| |
| |
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 | |