With consumers seeking an ever-widening array of outlets for accessing entertainment, the media faces tremendous opportunities driven by new technologies and evolving business relationships. To take advantage of these opportunities, lawyers in this practice area help to structure, negotiate and execute arrangements of agreements for a wide variety of the industry participants. The entertainment industry, informally known as Show Business or “Show biz”, is a tertiary sector of the economy containing large numbers of sub-industries devoted to entertainment. Show Business predicates commercially popular performing arts, such as musical theatre, film, comedy and many others. It also applies to every aspect of entertainment, including cinema, television, radio, theatre, and music. It could be an exhibition, live performance, through mass media or electronically.
The purpose of entertainment law is to provide legal services to the entertainment industry, as the industry has grown into something big over the years, and there is an inevitable need to address conflicts of interest that lead to legal issues. Legal issues may arise in all stages of the creation of original works of entertainment, from the production stage, where formal contracts are drawn to set forth the respective rights of the parties involved, to the licensing and distribution stage. Entertainment law is a demanding career involving the sound knowledge of various legal disciplines and applying the principles to the interactions between players in the entertainment industry.
Key Takeaways
- Entertainment law services are crucial in structuring, negotiating, and executing agreements for industry participants.
- The entertainment industry encompasses a wide range of performing arts and media, creating numerous legal complexities.
- Entertainment law requires extensive knowledge of various legal disciplines to address conflicts and issues that arise.
- Lawyers in this field help clients understand relevant laws and regulations, negotiate agreements, and resolve disputes.
- The growing complexity of the entertainment industry, driven by technological advancements and changing business relationships, has increased the demand for specialized entertainment law services.
Introduction to Entertainment Law
The entertainment industry, informally known as Show Business or “Show biz”, is a tertiary sector of the economy containing large numbers of sub-industries devoted to entertainment. Show Business predicates commercially popular performing arts, such as musical theatre, film, comedy and many others. It also applies to every aspect of entertainment, including cinema, television, radio, theatre, and music. It could be an exhibition, live performance, through mass media or electronically.
Definition of Entertainment Industry
Entertainment law is also referred to as “media law”. It refers to legal services provided to the entertainment industry. It is important to note that the entertainment industry has grown into something big over the years. It is therefore inevitable that there will be conflict of interests which shall lead to legal issues. Legal issues may arise in all stages of the creation of original works of entertainment, from the production stage, where formal contracts are drawn to set forth the respective rights of the parties involved, to the licensing and distribution stage.
Scope of Entertainment Law
Entertainment law is a demanding career involving the sound knowledge of contract law, corporate law, finance, tort, bankruptcy law, immigration, tax law, insurance law, labour law, intellectual property law and applying the principles to the interactions between players in the entertainment industry. It also covers pieces of legislation regulating media of all types such as television, film, music, publishing, advertising, internet, news inter alia. Much of the work of an entertainment lawyer is transaction based, and includes drafting contracts, negotiation, and mediation. This may lead to litigation or arbitration.
Importance of Legal Services in Entertainment
The entertainment industry has grown into something big over the years, and there is an inevitable need to address conflicts of interest that lead to legal issues. Legal issues may arise in all stages of the creation of original works of entertainment, from the production stage, where formal contracts are drawn to set forth the respective rights of the parties involved, to the licensing and distribution stage. Entertainment law is a demanding career involving the sound knowledge of various legal disciplines and applying the principles to the interactions between players in the entertainment industry.
Areas of Entertainment Law
The realm of entertainment law encompasses a diverse array of legal disciplines, each addressing the unique challenges faced by various sectors within the entertainment industry. From the intricacies of film production and distribution to the complexities of music industry negotiations, entertainment lawyers play a vital role in navigating the legal landscape and protecting the interests of their clients.
Film
This area of entertainment law covers option agreements, the chain of title issues, talent agreements (screenwriters, film directors, actors, composers, and production designers), production, post-production and trade union issues, distribution issues, motion picture industry negotiations, distribution, and general intellectual property issues, especially relating to copyright and, to a lesser extent, trademarks. An example is the case of Gaumont-British Picture Corporation Ltd v Alexander, where there was a breach of contract for the provision of movie production services.
