my appearances

A curated episode list by Gordon Firemark
Creation Date May 29th, 2019
Updated Date Updated July 3rd, 2019
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Movietime: Gordon Firemark
Movietime with Graycon Sonata
We talk to the Gordon Firemark. He is an entertainment attourney from California and has a great podcast of his very own. We will be talking all things legal and about that podcast this evening and we will be demystifying the legal grounds in our industry from all aspects. I spent the first part of my career working behind the scenes in theatre, film and television, then I became an attorney, and as an entertainment lawyer, that's still what I do. I help clients make the deals that bring the creative, business and money elements together to make movies, TV and Broadway shows. Gordon Firemark bio I am expert in matters pertaining to the entertainment industry, particular theatre, film, television and music. Intellectual Property law is my forte'. In L.A, and around the country, I'm THE theatre lawyer. I probably have more theatre experience than any other entertainment lawyer you've ever met. I teach lawyers about theatre law. I'm also an experienced theatre producer, with several musicals and straight plays under my belt. Specialties:Theatre, Film, Television and Music Intellectual Property
Gordon Firemark and Crowdsource Funding
The Spotlight Seasons 6 - 8
We sit down with entertainment lawyer Gordon Firemark and machinima film maker Peter Blood Desperate Measures Part 1 "Sacrifice" http://www.youtube.com/watch?v=hmt4yBlas18. Host: Kinte Co-host: RammZee, Graycon Sonata & Chris Teoxis Guests: Gordon Firemark & Peter Blood Engineer: themonk Show: Gordon Firemark & Peter Blood (7x03) 6/20/13 Crowdfunding (alternately crowd financing, equity crowdfunding, crowd-sourced fundraising) explains the collective effort of individuals who network and pool their money, usually via the Internet, to support efforts initiated by other people or organizations.[1][2] Crowdfunding is used in support of a wide variety of activities, including disaster relief, citizen journalism, support of artists by fans, political campaigns, startup company funding,[3] motion picture promotion,[4] free software development, inventions development, scientific research,[5] and civic projects.[6] Crowdfunding can also refer to the funding of a company by selling small amounts of equity to many investors. This form of crowdfunding has recently received attention from policymakers in the United States with direct mention in the JOBS Act; legislation that allows for a wider pool of small investors with fewer restrictions.[2] While the JOBS Act awaits implementation, hybrid models, such as Mosaic Inc., are using existing securities laws to enable the public in approved states to invest directly in clean energy projects as part of a crowd. Crowdfunding has its origins in the concept of crowdsourcing, which is the broader concept of an individual reaching a goal by receiving and leveraging small contributions from many parties. Crowdfunding is the application of this concept to the collection of funds through small contributions from many parties in order to finance a particular project or venture.[7] Crowdfunding models involve a variety of participants.[8] They include the people or organizations that propose the ideas and/or projects to be funded, and the crowd of people who support the proposals. Crowdfunding is then supported by an organization (the "platform") which brings together the project initiator and the crowd. #134 Crowdsource Funding (7x03) 6/20/13 Gordon Firemark bio http://firemark.com/ Gordon Firemark is an attorney whose practice is devoted to the representation of artists, writers, producers and directors in the fields of theater, film, television and music. He is also the producer and host of Entertainment Law Update., a podcast for artists and professionals in the entertainment industries. His practice also covers intellectual property, cyberspace, new media and business/corporate matters for clients in the entertainment industry. He is the author of The Podcast, Blog and New Media Producer’s Legal Survival Guide. Mr. Firemark is President of the Board of Directors of The Academy for New Musical Theater. In the past he has served on the Boards of Governors of The Los Angeles Stage Alliance, (the organization responsible for the annual Ovation Awards for excellence in Theater) and the Beverly Hills Bar Association, where he served as liaison to the Association’s Entertainment Law Section (of which he is a former chairman). Mr. Firemark holds a B.A. in Radio, Television and Film from the University of Oregon, and earned his law degree at Southwestern University School of Law. Before opening The Law Offices of Gordon P. Firemark, Mr. Firemark was a partner with the Business Affairs Group, a boutique entertainment law firm in Los Angeles. He has also worked in the legal and business affairs departments at Hanna Barbera Productions and the MGM/UA Worldwide Television Group, and started his legal career as an associate at Neville L. Johnson & Associates, a West L.A. firm specializing in entertainment litigation. Gordon is an alumnus of the Commercial Theatre Institute, and an accomplished producer of stage plays and musicals. He serves as CEO of Fierce Theatricals, which produces small cast musicals, cabaret shows and regional tours. He has been involved with the entertainment industry in one way or another since his youth as a sound, lighting, and special effects technician in the theater. Prior to becoming an attorney, he worked in the television industry, producing and directing live sports telecasts, public affairs programming commercial announcements, documentaries, and industrial videos. Mr. Firemark teaches Business Law at Loyola Marymount University and Theatre Law in the innovative Online Entertainment LLM program at Southwestern Law School. He has also offered courses in Theater Law at Cypress College, and Entrepreneurial Studies at California Institute of the Arts. Mr. Firemark has served as a moderator and featured panelist at seminars sponsored by the Beverly Hills Bar Association, California Lawyers for the Arts, Theater LA, and the Oregon Artist’s Rights Coalition. He has also been a guest lecturer at Southwestern University School of Law, Loyola Law School, California Western School of law, UC Irvine, and California State University, Northridge.
A Legal Q&A with Gordon Firemark
The DV Show - Video Production Just Got Easier
If you’re producing videos, it is crucial to be aware of the laws involved. Yeah, yeah…we know it’s boring to talk about. Creative types tune out from this stuff.
The Best of Podcasters |  Gordon Firemark
The Biggest Win Sales Podcast w/ Alexander Laurin
Gordon Firemark joins the Podcaster's Life to discuss his entertainment law practice and his podcast. Having managed three podcasts, he knows much about set up, delegation, and efficient post production. He began his podcasting journey in 2008, and soon discovered that podcasting was an opportunity to teach.  Gordon has had his struggles, but he has found solutions, and he offers some advice to the veteran Podcaster.
