Because much of the subject matter with which the practise of Entertainment or Media Law is concerned arises from human imagination and creativity, lawyers need to be conversant with a form of property called "Intellectual Property." Like any property it is owned by the person who creates it. Seems simple enough. But merely writing an article, book, screenplay or stage play, producing a television program, play or feature film or building a website is not what most creators seek. Creators, be they inventors, writers, artists, producers or others, want to share their inspiration with an audience. It is this effort to share that is often the point of departure for the lawyer's involvement.
To the right are areas of this website that will give you a sense of the complexity involved in the practice of Entertainment Law. It will also, hopefully, convince you that questions like what are rights? What sources are available to research rights? How does one figure out who, if anyone, owns them? How do I acquire them? How can I be sure I own them once acquired? can best be answered by an attorney. Each area is designed to give you a taste or two of what's involved and some tools to help you do-it-yourself.
Maybe you're an attorney yourself. I suspect that each practicioner, especially one who is not a member of a large and long-standing firm may be able to find something of use here as well. There is no such thing as a boilerplate agreement. While so-called "boiler-plate" can make up a significant portion of any agreement, it is the deal portion that is most essential and varies, from agreement to agreement, based on a variety of factors, such as the following:
The relative strengths of the parties
With whom one is dealing
The type of project
The funds available to create the project
The longevity of the project
The intrinsic value of the project's separate elements
Each deal is unique and one or more or none of the above factors may apply. The best bet is to find the expert with broad experience, good contacts and a consistent record of success.
So it was in 1787 that the foundation of Entertainment Law, and for that matter all law, was established. And it came to pass that Congress had the Powers . . .
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discover;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
But. . .
Congress shall make no law . . . abridging the freedom of speech, or of the press. . .
You can find the foregoing language and other interesting powers and limitations on Government in the US Constitution.
Steven Paul Mark
Entertainment Lawyer
ENTERTAINMENT AND MEDIA LAW
Being an attempt at conveying, instructing and supporting
the admirable practice at the Bar of all things entertaining
and the laws, rules, concepts and strategies appertaining thereto.
.
"The Signing of the Constitution of the United States"
By Howard Chandler Christy
Copyright 1985 United States Capitol Historical Society
