Entertainment Law
Colorado Attorney R. Brian Daniel
Entertainment Law is a complex area of law that includes many issues such as contract negotiations, contract preparation, copyright assurance, entity formation, the procurement of releases, the protection of artists’ rights and many other facets of the law involving artists and their craft. The laws affecting an artist (and/or his or her manager, agent and/or colleagues) govern all parties involved on both sides of each contract and “deal” within the entertainment industry (this includes both individuals and business entities). As is the case with many other areas of law, the issues governing entertainment contracts and the related intellectual property are unique to the industry and require the experience and legal knowledge of someone who is familiar with the particular business involved.
The entertainment industry includes creations such as the fine arts, film, music, literary publishing, television, and radio. All are similar due to the fact that in all instances profits are sought, and often made, through the sale of some or all of the creative works and services of artists.
The businesses that market and sell the creative works and services of artists use contracts to stipulate royalty and payment agreements as well as to provide protection against economic risk. Participating in the entertainment industry involves a great deal of risk (on all sides) due to continuing changes in consumer taste. A musical artist may be a one-hit-wonder or may be a decade-after-decade chart topper depending on whether he or she puts out a product people determine to be worthy of their entertainment dollars. Accordingly, entertainment companies often base payments or royalties on the profits of a creative work. The complexities of such a contract can be extreme and it is almost always in the best interest of an artist to seek legal knowledge and expertise when negotiating the crucial terms and conditions of any contract.
Contract disputes typically originate from the complexities of the royalty and payment agreements. In that regard, one party may feel that another party is not living, or has not lived, up to their part of the contract or that the contract itself is flawed or is purposefully obscure. Disputes such as this will almost always require the involvement of attorneys on both sides of the argument in order to effectively negotiate contrasting positions and may even involve the filing of a lawsuit aimed at resolving compensation issues.
Another aspect of entertainment law involves the protection of intellectual property. Much of the makeup of a contract between an entertainment company and an artist has to do with the use and ownership of intellectual property. An artist creates a product and a company may contract to buy it or otherwise use it in some manner for a profit. This arrangement typically involves a sale of the artist’s work to the general public. Intellectual property, the creative works and services of artists such as their books, songs, computer games or films, are protected by copyrights and trademarks.
U.S. Copyright Law provides the rules and regulations by which the entertainment industry must abide. An example can be taken from the music industry. A songwriter or copyright holder may decide who can record a given song first; however, after it has been recorded for publication the first time, the songwriter or copyright holder may no longer limit who re-records the song. As a result, disputes may arise over the details and complexities of the applicable copyrights, trademarks and royalty payments. An attorney who specializes in entertainment law knows the complexities of the laws and regulations governing both copyrights and trademarks and will also know how to draft and read an industry specific contract.
Due to the complex nature of the contracts involved in the entertainment industry, and in order to limit your personal liability and/or to maximize your potential for royalty payments, you should contact a Parker, Colorado Entertainment Law Attorney at The Daniel Law Firm for help in dealing with issues related to the entertainment business.
If you are facing a complicated entertainment law issue, reach out to The Daniel Law Firm and let us assist you with analyzing and preparing the best strategy for protecting, showcasing and/or displaying your creative works and services. Contact a Parker, Colorado Entertainment Law Attorney today at (303) 951-0233.
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