Multimedia
The multimedia sector of entertainment law includes software licensing issues, video game development and production, information technology law, and general Intellectual Property (IP) issues. In Universal City Studios (UCS) v Nintendo, UCS sued Nintendo for perceived copyright infringement, as a giant ape in Nintendo’s released game “Donkey Kong” had a striking resemblance to their creature feature star, “King Kong”. Similarly, in O’Bannon and Keller v Electronic Arts, the suit was filed because Electronic Arts used the players’ likenesses without permission or payment in their NCAA football and basketball franchises.
Music
The music industry is another area of focus for entertainment lawyers, which includes talent agreements (musicians, composers), producer agreements and synchronization rights, music industry negotiations, and general IP issues, especially relating to copyright. In the case of Bonsor v Musicians’ Union, a musician was wrongfully ousted from membership of his union and therefore unable to practice his trade without great difficulty. The question was whether he was entitled to relief by way of damages for breach of contract.
Publishing and Print Media
This sector of entertainment law includes issues related to advertising, models, and author agreements, as well as general IP issues, especially relating to copyright. In Okafor v’ Ikeayi and ors., the allegation against the defendant was a defamatory publication of the plaintiff.
Television and Radio
The television and radio industry is governed by entertainment law, which includes broadcast licensing and regulatory issues, mechanical licenses, and general IP issues, especially relating to copyright, just like most cases in the entertainment industry.
Intellectual Property in Entertainment Law
Intellectual property (IP) law deals with the rules for securing and enforcing legal rights to inventions, designs and artistic works. The purpose of these laws is to encourage people to develop creative works without fear of misappropriation by others. An example of a copyright infringement case is the Copyright Society of Nigeria (COSON) in 2015 where COSON filed a suit against First Bank with regards to unauthorized use of several musical works and sound recordings communicated to the public.
Copyright Law
Intellectual property (IP) law deals with the rules for securing and enforcing legal rights to inventions, designs and artistic works. The purpose of these laws is to encourage people to develop creative works without fear of misappropriation by others. IP law has many moving parts that include trademarks, copyright infringement and the right of publicity.
Trademark Law
Intellectual property (IP) law deals with the rules for securing and enforcing legal rights to inventions, designs and artistic works. The purpose of these laws is to encourage people to develop creative works without fear of misappropriation by others. IP law has many moving parts that include trademarks, copyright infringement and the right of publicity.
Patent Law
Intellectual property (IP) law deals with the rules for securing and enforcing legal rights to inventions, designs and artistic works. The purpose of these laws is to encourage people to develop creative works without fear of misappropriation by others. IP law has many moving parts that include trademarks, copyright infringement and the right of publicity.
Contract Law in Entertainment
The entertainment industry exists in a state of economic uncertainty. Entertainment companies continually form, merge, dissolve and reform. Also, consumer tastes in artistic products can change quickly, skyrocketing certain artists or artistic movements to the heights of popularity and plummeting others to obscurity. This instability causes the entertainment industry to rely on contracts which are usually drafted to protect entertainment companies against risks. The principles of contract, employment and labour law come in handy to spell out the obligations of each party to the contract and bind them. Though the parties are free to enter into general contracts, it is necessary for them to know the legislation and customs regulating each entertainment activity in order to prevent them from creating void or unenforceable contracts.
Types of Entertainment Contracts
Contract laws have been at the forefront of entertainment with leading cases. For example, in Kesha v Dr. Luke, the judge declined to release Kesha from her binding contract which prohibited her from continuing her career. The judge did this based on the fact that she had entered an agreement after she had sworn under oath that no harassment was taking place.
Negotiation and Drafting
Contract laws have been at the forefront of entertainment with leading cases. For example, in Kesha v Dr. Luke, the judge declined to release Kesha from her binding contract which prohibited her from continuing her career. The judge did this based on the fact that she had entered an agreement after she had sworn under oath that no harassment was taking place.
Breach of Contract Cases
Entertainment Law Services
Entertainment law is a demanding career involving the sound knowledge of contract law, corporate law, finance, tort, bankruptcy law, immigration, tax law, insurance law, labour law, intellectual property law and applying the principles to the interactions between players in the entertainment industry. It also covers pieces of legislation regulating media of all types such as television, film, music, publishing, advertising, internet, news inter alia. Much of the work of an entertainment lawyer is transaction based, and includes drafting contracts, negotiation, and mediation. This may lead to litigation or arbitration.