Ep107 - Gordon Firemark
Hollywood Close-Up
Natalie sees Janet Jackson in concert and Wayne's back and guess what…he's talking Star Wars. Entertainment lawyer and podcaster Gordon Firemark joins them in studio for some juicy legal talk. Featuring Music – Shevyn Roberts Guest Links Website: http://firemark.com Twitter: https://twitter.com/gfiremark Guest Promo Product 1: Power Podcasting for Lawyers Product 2: Theatre Producer Academy
Episode 95 - Entertainment Lawyer Gordon Firemark
Crushing Debt Podcast
Welcome to the first Crushing Debt Podcast of 2018! In Episode 95, I interview Gordon Firemark, an attorney for the past 25 years, who helps artists, writers and producers achieve their dreams. Gordon is also a podcaster.  His show is The Entertainment Law Update Podcast.   Gordon and I discuss Entertainment Law and Intellectual Property Law (copyrights and trademarks). Gordon also has The Law Podcasting Podcast - how to help attorneys create manage and promote their own podcast (I was a guest on that show). Finally, Gordon has a course on how to protect your online course and seminar, as well as a ton of other material on entertainment law and intellectual property law. If you have specific questions, please contact me at Shawn@YesnerLaw.com or www.YesnerLaw.com  
Keeping Your Podcast Legal - Gordon Firemark
School of Podcasting
In this episode we are joined by Lawyer Gordon Firemark who produces multiple podcasts that include, Entertainment Industry Insights, Entertainment Law Update, and  The Law Podcasting as well as his own course that teachers lawyers how to podcast at Lawpodcasting.com. He is the author of the book The Podcast, Blog & New Media Producer's Legal Survival Guide: An essential resource for content creators (amazon) or if you want the pdf of the book go to http://www.podcastlawbook.com/ Today we talk about: How Gordon got into entertainment law How to register a trademark. How a trademark is your brand. Here is the US Patent and Trademark Office Website  www.uspto.gov Understanding Copyright When is it OK to play music in your podcast? How do you avoid being sued for slander? Fair Use (Gordan has a great video about this on YouTube) Tips on Negotiating contacts Dave explains how he got fined for using an image from images.google.com (so yes, you can get busted) How to avoid "Defaming" someone. Release forms. podcastrelease.com is a free example (email address required). How he found his co-host. How lawyers are using podcasting to get more clients. Affiliate links. copyright.gov dmca agent Gordon (like Dave) recommends the Audio Technica 2100  microphone   Because of My Podcast Dave Hooper of Red Podcast- I am Much Smoother on the Microphone when I'm doing promos for my radio show Ryan K park of Foodcraftsmen.com was much more confident when he appeared on the local news   Question For the Audience I've heard about Manage WP and CMS Commander, InfiniteWP,  WPRemote, iContrlWP,  iThemes Sync, but I've never used any. If you have any insights I would love to hear them. If you have any insights that would allow you to update multiple sites from one location (and I'm not looking to get into WordPress Multi-site ). Free Podcasting Puzzle Webinars The  Ultimate Podcasting 101 Live Webinar I will be holding three webinars as we prepare for registration to open at the School of Podcasting June 1. It's call "Understanding the Podcasting Puzzle" and you can sign up to get the links to the LIVE not pre-recorded) webinars. Here are the dates to attend: Saturday May 21 1 - 2 PM EST Wednesday May 25th 8-9 PM EST Saturday May 28th 1 -2 PM EST Go to podcastingpuzzle.com for more information on attending.    
195 Gordon Firemark - Podcasting and Legalese
Podcast Junkies
04:26 – Harry welcomes Gordon Firemark to the podcast 04:48 – Gordon talks about the technology he uses to record on 05:35 – Gordon’s theatre background 09:22 – Tips Gordon would give to podcasters who use multiple microphones 10:39 – Gordon and Harry discuss their favorite theatre shows 13:21 – Continuation errors in television and movies 14:34 – Gordon’s legal background 15:30 – What Gordon learned from working in the entertainment industry 16:20 – Entering into entertainment law 19:11 – Why Gordon prefers to work alone 20:06 – The first time Gordon heard the term ‘podcast’ 21:14 – The inspiration behind Gordon’s podcast 24:15 – Harry urges the audience to listen to The Feed Podcast 26:01 – The specific format of Gordon’s podcast 28:39 – The relationship with the listener 30:14 – Gordon discusses interacting with listeners of his podcast 31:09 – How Tamara became Gordon’s co-host 34:33 – The dynamic between Gordon and Tamara 38:05 – How Gordon decides which stories get coverage on his podcast 39:48 – Recent cases that Gordon has been covering 43:07 – Gordon discusses representing podcasters 45:02 – The biggest legal misconceptions podcasters have about copyrights 47:29 – Harry talks about one of his clients who wanted to use a specific song in his podcast 50:13 – Gordon speculates about a second podcast project he may pursue 51:56 – What is something Gordon has changed his mind about recently 53:20 – What is the most misunderstood thing about Gordon 54:52 – Where listeners can follow Gordon and his podcast Click here to subscribe on your favorite podcast app!Does your podcatcher support chapter marks? They're embedded here as well!★ Support this podcast on Patreon ★
GDPR for Coaches (with Gordon Firemark)
Coach Pep Talk
Gordon Firemark is lawyer specialising in entertainment law and new media. In this episode, he gets us coaches up to speed with the new EU General Protection Regulations(GDPR). Learn what you need to do by May 25, 2018 to comply with the regs - even if your coaching business has little to do with the European Union! Links: Show Sponsor - Life Coach Office https://lifecoachoffice.com Watch Gordon's free online course - GDPR For Digital Entrepreneurs https://www.gordonfiremark.com Join the Universal Coaching Systems Ecosystem https://universalcoachingsystems.com
Copyright and Trademark Law with Gordon Firemark
2 Regular Guys Talking Decoration
Have you ever wondered if a free design was actually free? What are the rules when it comes to art, digitizing and navigating the trials and tribulations of copyright and trademark law? Well the 2 Regular Guys are excited to have attorney, Gordon P Firemark joining us to figure out these questions and more. Gordon is an experienced attorney who also is the producer and host of Entertainment Law Update, a podcast for artists and professionals. Don’t miss your chance be involved in this conversation! Thanks for listening and we pleased to bring you this weekly show without major rants, lecturing or selling. We would love for you to visit our web page at 2Regularguys.com to check out show notes with lots of great links and additional information, plus suggest some topics you would like to learn more about. Do that through our contact us page or through our social media outlets @2RegularGuys.
