Law and Business of the Entertainment Industries

ISBN-10: 0275992055
ISBN-13: 9780275992057
Edition: 5th 2007 (Revised)
List price: $134.00 Buy it from $32.69
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Description: In response to the increasing convergence of technologies in the entertainment industries, this thoroughly updated and revised fifth edition makes the casebook more timeless. Providing contract templates covering book publishing, recording  More...

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Book details

List price: $134.00
Edition: 5th
Copyright year: 2007
Publisher: ABC-CLIO, LLC
Binding: Hardcover
Pages: 1044
Size: 7.00" wide x 9.75" long x 2.00" tall
Weight: 4.290
Language: English

In response to the increasing convergence of technologies in the entertainment industries, this thoroughly updated and revised fifth edition makes the casebook more timeless. Providing contract templates covering book publishing, recording contracts, actor agreements, video game agreements, and internet agreements, among others, this new edition is more useful and illustrative of the business of entertainment for lawyers, students, and industry professionals than its competition. Introductions, notes, and cases are fully updated to take into account recent changes in the industry. This classic casebook is essential to students at law schools throughout the country and to industry professionals trying to keep up with this ever-changing field of law.

DONALD E. BIEDERMAN was Executive Vice President/Legal & Business Affairs and General Counsel, Warner/Chappell Music, Inc., Los Angeles and Professor of Law and Director, National Institute of Entertainment & Media Law, at Southwestern University School of Law, Los Angeles, CA (now the Donald E. Biederman Entertainment & Media Law Institute).

EDWARD P. PIERSON is Executive Vice President of Legal and Business Affairs and General Counsel of Warner/Chappell Music, Inc., Los Angeles, CA, Adjunct Professor of Law at Southwestern University School of Law and past Chair of the American Bar Association Forum on the Entertainment and Sports Industries.

MARTIN E. SILFEN is an entertainment attorney and Adjunct Professor of Law at William and Mary Law School and Intellectual Property Summer Institute of Franklin Pierce Law Center. He is a member of the Virginia Bar.

JANNA GLASSER is an entertainment attorney and Vice President and General Counsel of Mona Lisa Sound, Inc. She has served as an Adjunct Professor at Pace University School of Law. She is a member of the New York Bar.

Pastor Scott T. Sanders is the pastor and founder of Rhema International Ministries, Inc. He founded the ministry in 2003 and the Lord made it very clear that he is a chosen vessel for this generation. Pastor Sanders has been married for 23 years to Cynthia R. Sanders and is the father to their two sons, Scott II (Ty) and Justin.Rhema International Ministries has reached several milestones under Pastor Sanders' leadership. In 2005 the church purchased 9.5 acres and in 2009 the first sanctuary was erected. In 2010, the church purchased an additional 12 acres of land adjacent to the church. In 2012, the church cancelled the entire mortgage and land debt and is currently "Debt Free." Pastor Sanders has many accomplishments in corporate and religious environments. As a corporate leader for 10 years he held managerial positions within the telecommunications industry having local, regional and international operations responsibilities. Pastor Sanders is a dynamic preacher and teacher who proclaims the almost-too-good-to-be-true news of the Gospel. His messages and teaching series' are full of revelation and are geared to break religious traditions and transform minds so that the body of Christ can manifest God's glory. Pastor Sanders is also the founder and president of the STS School of Discipleship, a three-course training specializing in teaching foundational truths to leaders, ministers and laymen, giving them a stronger foundation for ministry. Pastor Sanders received his Masters Certificate in Project Management from George Washington University. He also received his Bachelors and Masters of Science Degrees from Ball State University. His personal mission statement reads: My intention in life is to use my preaching, teaching and leadership gifts to win lost souls to Christ and to inspire and equip individuals to fulfill their life's calling.

