublishing.biz/advice1.html

http://www.lazybeescripts.co.uk/Publishing/Index.htm

From Cutting Room Floor to the Big Screen

So since I have been attending Full Sail University for the past year and I have learned a tremendous amount about the entertainment industry.  What is most exciting is that I have been learning about the Film industry that I did not learn in my undergraduate studies of Film and Theater. I learn about the production side of thing but now I am experiencing the business side of the house.

            So I’m currently taking a Media Publishing and Distribution class in which I learn the concepts of, you’ve guess it, publishing and distribution within the entertainment industry.  Now this is exciting to me because I have always had an interest in how a film makes it from the production studio to the movie theater. So now that I am able to gather the information on this particular process, let’s take a look at it. Now I will use bullets to individualize each step for clarification:

From Cutting Room Floor to the Big Screen

·      Idea for movie is presented. (This is where the screenplay would be written)

·      Treatment is written and presented to promote interest in the Film (idea)/screenplay.

·      A studio or investor purchases rights to the Film.

·      The film production team (director, producer, etc.) is brought together to make the film.

·      The film production is completed and the film is sent to the studio.

·      A licensing agreement is completed between the studio and distribution company. (To ensure the power that both entities have over the control of the film)

·      The distribution company determines how many copies (prints) of the film to make.

·      The distribution company shows the movie (screening) to buyers representing the theaters.

·      Negotiation between the Distribution Company and theater(s) determine which movies will be leased and the terms of the lease agreement.

·      Prints of the movie are sent to the theaters days before the official release date. (Gives time for additional promotions)

·      The movie shows for a specific number of weeks (engagement). (Determined in the negotiations between the distribution company and theaters)

·      The step we all know and love: We buy our ticket and enjoy the movie (or not).

·      The engagement ends and the theater send the movie back to the distribution company and make a payment on the lease agreement.

As you see here there are a lot of steps to get those films you have loved, currently like, and desire to see in the future into the theater. Those steps take place before and after we enjoy them in our local theaters. This has been a very informative topic for me and I hope that it was for you guys as well.  So for those, like myself, that desire to have a screenplay reach the majors; these steps should help you as they have helped me.

This is KB and this has been Real to Real.

Sources:

http://www.independent-magazine.org/magazine/2009/03/prepfordistribution 

http://entertainment.howstuffworks.com/movie-distribution.htm 

Important tool to use and understand in the World of Entertainment....Copyrighting!!!

     Hello World! I'm back for another intriguing entry into the world of Real to Reel. Last week I was discussing formatting for a track with up and coming, North Carolina hip hop artist, Keyahna Shanelle, she posed a question about copyrighting her work and other questions about copyright laws in general. I explained to her that my main focus within the entertainment field was mainly film and video but I couldn't resist finding out more about a general topic that circulates throughout the world of entertainment no matter the specific industry of it.

     So I began browsing and researching the world wide web and came across a few sites and podcasts from credible resources about Copyright Laws, Copyright Infringement, and Copyrighting materials within the entertainment industry. Here is some information on them for you to check out:

1. Duke Law Podcast - "Copyright Liabilities"
    Information on Ecology Lecture Services
    Professor Jessica Litman
    March, 30, 2007
    http://mediastream.law.duke.edu/mp3cast/03302007litman64.mp3

     Within this podcast, Jessica Litman, a Professor at the University of Michigan Law School, speaks about   how Copyright Laws give the "freedom", which she calls "copyright liberties" to enjoy and not exploit copyrighted material. She also touches on the importance of having your work(s) immediately copyrighted not only for the protection but for the protection of generations' enjoy to come. She I gained the aspect and understanding that one's original work whether visual, audio, or print must be protected with for the importance of history and science.

2. Entertainment Law Update Request - "Monkeying around with Copyright Law"
    Gordon Firemark, Esq.
    August 19, 2011
    http://www.entertainmentlawupdate.com/2011/08/elu-episode-023-monkeying-around-with-  copyright-law/

     In this particular podcast, the speakers, Mr. Firemark, Esq. and Ms. Bennett, discuss past (actual) cases as examples of copyright laws being enforced, copyright infringement, and other possible issues with copyrighting. The cases give clear and informative examples of how the copyright laws and practices apply within the world of entertainment on many different (artist, management and executive) levels. This podcast definitely gave a sense of insight as what to be mindful of as I enter the business and entertainment industries. I have to ensure that I protect my work(s) as well as research any possible similarities of my business plans and structures to others to better protect my assets as well as my investors.