Lawyers, New Media and Podcasting – Gordon Firemark
Jim Palmer's Stick Like Glue Radio
Stick Like Glue Radio #219 On this special episode of Stick Like Glue Radio I interview entrepreneur, author and entertainment attorney Gordon Firemark. Gordon is passionate about providing practical, legal and strategic advice to his clients and shares many nuggets on this call. Don’t miss this powerful show! Download MP3 Connect with Gordon Firemark on... Read more » The post Lawyers, New Media and Podcasting – Gordon Firemark appeared first on Jim Palmer.
AOL 017: Gordon Firemark the Podcasting Lawyer
Building a Law Firm
This week’s interview is with lawyer Gordon Firemark. Gordon is an entertainment lawyer who has a passion for podcasting. In this episode we talk about how to start a law firm, how to break into entertainment law, how to start a podcast, and so much more. One of the things I loved about this interview was Gordon’s honesty when it comes to the difficulties associated with starting a law firm and what he did to overcome them. Don’t miss out, this is an awesome interview! Resources Gordon’s Law Podcasting Podcast site – CLICK HERE Access to Gordon’s starting a podcast course – CLICK HERE Gordon’s Book Recommendation – “Work the System” Gordon’s Law Firm Website – CLICK HERE My before and after Law Firm Confidential sales pages – CLICK HERE Book I’m reading right now – “Success Principles” by Jack Canfield Have a question you want answered on the podcast? I’m always looking for questions to answer on the podcast. If you’ve got one don’t hesitate, just hit the comment button below and ask. I collect all the comments and will answer your question on the next podcast episode. Cheers!
Marketing through Podcasting with Gordon Firemark
Innovation in Compliance with Tom Fox
What do you get when you mix podcasting with the law? Joining us on this episode is Gordon Firemark, an attorney in Los Angeles with a background in entertainment and podcasting law, and a podcaster himself. Find out how you can use podcasting to ethically market your firm, and how to protect yourself legally in this space. The growth of podcasting It’s developed as a really remarkable communications tool but is still underutilized in many ways. It’s very exciting and a great opportunity for lawyers and businesses that are looking to reach their audiences in a different yet very powerful and effective way.Legally, the issues are similar to the media law area: intellectual property, ownership, business entities, partnerships that happened by accident. There was once a major case where somebody filed a patent on podcasting technology, but now it’s been resolved. Hopefully, that opens things up for people to start using it as a medium.A marketing tool Because Gordon does the show every month, that means SEO is fantastic and their website is easily discoverable. Audiences also get to hear your voice, get a sense of who you are, and can hear that you are knowledgeable and an expert in your field. This leads to a lot of international referrals — and not to mention, it’s a lot of fun and a great way to get the word out. Objections and answers Gordon takes on a few common questions would-be podcasters have:“When does podcasting become attorney advertising that’s subject to regulation in my state?”“It takes too much time.”“What if I make a mistake on air?” “I’m nervous about being on the microphone.”Short form podcasts People love short form content. It’s great customer outreach, and it’s a great opportunity for companies to reach their employees with updates, as well. People can listen at their desk, or, since it’s mobile, they can listen on their phone from wherever they are. For example, a CEO could become an even bigger celebrity in his company by doing a five-minute morning podcast!The future of podcastingGordon sees more disputes on the horizon, especially as it concerns the use of third party content. Unlicensed music has become a big issue. Many podcasters don’t understand the legalities of using music for digital streaming, and Gordon is hoping to develop a streamlined approach to licensing music for podcasters to use in their shows.Another thing coming up is ownership disputes. Podcasting is maturing to the point where people are breaking up fighting over the podcasts they started together. We’re going to start seeing cases involving the right of a person to control the use of their name, likeness, and persona.Podfest teaserGordon is speaking at Podfest on a panel with two other lawyers. They’ve broken up the subject matter into different legal issues (e.g. intellectual property, copyright, trademarks and patents, ownership), with a lot of time for Q&A. They’ll also be talking about branding — with a lot of podcasts about things like TV shows and movies, it’s potentially a lot of hot water to fall into. ResourcesGordon Firemark | Entertainment Law Update | Law Offices of Gordon P. Firemark | The Podcast, Blog & New Media Producer's Legal Survival Guide Learn more about your ad choices. Visit megaphone.fm/adchoices
Law Podcasting Episode 0 – Inaugural with  Host Gordon Firemark
The Law Podcasting Podcast
Gordon Firemark In this inaugural episode I’m going to tell you about my own journey to podcasting. Who I am I am Gordon Firemark. I have background as an audio technician in theatre, and then in TV production before I became an attorney.  I first got the bug to work on live theatre in 7th grade, when I was invited by our school Principal to run the sound for a school variety show. And that what makes me interested in microphones, mixing boards and sound effects. That’s a background that I bring to this podcasting but honestly,  it isn’t necessary that podcasters have that set of skills. This is something that anyone who listens to the radio, or any spoken word kind of material will be able to hang on very quickly. Sound Guy to Lawyer to Podcaster Anyway, I began my life as a “sound guy” — sound, lighting, and live theatre. And later in College, I became a major in Radio, Television, and Film. After stints in theatre, journalism, and fine art photography, I ended up doing television production. During my senior year in College, I discovered an aptitude for the legal and regulatory and management side of the television and film businesses. And so, I was encouraged by my professors to consider law school.  I didn't go right away, but eventually the Writer's Guild went on strike, and work in film and TV was scarce.  So,  I attended Southwestern School of Law and I graduated in the Spring in 1992 along with massive class of lawyers that been seduced to by the television show “L.A. Law”.   After Law School, I did manage to find a position in a small entertainment litigation boutique. And then shortly thereafter, in the winter of 1993, I went out on my own as a solo. I’ve been practicing transactional la in the fields of theatre, film, television, and new media ever since. Podcasting I started podcasting around 2005 or 2006. I was invited by a gentleman who was doing a show targeted at professional videographers, to do a question and answer series with him on his show. And that evolved into a regular show called “The Law and Video”, in which we fielded listeners questions about legal topics related to production and distribution of media content specifically in videos. I was the guest expert and this other fellow did all the production.  Eventually, he decided not to continue with the question and answer series, so I decided to do it myself. In 2008, I launch my own show called “Entertainment Law Update”. And in 2010, I wrote a book called “The Podcast Blog, and New Media Producer’s Legal Survival Guide”. Since then, as a new media lawyer,  I've  also had the great pleasure to have helped a number of well-known podcasters and podcasting networks to launch,  mostly from the  business and legal side. Launching Entertainment Law Update So, How did I start doing my own show? I listened to some other podcasts to get some ideas and I also did research and read articles from the internet. And the background that I have in production helped me to figure out a workflow. I bought some equipment.  