Torts in Entertainment Law
The subject of torts is civil lawsuits in which one person alleges that another person perpetrated some harm. Examples of some torts include battery, assault, outrage (Intentional infliction of emotional distress), invasion of privacy, slander, and defamation. In the case of Katie Armiger v Cold River Records (2016), Cold River Records caused defamation and false light against Armiger’s character when they challenged her in a court case that played out in the public eye.
Defamation
The subject of torts is civil lawsuits in which one person alleges that another person perpetrated some harm. Examples of some torts include battery, assault, outrage (Intentional infliction of emotional distress), invasion of privacy, slander, and defamation.
Privacy Rights
The subject of torts is civil lawsuits in which one person alleges that another person perpetrated some harm. Examples of some torts include battery, assault, outrage (Intentional infliction of emotional distress), invasion of privacy, slander, and defamation. In the case of Katie Armiger v Cold River Records (2016), Cold River Records caused defamation and false light against Armiger’s character when they challenged her in a court case that played out in the public eye.
Entertainment Litigation
The subject of torts is civil lawsuits in which one person alleges that another person perpetrated some harm. Examples of some torts include battery, assault, outrage (Intentional infliction of emotional distress), invasion of privacy, slander, and defamation. In the case of Katie Armiger v Cold River Records (2016), Cold River Records caused defamation and false light against Armiger’s character when they challenged her in a court case that played out in the public eye.
Right of Publicity and Privacy
The right of publicity is the right of every human being to control the commercial use of his or her identity. When that right is infringed, the individual’s publicity rights have been violated. The right of privacy is the right to not have one’s name or likeness appropriated by another without the individual’s permission, privacy included – private information made public and the individual placed in a false light. Most entertainers have their publicity and privacy rights infringed on.
Unauthorized Use of Name and Likeness
In the case of Woody Allen v American Apparel, Allen sued the defendant for 10 million dollars after they used an unauthorized image of a bearded Allen in Annie Hall on a billboard. His claim was that they used his image and identity in total disregard of his rights to privacy.
False Light and Appropriation
The right of publicity is the right of every human being to control the commercial use of his or her identity. When that right is infringed, the individual’s publicity rights have been violated. The right of privacy is the right to not have one’s name or likeness appropriated by another without the individual’s permission, privacy included – private information made public and the individual placed in a false light. Most entertainers have their publicity and privacy rights infringed on.
Entertainment Law in the UK
The UK’s entertainment industry is governed by a robust legal framework that regulates various sectors, including film, music, and media. Understanding these regulations is crucial for entertainment professionals and organizations navigating the dynamic landscape of the industry.
Film Regulations
The UK Film Council was responsible for representing the economic, cultural and educational aspects of every film in the UK and abroad. Following its closure on 31 March 2011, the British Film Institute (BFI) took charge. The main legislation regulating the UK film industry is the Video Recordings Act 1984 and Films Act 1985. Another national film regulatory authority is the British Board of Film Classification (BBFC), a non-governmental organization funded by the film industry, which is responsible for film classification. Most cases involving the BFI are tax-based ones. Films are subject to copyright protection under the Copyright, Designs, and Patents Act 1988 (CDPA). The main areas of litigation in the UK film production transactions are copyright or other IP right claims relating to ownership of rights in the underlying work, similar to other categories of entertainment.
Music Industry Regulations
The UK’s music industry is governed by several trade bodies, including the Music Publishers Association (MPA), British Phonographic/Recorded Music Industry (BPI), and Association of Independent Music. Moral rights exist under the CDPA to protect certain rights for the author of the musical work. These bodies are set up to primarily prevent copyright infringement and clearly define when copyright has been infringed. For example, in the case of Radio head v Lana Del Rey, the Oxford band sued for 100% of the publishing of her song, “Get Free” because they alleged that the song sounds similar to their work.
Brexit Impact on Entertainment Law
Especially following the UK’s decision to leave the European Union (EU), the entertainment and media industries will have to follow numerous adjustments towards their operations. As there is a lot of uncertainty, many major entertainment and media companies are seeking or will be seeking advice from lawyers, regarding risk management and compliance with any new legislation following Brexit. Cross-border licensing arrangements will have to be reassessed, while the laws surrounding IP, data protection, cyber risk and e-commerce may also change as the UK disentangles from EU legislation.