3. Intellectual Property Colloquium - "Copyright Termination"
    Doug Litchman, UCLA School of Law
    http://www.ipcolloquium.com/Programs/13.html


     Within this podcast, Peter Menell, Professor of UC Berkeley, and David Nimmer, author and copyright guru, discuss the practices of modern day copyrighting. The speakers give an historical account of the development of copyrighting and its changes and practices from past to present (which most wouldn't know has not been around that long). Included within the discussion was the topic of "termination rights" ,which was very new to me, of copyrighted work(s) and how the author possess the rights to terminate the contract of copyright 35 years after the contract has been signed to sell their work(s) if desired. (Side note: Any work that is copyrighted is protected for the life of the original author plus 70 years.)

Final Thought:

     These podcast are very informative and will hopefully answer your questions about copyrighting as they did my own. So I will now be taking my newfound information back to my friend and hopefully give her better understanding for protecting her work(s) as well as my own. The questions that I had over the years as far as copyrights go have been cleared up and now I will use them to build a stronger foundation for my business plan, strutcure and dealings.

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

O . . . EMMM . . GEEEEE!!! Girl Goes On Facebook . . . Brags That She Has THE MONSTER . . . And Claims She's Trying To INFECT EVERY DUDE SHE KNOWS!!! - MediaTakeOut.com™ 2011

O . . . EMMM . . GEEEEE!!! Girl Goes On Facebook . . . Brags That She Has THE MONSTER . . . And Claims She's Trying To INFECT EVERY DUDE SHE KNOWS!!! - MediaTakeOut.com™ 2011

Read All About It...Unseen legalities within Entertainment!

So I am sitting here reading up on my daily gossip for the day and I run across a few articles about about some of our beloved stars and programs. Seems that they have been in a little trouble recently and are working out their legalities. So let's take a look at a few stories that I ran past today:

1) "Sesame Street" Composer Pleads Not Guilty to Child Porn Chargers


Now this story hits home as being part of a generation that grew up on Sesame Street. One of the composers for the grammy-award winning Sesame Street plead "not-guilty" to producing, possessing,  and distributing pornography of a 4-year old child. The composer, Fernando Rivas, is currently under house arrest. Rivas was arrested in April 2011 after photos of the 4-year old being restrained "bondage-style" were discovered. Rivas admitted to having sent those photos to two other persons.

Now as much as I love "Sesame Street" growing up and still love it for my children...this seriously needs to be handled as quick as possible and in a discreet manner to save its reputation.

Resource: http://www.starpulse.com/news/index.php/2011/11/22/sesame_street_composer_pleads_not_guil

2) Rihanna's "We Found Love" Video Banned In France


So once again (and I mean this in a daily sense) Rihanna is in the headlines of recent Entertainment news, blogs, and vlogs. So Ms. Rihanna has put out another racy music video that has caught the attention of France. The French censors have made this decision based on the "self-destructive" behavior they feel the video contains. The Supreme Audiovisual Council of France have ruled the video to only be shown after 10pm due to its explicitness. This video will be the second video for Rihanna within recent months to have been banned. Her video for "S&M' had been banned in 10 other countries besides France in earlier months.

Now I am honestly not sure that Rihanna and her record company actually cares for other countries banning her music videos because her career seems to be built off of controversy.

Resource: http://www.starpulse.com/news/index.php/2011/11/21/rihannas_we_found_love_video_banned_in

3) Wesley Snipes Sued Over Credit Card Debt


Wesley Snipes is once again in financial trouble and having to face a credit card company in dispute of repayment for $30,000 in unpaid charges. He is currently serving a 3 year sentence for tax evasion. American Express, who has filed this lawsuit, attempted to recover their money prior to Mr. Snipes sentencing. They are now wanting to recover their owed monies in addition to associated legal fees.

I am no celebrity but I do know that your name is like credit within the Entertainment Industry and like credit you want to ensure that you keep your name in good standings. This is not a good example of keeping your name, finances and/or credit in good standing and this will follow him for quite some time.

Resource: http://www.starpulse.com/news/index.php/2011/11/21/wesley_snipes_sued_over_credit_card_de

These are just a few of the many legalities that are currently going on within the Entertainment Industry. Hopefully I brought light to few situations that you may or may not have known were occurring. So hopefully I have enlightened you minds on a different sector of the Entertainment Industry.

This is KB and this has been Real to Reel.