It was pretty expensive at that time, but today that is no longer an issue since there are now great and affordable products out there that make podcasting accessible and easy. I also read a bunch of podcasting books. And I also listened to other well-known podcasting gurus. How to Podcast Podcast's from Cliff Ravenscraft, The Podcast Answerman, and another one, by Daniel J. Lewis who has a show called “The Audacity to Podcast”. Those two were sort of where I got a lot of my early instructions in how to set up things and make it work. So what I did then is I sought out a co-host. I wanted to have a co-host because I wanted a back and forth, give and take, and a multiple personality, flavor to things.   So I posted on Twitter asking if anyone could recommend a co-host. And I got several recommendations for a woman named Tamara Bennett. Tamara is a music lawyer in the Dallas/Fort Worth area of Texas. I made contact with her and invited her to join in as my co-host. The way we decided to do our podcast way back 2008 was to offer CLE credit in California and in Texas, at least to our listeners to side up and pay us  small fee for the credit. We offered CLE credit for our first three years but then the return of investment wasn’t making sense. So through all this experience, I've  developed a few keys to success in podcasting. And that’s what I want to share with our listeners. Podcasting isn’t that hard, but it’s a little bit technical and so following a recipe or checklist is really the key. I have actually created a course that lays out a step by step plan of action that will get you up and running with the podcast. The keys to podcasting to success really are consistency and frequency. The workflow of Entertainment Law Update is a pretty good model.  We plan and produce the show over the course of each week and then round it all at the end of the month and turn it into an outline for the show. Each week we read blogs and news everyday and then we flag stories that we want to include… and then we ask our interns to brief the cases and stories,  schedule a Skype call when we get together and record the show. The way that I've developed for doing a show and the one that I teach is one that involves very little editing or post-production. We sweeten up the sound a little bit, give it a little more punch, give it a little more balance and then we post the episode, publish our show notes on the website and up it goes.  And that’s the Entertainment Law Update podcast. And I also have a couple of other shows that I’ve done. One is called “Entertainment Industry Insights” in which I interview leaders in the field of entertainment. The results that I have achieved by doing my these shows have been really tremendous. They have essentially positioned me as an authority in the field of entertainment law. It has given me a great deal of visibility.  It forces me to stay up on current cases and developments and that’s  made me a better lawyer.  Plus, it gives me an excuse to connect with guests and experts.And finally, although my show isn’t totally targeted at prospective clients, the fact is that my clients often do listen before they will initiate a contact with me. For me, it’s been tremendously satisfying, tremendously rewarding, and it’s been a real marketing booster.  So I want to share the wealth and teach other lawyers how they can use podcasting as a tool. So are you thinking about starting a podcast?   Do you already have a show?  If so, I’d like you to join me in my show and share your experiences.   Do you have questions about this medium? It is extremely powerful so i want to encourage lawyers to adopt this as a tool to communicate with clients, prospects and referrals. So please contact me and share your thoughts, experiences, and questions. The website is lawpodcaster.com And we also developed that course that i have mentioned.  It is at is at lawpodcasting.com. And if you head over to  lawpodcasting.com right now, you can get a free copy of the lawpodcasters resources guide that I've assembled. And that will also add you to my mailing list so when we launch the power podcasting for lawyers course, you’ll be on the VIP, early bird notification list. The post Law Podcasting Episode 0 – Inaugural with Host Gordon Firemark appeared first on The Law Podcasting Podcast.
Rex Sikes Movie Beat chats w ent. attorney Gordon Firemark
Rex Sikes' Movie Beat
Gordon Firemark began his career working behind the scenes in film, television and theatre.  Now, as an entertainment lawyer, that's still what he does.  As an attorney whose practice is devoted to the representation of clients in film, television and theatre, he helps producers, directors, writers, actors and other industry professionals make deals that make sense, and that get their productions developed, financed, produced and distributed.   His practice also covers intellectual property, cyberspace, new media, business, and corporate matters for clients in the entertainment industry. As the producer and host of the Entertainment Law Update Podcast, he provides a monthly roundup of news and commentary about the field of entertainment law for artists and professionals in the industry.  He also teaches producers, business people and lawyers about entertainment legal issues at Loyola Marymount University, Southwestern Law School and  the Theatre Producer Academy. Mr. Firemark holds a B.A. in Radio, Television and Film from the University of Oregon, and earned his law degree at Southwestern University School of Law.   Before starting his own firm, he was a partner in The Business Affairs Group, and worked in the legal and business affairs departments at Hanna Barbera Productions and the MGM/UA Worldwide Television Group. Gordon lives just outside of Los Angeles with his wife, two small children, a cat, and a mortgage. Stay tuned to Rex Sikes Movie Beat for other great archived interviews, cast and crew listings, events, festivals, premieres, and more at rexsikes.com
STFP 010: Maintaining A Legal Podcast With Gordon Firemark
Start To Finish Podcasting
Ever thought about what you can and cannot put in your podcast? Todays we are joined by Gordon Firemark (Entertainment Law Update Podcast). In this episode Gordon discusses the legal questions we all have about keeping our podcast legal. Okay so I will be the first to ask, how many of you have inserted music in your podcast knowing that you had to get permission to do so? How many of you have place music in your podcast but did not or still don’t know that you must have permission from the owner to use their work? Podcasters across the spectrum are using music that they are not supposed to use. This can have very scary legal and financial consequences. If you are using music that you did not obtain permission for you may want to either get permission or TAKE IT DOWN to save yourself financial and costly legal battles in court. Today’s show notes are dedicated to helping you understand the legality consequences to using an owner’s work without permission. Also this does not only pertain to music. It pertains to artwork, movie snips and even written material. There are a number of podcasters who claim “Fair Use” however that defense is not always a defense as if you clam fair use you are admitting to using someone’s material. Below you will find links to the resources that were mentioned in this episode. Gordon Firemark provided great value in this episode and we are fortunate to have additional value through his podcast, blog and courses. Podcast Resources: Search Here For Podcast Inquiries For Checking Podcast Name Trademarks www.uspto.gov Resources From Gordon Firemark: “The podcast Blog and New media producer’s survival guide” www.podcastlawbook.com Are You A Lawyer Wanting To Start A Podcast? If you are a lawyer who is thinking about starting a podcast Gordon Firemark has a course just for you. The Power Podcasting For Lawyers course is available at www.lawpodcasting.com. This course is targeted mainly for lawyers and professionals. Entertainment Law Update Podcast For the latest entertainment law news be sure to listen to tune in to Gordon Firemark’s Entertainment Law Update Podcast at www.entertainmentlaw.com or find it at www.firemark.com.  
