Industry Expert Blog
Legal liabilities are concerns for
new startup companies. In the
entertainment industry there are many that need to be addressed and companies
must have a strategy on combating them. The Entertainment Law Update Podcast by Gordon Fire mark
is a great podcast to keep updated on the newest legal concerns in the entertainment
industry. Podcast# 43 “No copyright
Sherlock?” mentions a case of copyright infringement. William Faulkner estate sues Sony for using a
nine- word quote from a Faulkner novel.
The quote says, “The past is not dead. Actually it’s not even past” is
paraphrased in the movie Midnight in
Paris. The court dismissed this
motion in favor of Sony, which could not find similarity enough to enforce the
lawsuit actions. Gordon Firemark gives other examples of
similar examples of copyright infringement cases. Other publishing companies have been
challenged with this issue. New startup
companies need to ensure that any copyright is filed with the Copyright Office
in a timely manner to prevent others from using the work. The United StatesCopyright Office gives clear instructions on how to register, and even
provide user-friendly videos to help authors to protect their work.
The next podcast # 44 by GordonFiremark discusses crimes, FOIA, and blurred lines. In this podcast it discussed a lady wanting
to use the song “Happy Birthday” in her movie to discuss the history of
it. Nelson contacted the one who had the
rights to it, and was “quoted a licensing fee of over $1,500”(Firemark,
2013). Warner Chapel had control over
the exclusive rights of the song and melody however after much research, she
found that the melody and lyrics itself were not copyrighted formally and
should be use for the public. Warner
Chapel Music did not challenge her evidence but was just trying to decrease the
lawsuit amounts. Here again we tend to
see copyright issues even with the very basic songs we have known for
years. The legal requirement to file a
lawsuit is that a copyright must be properly registered in a timely
manner. This decision was dismissed. According to copyright.gov (2013) “A work of
authorship is in the “public domain” if it is no longer under copyright
protection or if it failed to meet the requirements for copyright protection.
Works in the public domain may be used freely without the permission of the
former copyright owner”.
A new
start up company must be able to differentiate what is truly illegal to use and
what is public domain. Hiring an
entertainment lawyer can help with understanding the differences and ensure
that the company is following standard operating procedures and preventing it
from getting into litigations.
The last podcast #33 from Gordon Firemark is about many cases of
copyright infringement, trademark infringement and a cease and desist letter
sent from Jack Daniels lawyer, Christy Susman to author Patrick Wensink who
wrote Broken Piano for President. Jack Daniels claims that the front cover of
the author’s book resembled the label for Daniel’s whiskey. The letter, which went viral about how nice
it was but also firm, allowed the author to know that the company needed to
protect its trademark from being weakened.
Laws and regulations are put in place to be followed. Companies must be on the lookout for anyone
that may try to use their brand to their advantage either for monetary reasons
or for the association with the brand.
How can companies do this?
Watching your competitors and doing careful market research can lead to
results. Companies should hire
specialists that will constantly be on the lookout for any infringement cases
that may cause the brand to be weakened.
References:
http://www.abajournal.com/news/article/jack_daniels_cease-and-desist_letter_goes_viral_for_being_exceeedingly_poli/
No comments:
Post a Comment