Career Opportunities in Entertainment Law
Many individuals who practice entertainment law tend to stay within the practice area for the remainder of their working careers. As the entertainment industry is fast-paced, and constantly faced with newly emerging issues, entertainment lawyers must constantly be alert and kept up to date with any legislative or significant industrial changes. Whether it’s interested parties working on a project, new technology, or other developments, these changes keep the work interesting and allow entertainment lawyers to continue learning and growing. A typical entertainment lawyer’s career path can circumnavigate from a law firm to in-house and sometimes back to a law firm.
Law Firms
Many entertainment law practitioners find fulfilling careers at specialized law firms that cater to the unique legal needs of the entertainment industry. These firms offer the opportunity to work on a diverse range of projects and cases, from talent contracts and licensing agreements to media rights negotiations and entertainment litigation.
In-House Counsel
A growing number of organisations, like the Warner Music Group (WMG), employ in-house counsel, who look after the legal needs of the organisation they work for, instead of outsourcing the bulk of their legal work to outside firms. The Warner Music Group Legal Team is responsible for negotiating and drafting commercial deals and contracts on behalf of the business, providing commercial and legal support, as well as handling any disputes. The legal team is involved at every stage in an artist’s career, working with the WMG Artists and Repertoire Departments to negotiate recording, publishing, merchandising and management agreements.
Emerging Trends and Challenges
As the entertainment industry continues to evolve, the demand for entertainment law practitioners remains extremely necessary. Technological advancement and rapid societal change have had a profound impact on the industry, necessitating that entertainment lawyers adapt to new challenges, such as content distribution, intellectual property protection, and data privacy.
Digital Media and Technology
The growth of digital media and technology has transformed the entertainment landscape, requiring entertainment law to keep pace. Entertainment lawyers must navigate complex issues around the distribution and monetization of digital content, ensuring their clients’ intellectual property rights are protected in the ever-changing digital ecosystem.
Globalization of Entertainment
The entertainment industry has become increasingly globalized, with content and talent crossing borders. This has created new legal complexities around issues like international licensing, co-productions, and talent management. Entertainment lawyers will need to stay informed on evolving global regulations and cross-border business practices to effectively serve their clients.
Regulatory Changes
As the entertainment industry continues to evolve, lawmakers and regulators will likely introduce new laws and policies that entertainment lawyers must interpret and comply with. This includes changes to copyright law, content regulations, and labor laws, among other areas. Adaptability and a deep understanding of the regulatory landscape will be critical for entertainment law practitioners.
Conclusion
Entertainment law provides a wide range of opportunities to be a part of an exciting and creative practice area and industry. Lawyers who practice entertainment law help their clients understand the laws and regulations that apply to them and they help their clients negotiate agreements and resolve disputes while they occur. Entertainment law is specifically significant to experts in individuals working in the entertainment, impacting not only the talent that performs in the entertainment industry but also the production aspects of creating entertainment content, and has been fundamental in the growth of many organizations and individuals.
As technological advancement and rapid societal change continues to have a large impact on the entertainment industry, and legislation is constantly adapting, the demand for lawyers and in-house legal teams is extremely necessary. These legal professionals play a crucial role in navigating the complex and ever-evolving landscape of the entertainment world, ensuring that their clients’ rights and interests are protected while also facilitating the growth and success of the industry as a whole.
In conclusion, entertainment law is a dynamic and rewarding field that offers numerous opportunities for those with a passion for the arts, media, and the law. Whether working at a law firm or as in-house counsel, entertainment lawyers are essential in shaping the future of the entertainment industry, and their contributions will continue to be invaluable as the industry continues to evolve and expand.
FAQ
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Source Links
- https://wbcuk.wordpress.com/2019/10/07/the-importance-of-law-in-the-entertainment-industry/
- https://unilaglawreview.org/2020/05/23/entertainment-law-why-legal-services-are-required-in-the-entertainment-industry/
- https://www.staffordlaw.com/blog/intellectual-property-and-entertainment-law/entertainment-law-why-creative-professionals-need-an-attorney/