Gordon Firemark : Entertainment Law Update – 2017 year in review
Attendee Highlight Feed
  SHOW NOTES Breaking News:​ 2nd Circuit affirms lower court ruling against 100% licensing. BMI scores a big win. https://www.billboard.com/articles/business/8071046/court-appeals-fractionalized-licensing-songwriters-publishers-reactions   GRONKING TO REMEMBER (FOLLOW UP) http://www.trademarkandcopyrightlawblog.com/2017/11/a-gronking-to-remember-plaintiffs-lose-right-of-publicity-appeal/   BIG PIMPIN’ FOLLOW UP https://www.hollywoodreporter.com/thr-esq/big-pimpin-appellate-arguments-focus-labels-1065847   COMICON IS TRADEMARKED https://io9.gizmodo.com/san-diego-comic-con-wins-lawsuit-over-comic-con-tradema-1821150395 Jury sides with San Diego Comic-Con in lawsuit against Salt Lake Comic Con http://www.sltrib.com/news/2017/12/09/jury-sides-with-san-diego-in-comic-con-trademark-infringement-dispute/ https://www.forbes.com/sites/robsalkowitz/2017/06/30/comic-con-trademark-battle-escalates-as-trial-looms/4/#79eb3108332e   YEAR IN […]
Opportunity to Teach: Gordon Firemark & Entertainment Law Update
Best of Podcasters & The Book on Podcasting
Gordon Firemark joins the Podcaster's Life to discuss his entertainment law practice and his podcast. Having managed three podcasts, he knows much about set up, delegation, and efficient post production. He began his podcasting journey in 2008, and soon discovered that podcasting was an opportunity to teach.  Gordon has had his struggles, but he has found solutions, and he offers some advice to the veteran Podcaster.
Rex Sikes Movie Beat chats with Gordon Firemark PT 2
Rex Sikes' Movie Beat
Gordon Firemark began his career working behind the scenes in film, television and theatre.  Now, as an entertainment lawyer, that's still what he does.  As an attorney whose practice is devoted to the representation of clients in film, television and theatre, he helps producers, directors, writers, actors and other industry professionals make deals that make sense, and that get their productions developed, financed, produced and distributed.   His practice also covers intellectual property, cyberspace, new media, business, and corporate matters for clients in the entertainment industry. As the producer and host of the Entertainment Law Update Podcast, he provides a monthly roundup of news and commentary about the field of entertainment law for artists and professionals in the industry.  He also teaches producers, business people and lawyers about entertainment legal issues at Loyola Marymount University, Southwestern Law School and  the Theatre Producer Academy. Mr. Firemark holds a B.A. in Radio, Television and Film from the University of Oregon, and earned his law degree at Southwestern University School of Law.   Before starting his own firm, he was a partner in The Business Affairs Group, and worked in the legal and business affairs departments at Hanna Barbera Productions and the MGM/UA Worldwide Television Group. Gordon lives just outside of Los Angeles with his wife, two small children, a cat, and a mortgage. Stay tuned to Rex Sikes Movie Beat for other great archived interviews, cast and crew listings, events, festivals, premieres, and more at rexsikes.com
AML 089: (Exclusive Interview) Gordon Firemark: Attorney, Producer & Host Entertainment Law Update
The Africa Music Law™ Show | Music Biz & Entertainment Law
Gordon Firemark spent the first part of his career working behind the scenes in theatre, film and television, then he became an attorney, and as an entertainment lawyer, that’s still what he does. He helps his clients make the deals that bring the creative, business and money elements together to make movies, TV and Broadway shows. He is recognized for ... The post AML 089: (Exclusive Interview) Gordon Firemark: Attorney, Producer & Host Entertainment Law Update appeared first on Africa Music Law™.
Turning a podcast into a business (with Gordon Firemark) – TAP080
The Audacity to Podcast
<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN" "http://www.w3.org/TR/REC-html40/loose.dtd"> Want to earn money, get tax benefits, or gain press access with your podcast? Then you need these legal answers with Gordon Firemark. He also shares what to do when you get a lawyer letter. Your podcast may already be a business If you are making any money from your podcasting (even affiliates or Google adsense), that will look like a business. Know your local laws, because you may need to register your business with the county and get a specific business license. Tax benefits from podcasting Scott Eiland from the Baseball Experience Podcast asked about getting tax benefits from podcasting. Gordon Firemark isn't a tax professional and recommends that you consult a tax professional. But from the legal perspective, the IRS will look at whether you're making legitimate effort to treat your podcasting as a business. Making a few dollars a year from Adsense may not make you look like a business and able to deduct all your expenses, but this may be treated differently at different levels of taxing. You don't have to form a business entity in order to podcast as a business. If you file as a business, you may need to raise capital and have liability Two reasons to form a business entity: insolation from liability, and raising capital. There may be further financial benefits to incorporating your podcast as a business entity, but you should consult a tax professional about this. There are essentially three ways someone may trying to turn their podcast into a business: 1. You have a full-time job, podcast in the evening, and have affiliate links Generally, treat this as a hobby and don't deduct your expenses. But your local government may require you to register as a business for tax or zoning (business from your home property). Most affiliate programs can send payments to you as an individual. The most important part of this is including the affiliate income in your tax filing. 2. You have your own business and podcast on the side, as a marketing arm of your business Treat this as an extension of your business, if you are truly using it to benefit your business. Again, talk to a tax professional about how you should track these deductions. 