Acknowledgments
Dedication to Don Biederman
Don Biederman Remembered and Missed
Introduction: An Overview
Representing Talent
A Business of Intermediaries
Attorneys
Establishing an Attorney-Client Relationship
Duty of Competence
Conflicts of Interest
Multiple Client Representation
The Comments to MRPC 1.7-A Better Understanding of Conflicts of Interest
Other Noteworthy Conflicts of Interest Issues
Music Lawyer as Manager or Agent
Special Considerations Regarding Lawyer Conduct
Merging the Roles of Various Entertainment Representatives
Advertising and Solicitations
Compensation for Attorney Services and Retention Agreements
Sanctions
Agents and Personal Managers
Union Regulation of Agents
State Regulation of Agents
New York General Business Law
California Labor Code
Business Managers
Talent Contracts
Introduction
Contracts with Minors
California Provisions on Minors
New York Provisions on Minors
Contract Duration
The California Seven-Year Statute
Statutory Termination Rights in California
Contract Formality and Availability of Injunctive Relief
The New York Experience
Oral Agreements
California Injunction Statutes
Credit Issues
By Contract
By Statute/Common Law
Right to Claim Credit
Right to Disclaim Credit
Favored Nations Clauses
Entertainment Rights: Rights of Publicity, Property, and Ideas
Introduction
Personal Rights: Privacy
Introduction: Common Law
The First Cases: Roberson and Pavesich
Statutory Protection
Defensive Aspects
Personal Rights: Publicity
At Common Law
Statutory Recognition
Other Statutory Enactments on Right of Publicity
Additional Recognition of the Right at Common Law
Post-Mortem Availability
At Common Law
Under Statute
Rights of Deceased Personality; California Civil Code Astaire Celebrity Image Protection Act
Conflicts Problems
Defensive Aspects
Public Figures/Newsworthiness
Advertising and Promotion
Personal Rights: The Lanham Act and Other Federal Legislation
Introduction: A National Remedy
Use of Section 43 (a) by Celebrities and Entities
Defensive Matters
Acquisition of Rights: Ideas and Other Property
Ideas
Copyright Law: Idea versus Expression
Idea Submissions
Implied Contract
Confidential Relationships
Negotiated Acquisitions
The Scope of Acquired Rights: By Contract
The Scope of Acquired Rights: Legally Imposed Limitations
Contract Performance and Exploitation Obligations
Delivery Standards
Delivery Clauses
Book Publishing
Music Publishing
Recorded Music
Film
The Company's Obligations
The Fiduciary Duty Claim
The Obligation to Exploit
Limits on Exploitation
Creative Control
The Cimino and Beatty Arbitrations
Mutilation
Censorship and Regulation of Content and Attendance
Private Actions Against Creators and Distributors
Remedies
Self-help
Rescission/Reversion
Injunction
Damages
Bankruptcy
The Availability of Bankruptcy Protection
The Consequences of Bankruptcy
Protective Registration
Arbitration
Literary Publishing
Introduction
The Business of Literary Publishing
The Scope of Literary Publishing Contracts
Paperback Licensing
Foreign Licensing
Merchandise Licensing
Motion Picture/Television Licensing
Other Media Licensing
Author-Literary Agent
Publisher-Author Agreement in Detail
Rights Granted and Assigned
Delivery of Satisfactory Manuscript
Delivery Standards
Non-Compete Clause
Publication
Copyright
Royalties and Other Payments
Warranties and Indemnities
Future Revisions
Option for Next Book
Other Provisions
The Impact of Custom and Usage
The "Next Book" Option
Music Publishing
An Overview of the Music Publishing Industry
Sources of Revenue
Small Performance Fees
Co-publishing Agreements
Principal Types of Agreements
Songwriter Agreement
Administration Agreement
Collection Agreement
Foreign Subpublishing Agreement
Catalog Purchase Agreement
Negotiation of a Co-Publishing Agreement
Example of Co-publishing Agreement (Year-to-Year Term)
Computation of Foreign Income ("Receipts" versus "At the Source")
Music Publisher Obligation
The Obligation to Exploit
The Obligation to Account and Pay
Performing Rights
Blanket Licensing
Split Licensing
Sampling
Sound Recordings
Development of the Industry
Contracts in the Record Industry
Some Background Statistics
Quick Economics
Artist Recording Agreement
Parties and Exclusivity
Term
Delivery
Technically and Commercially Satisfactory
Territory
Delivery Commitment for Albums
Video
Creative
Grant of Rights
Web Site
Release and Commercial Availability Commitment
Recording Fund and Advances
Per Record Costs
Royalties
Deficit Tour Advance
Statements, Reserves, and Audit Rights
Controlled Compositions
Warranties, Representations, and Indemnity
Injunctive Relief
Notices
Logos, Artwork, Merchandise, etc.
Miscellaneous
Love and Affection
Royalty Calculations
Film
The Changing Scene in the Motion Picture Industry
Producing Films
The Evolution of the Studio Model
Producing Films: The Studio Model
Acquisition of Underlying Rights
The Production/Financing/Distribution Deal
Writers, Directors, and Performers Agreements
Gross Receipts/Net Profits
Contracts of Adhesion/Unconscionability: The Buchwald Case and After
Producing Films: The Independent Model
Financing Independent Films
Insurance
The International Market
Television
The Television Business
The Changing Face of the Television Industry
Broadcast Television
Cable and Satellite Television
Creating and Acquiring Programming
Dealmaking in the Television Industry
The Development Deal
Deficit Funding
Syndication
The Ratings Game
International Markets
Ancillary Markets
Federal Communications Commission
Licensing
Control of Broadcast Television
Controlling Cable Television
Issues in Television Distribution
Antitrust: Block Booking
Antitrust: Geographical Restrictions
Piracy: Unlawful Interception and Retransmission of Signals
Infringement: Unaccredited Copying of Uncopyrighted Works
The Internet and the Digital World
Introduction
Personal Jurisdiction
Regulating Content and Controlling Distribution of Information Online
Censorship
Control of Access: Framing and Linking
Liability of Internet Service Providers
Defamation
Privacy
Consumer Profiles
Spamming
Copyright Infringement
Digital Millennium Copyright Act
The Impact of Internet-Specific Technologies
MP3
DeCSS
DRM Controversy
Agreements Entered into over the Internet
Table of Cases
Index
About the Authors

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