3. You podcast as your business, or get paid specifically for podcasting This is a business, and you may want to consider incorporating to protect yourself from liability. An LLC is very popular for this model. It comes down to two issues: Is this an actual business, or just a hobby? Are you making money from it? (If yes, then it's most likely a business.) Consider a different picture like skiing. Unless you're a professional skier and are paid to ski or teach skiing, it's most likely a hobby. Are we journalists/press? Yes, no, and maybe! Some states have a “reporter's shield law,” which provides many protections to journalists. But to qualify, you must demonstrate that you're a journalist. Simply blogging or podcasting doesn't instantly turn you into a journalist. You have to behave like a journalist. You usually have to demonstrate a reputation and sizable trusting audience. What does the evidence show? Are you acting, looking, and being perceived as a journalist? I have personally had two experiences being approved as press. For movie screenings, my reputation of quickly releasing previews to assist the publicity of the movie was enough to consider me as press. For Once Upon a Time, I had to demonstrate to ABC that I have a very popular site with a large audience and was speaking positively about the show. Do we need a profit-sharing contract with cohosts? If you have cohosts on your podcast and make money directly from your podcast, you may want to consider a contract for sharing the profit. This isn't required, but it's a good idea. This may look like either a partnership or as paying independent contractors. For example, you could say, “I will pay you ___% of what our podcast earns, after expenses.” Sharing profit isn't even required, but you and your cohosts should have an understanding of how income will work. You could be sharing either the net or gross profit. What to do if you get a letter from a lawyer The infamous “nastygram.” You have to deal with any claim from a lawyer about infringements. Be careful not to respond too quickly, unless its a DMCA takedown notice. These are part of the Digital Millenium Copyright Act and have designated deadlines and penalties for infringements. If it's not a DMCA takedown notice, then take your time and follow Gordon's advice from The Podcast, Blog & New Media Producer's Legal Survival Guide: Don't panic Don't overreact Notify your insurance provider Don't respond too quickly Don't underreact—do respond and deal with it Be prepared for what may come next—a lawsuit from either them or you Monetizing your podcast There are some legal considerations for Sponsorship—getting paid to include ads or endorse a product. This is usually obvious that you're getting paid. Affiliate relationships—earning commissions by referring sales to another business. Affiliate relationships must be disclosed, even if they're testimonials. Paid subscriptions—selling access to your content. Learn more about making money with your podcast. About Gordon Firemark Firemark.com The Podcast, Blog & New Media Producer's Legal Survival Guide Entertainment Law Update podcast Follow @GFiremark Podcasting news: Google+ Hangouts On Air now allows live-streaming to YouTube and embedding on your own website. http://www.youtube.com/watch?v=ohlHn6Kt5YM I'm getting Adobe Audition in my Adobe Creative Cloud subscription and will soon host a review of Audition versus Audacity. I'm speaking in the Podcasting 101 track at BlogWorld NYC! Please join me at BlogWorld in New York City on June 5–7. I'll be one of the panelists in the Podcasting 101 track and presenting on the last day of the conference. Register for BlogWorld NYC for the early discount! Use promo code “PodLewis10” to save 10% off your admission. Daily podcasting photos blog series For the month of May, I'm blogging a daily photo with tools, tips, or cool things related to podcasting. Subscribe to the blog via RSS or email so you won't miss this fun series! Please retweet this post! Use the social buttons or retweet the following. Turning a blog or podcast into a business (with @GFiremark) http://t.co/hstUIOm6 — Daniel J. Lewis (@theDanielJLewis) May 7, 2012 Need personalized podcasting help? I no longer offer one-on-one consulting outside of Podcasters' Society, but request a consultant here and I'll connect you with someone I trust to help you launch or improve your podcast. Ask your questions or share your feedback Comment on the shownotes Leave a voicemail at (903) 231-2221 Email feedback@TheAudacitytoPodcast.com (audio files welcome) Connect with me Subscribe to The Audacity to Podcast on Apple Podcasts or on Android. Join the Facebook Page and watch live podcasting Q&A on Mondays at 2pm (ET) Subscribe on YouTube for video reviews, Q&A, and more Follow @theDanielJLewis Disclosure This post may contain links to products or services with which I have an affiliate relationship and may receive compensation from your actions through such links. However, I don't let that corrupt my perspective and I don't recommend only affiliates.
061: Copyright, Trademarks & Other Legal Matters for Writers and Authors (w/ Gordon Firemark)
The Art & Business of Writing
Gordon Firemark is an expert in matters pertaining to the entertainment industry, particular theatre, film, television and music. Intellectual Property law is his forte’. On this episode, Gordon will talk about copyright laws writers and authors need to know, what fair use is when quoting sources in your book, how to protect your intellectual property, how to become book publishing contract savvy, what constitutes a legally binding contract, and more. In this episode, Gordon discusses: Music rights for podcasters What writers and authors need to consider when starting their businesses Copyright, public domain, and fair use laws Permission rights for using excerpts of other people’s work (including religious texts) in your books Legal savvy for freelancers Why you should talk to an attorney before signing a book contract Protecting yourself when writing a memoir Book titles and trademark laws What the law says on writing biographies of famous people Resources Mentioned: The Podcast, Blog & New Media Producer’s Legal Survival Guide: An essential resource for content creators – Gordon’s Book Get to Know Gordon: Website Facebook Podcast LinkedIn Twitter Let’s Hear from You: Leave a comment below Message me on Twitter Join my Facebook Group Share this show on Twitter or Facebook Leave a review on iTunes   Subscribe to The Art & Business of Writing Podcast: iTunes Stitcher Google Play iHeart Radio Get Notified on New Episodes and Other News: The post 061: Copyright, Trademarks & Other Legal Matters for Writers and Authors (w/ Gordon Firemark) appeared first on Chris Jones.
Success strategies of top performers in creative businesses with Gordon Firemark
Wedding Video Boss
Video of the episode is here: https://youtu.be/uZjRcnrbgNg Gordon Firemark is a lawyer, educator and entrepreneur. For 27 years practicing entertainment and media business law, he has helped creative business owners develop, finance, produce and distribute their projects, negotiating deals, managing intellectual property, and more generally serving in the role of trusted advisor. Frequently referred to as “The Podcast Lawyer”, and is the author of The Podcast, Blog, & New Media Producers’ Legal Survival Guide, and is a podcaster himself, producing and hosting “Entertainment Law Update” (http://entertainmentlawupdate.com), now in it’s 11th year. He is the founder of The Digital Entrepreneur’s Business and Legal Toolkit, a course and template bundle for owners of online businesses, and The Personal Effectiveness Formula, an achievement training and group coaching program for creative professionals who want to get out of their own way and take their careers to higher levels. He is a family man, and lives outside Los Angeles with his wife, three children, three cats, and a dog. Links: Law Firm Website: http://firemark.com Podcast: http://entertainmentlawupdate.com Other Products and Offerings: http://gordonfiremark.com Youtube channel - firemark.tv, where he does his “asked and answered” Q&A series. June 3 webinar – 7 Strategies of Top Performers in Creative Business http://www.gordonfiremark.com/7successstrategies Credits: Want more? Be a patron and get more stuff! https://www.patreon.com/weddingvideoboss The Wedding Video Boss Podcast hosted by Paul Santiago BossIG: www.instagram.com/weddingvideoboss BoffoIG: www.instagram.com/boffovideo Website: www.weddingvideoboss.com For comments & suggestions email me at: weddingvideoboss@gmail.com Special thanks to Ning Wong (@NingWongStudios) for the sexy headshot Music credit Isaac Joel - Azophi and Isaac Joel - Clavius from www.SoundStripe.com
TPS Ep. 038 – Podcasting and the Law – An Interview with Entertainment Attorney Gordon Firemark
The Podcasters' Studio
On this episode I interview entertainment lawyer and podcaster, Gordon Firemark. We talk about the many different legal issues surrounding podcasting and podcasters including copyright, fair use, model releases and much more. Do you know your rights if your original content is taken and used without your permission or violates the copyright you have in […]
Copyright & Trademark Law for Logo Design – An interview with Gordon Firemark
The Logo Geek Podcast
On this weeks episode Ian Paget interviews Gordon Firemark, a practicing attorney from Los Angeles to talk about the legal side of logo design, including the difference between copyright and trademarking, the approach to trademark a logo, what action you can take if your work is copied, how and when to use the right symbols on logos, and the ins and outs of contracts too. Gordon is the producer and host of Entertainment Law Update, a podcast for artists and professionals in the entertainment industries. His practice also covers intellectual property, cyberspace, new media and business/corporate matters for clients in the entertainment industry. Show notes and a full transcription of the interview can be found here: https://logogeek.uk/podcast/copyright-and-trademark-law/ Resources Mentioned  Law Offices of Gordon P. Firemark Digital Entrepreneur’s Business and Legal Toolkit Trademark Electronic Search System (TESS) Thank you to the sponsors I’m incredibly thankful to FreshBooks for sponsoring season 4 of the Logo Geek Podcast! FreshBooks is an online accounting tool that makes it really easy to create and send invoices, track time and manage your money. You can try it out for yourself with a free 30 day trial.
Trademarks for Bloggers and Podcasters (with Gordon Firemark) – TAP078
The Audacity to Podcast
<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN" "http://www.w3.org/TR/REC-html40/loose.dtd"> Show you claim something as a trademark? Do you have to register trademarks? How can we protect trademarks in social media? And more trademark questions answered by entertainment lawyer Gordon Firemark. Sponsor: GoToMeeting with HD Faces makes it easy to collaborate online anytime. Try it Free! What is a trademark A distinctive brand or title to identity a product, service, or company. “Descriptive” titles, like “how to podcast,” are difficult to trademark until it's well-known as associated with a particular company or person. Should we trademark our own stuff? Not individual episode or blog post titles Trademark a “series,” like the website or podcast name How do we claim something as a trademark? Trademark registration gives broader rights and protections to the trademark-owner. But it could cost about $1,000 per trademark. Indicate a trademark with one of these three symbols: ™ Goods or products ® Registered trademark SM A service mark (best for podcasters) How can we protect our trademark? Lanham Act established trademark protection, even if your mark isn't registered, against people competing with you. If someone just uses the descriptive words of your trademark, it's permissible. But if they are titling something with the same trademark, then you have the right to ask them to change it. Sometimes, they'll be respectful, sometimes not. Always start with a pleasant, respectful request. Claiming a trademark means you're obligated to protect it, even an unregistered trademark. If you don't protect your trademark, you'll lose it. What if we haven't indicated our trademarks? The symbols aren't necessary for unregistered trademarks, but it's a recognizable way to notify the world that you're claiming the trademark. But if you have registered your trademark, you are required to indicate the registration. Protecting a trademark in social media Most social-media companies have clear policies for protecting registered trademarks. Often, they'll also respect unregistered trademarks if you can demonstrate you're entitled to it. I've found that other services, like Instagram, have no protections for trademark violations in their service. It's totally first come, first serve. Register your “trademarks” in any legitimate-looking service you find pop up. About Gordon Firemark Firemark.com The Podcast, Blog & New Media Producer's Legal Survival Guide Entertainment Law Update podcast Follow @GFiremark Still upcoming in our law series Privacy policies, disclaimers, and notices Podcasting as a business with tax benefits Podcasting poll: have you registered a copyright or trademark? [poll id=”6″] I'm speaking in the Podcasting 101 track at BlogWorld NYC! Please join me at BlogWorld in New York City on June 5–7. I'll be one of the panelists in the Podcasting 101 track and presenting on the last day of the conference. Register for BlogWorld NYC for the early discount! Use promo code “PodLewis10” to save 10% off your admission. Follow my personal blog, if you care about me How's that for a guilt trip? I've started a personal blog at DanielJLewis.net, sharing thoughts and reviews on technology, social media, web design, freelancing, productivity, personal updates, and everything else I want to talk about that doesn't fit in my many other websites. Please retweet this post! Use the social buttons or retweet the following. Trademarks for Bloggers and Podcasters (with @GFiremark) http://t.co/L6Ip2l4K #podcasting #blogging — Daniel J. Lewis (@theDanielJLewis) April 23, 2012 Need personalized podcasting help? I no longer offer one-on-one consulting outside of Podcasters' Society, but request a consultant here and I'll connect you with someone I trust to help you launch or improve your podcast. Ask your questions or share your feedback Comment on the shownotes Leave a voicemail at (903) 231-2221 Email feedback@TheAudacitytoPodcast.com (audio files welcome) Connect with me Subscribe to The Audacity to Podcast on Apple Podcasts or on Android. Join the Facebook Page and watch live podcasting Q&A on Mondays at 2pm (ET) Subscribe on YouTube for video reviews, Q&A, and more Follow @theDanielJLewis Disclosure This post may contain links to products or services with which I have an affiliate relationship and may receive compensation from your actions through such links. However, I don't let that corrupt my perspective and I don't recommend only affiliates.
009 - NDAs, Contracts, Insurance & Other Legal Tips, Gordon Firemark of Entertainment Law Update
The Product Startup: Product development for small business
Gordon Firemark is an attorney whose practice is devoted to the representation of creative and business people  in the fields of theater, film, television, and new media. He is the producer and host of Entertainment Law Update Podcast and the author of The Podcast, Blog and New Media Producer’s Legal Survival Guide.  In this episode, we get a great introduction to many legal issues faced by small business owners, including Non-disclosure agreements (NDAs)  Contracts - setting boundaries and expectations Advertising - implied endorsements vs. fair-use Trade secrets, patents, trademarks, and copyrights Insurance - general liability, workers compensation Registering an agent for DMCA takedown requests When to DIY, and when to hire a professional How to find and interview your lawyer Links and resources mentioned in this episode Gordon Firemark and Firemark.TV Entertainment Law Update Podcast Negotiate Anything Course The Podcast, Blog and New Media Producer’s Legal Survival Guide Theatre Producer Academy Law Podcasting
39 – Attending Live Documentary Events + Documentary Entertainment Law Conversation with Entertainment Lawyer, Gordon Firemark
The Documentary Life
As a documentary filmmaker, often the idea of having to wrangle talent releases, location releases, crew deal memos, music rights, all seems like a world that is not really ours. That’s for the feature film and television people, right? Wrong. Like, you couldn’t be more wrong.   In fact, having the proper releases and for-use-opinions properly in place could be the difference in you legally being able to get real world distribution and you only being able to show your film to family and friends.  And the best way to do that is to arm yourself with a great entertainment lawyer.  Like, Gordon Firemark, for instance.  And Gordon was so kind as to make an appearance on this episode of The Documentary Life.   Topics Discussed importance of getting legal releases asap definition of Fair Use and how doc filmmakers can and can't use it how doc filmmakers tend to hire entertainment lawyers after-the-fact, and how and why they should be consulting with one well before their project is underway how exclusive story rights work   Attending Live Documentary Events In our first segment, I make the argument for attending live documentary events, such as documentary film festivals, workshops, and weekend retreats.  By attending these types of events, you give yourself the best chance of not only expanding your documentary knowledge, but of meeting other like-minded individuals who often have some of the very same challenges with doc filmmaking and their doc lives that you do!   Related Resources In our conversation with entertainment lawyer, Gordon Firemark, we talk about his Documentary Legal Forms and Contracts Packets that he has put together and made available for sale to the documentary filmmaker.   Both the Starter Pack as well as the Post Production Pack can be purchased by going to www.firemark.com/thedocumentarylife .   Don't forget to use the promo code MYDOCLIFE in order to receive a 25 percent discount!   Ask Gordon a Question! If you've got a documentary legal question for Gordon, ask away in the comments section below and he may answer your question on his Youtube channel!   Subscribe Apple | Spotify | Stitcher |   Rate and Review If you have found value in this podcast please leave a review so it can become more visible to others.  Simply click the link and then click on the Ratings and Reviews tab to make your entry.  Thank you for your support!    
How to Build a Lifestyle Law Practice with Entertainment Lawyer Gordon Firemark [GWL 27]
The Gen Y Lawyer Podcast
Sign up for our newsletter and receive your free copy of “7 Ways to Shake Things Up as a Young Lawyer (Plus 1 That Will Completely Change the Game). Gordon is a Los Angeles entertainment law attorney who helps creatives and business people in the entertainment industry bridge the gap between the creative mindset and business mindset. […] The post How to Build a Lifestyle Law Practice with Entertainment Lawyer Gordon Firemark [GWL 27] appeared first on The Gen Why Lawyer.
Turning a podcast into a business (with Gordon Firemark) – TAP080
Noodle Mix Network [all-inclusive feed]
Want to earn money, get tax benefits, or gain press access with your podcast? Then you need these legal answers with Gordon Firemark. He also shares what to do when you get a lawyer letter.
AML 089: (Exclusive Interview) Gordon Firemark: Attorney, Producer & Host Entertainment Law Update
The Africa Music Law™ Show | Music Business & Entertainment Law
Gordon Firemark spent the first part of his career working behind the scenes in theatre, film and television, then he became an attorney, and as an entertainment lawyer, that’s still what he does. He helps his clients make the deals that bring the creative, business and money elements together to make movies, TV and Broadway shows. He is recognized for ... The post AML 089: (Exclusive Interview) Gordon Firemark: Attorney, Producer & Host Entertainment Law Update appeared first on Africa Music Law™.
Trademarks for Bloggers and Podcasters (with Gordon Firemark) – TAP078
Noodle Mix Network [all-inclusive feed]
Show you claim something as a trademark? Do you have to register trademarks? How can we protect trademarks in social media? And more trademark questions answered by entertainment lawyer Gordon Firemark.
1182:Gordon Firemark helps artists, writers, producers and directors achieve their dreams in the fields of theater, film, television and new media
#12minconvos
Gordon Firemark- Gordon Firemark helps artists, writers, producers and directors achieve their dreams in the fields of theater, film, television and new media.  Since his admission to practice in 1992, he has focused his attention on providing sound practical, legal and strategic advice to his clients so they can make smart deals, grow their businesses, and do great things. Gordon is  the producer and host of Entertainment Law Update., a podcast for artists and professionals in the entertainment industries. His practice also covers intellectual property, cyberspace, new media and business/corporate matters for clients in the entertainment industry.  He is the author of  The Podcast, Blog and New Media Producer's Legal Survival Guide. Mr. Firemark served two terms as President of the Board of Directors of The Academy for New Musical Theatre (now renamed New Musicals, Inc.). In the past he has served on the Boards of Governors of The Los Angeles Stage Alliance , (the organization responsible for the annual Ovation Awards for excellence in Theater) and the Beverly Hills Bar Association , where he served as liason to the Association's Entertainment Law Section (of which he is a former chairman). He holds a B.A. in Radio, Television and Film from the University of Oregon, and earned his law degree at Southwestern University School of Law. Before opening The Law Offices of Gordon P. Firemark, Mr. Firemark was a partner with the Business Affairs Group, a boutique entertainment law firm in Los Angeles. He has also worked in the legal and business affairs departments at Hanna Barbera Productions and the MGM/UA Worldwide Television Group, and started his legal career as an associate at Neville L. Johnson & Associates, a West L.A.firm specializing in entertainment litigation. Gordon is an alumnus of the Commercial Theatre Institute, and an accomplished producer of stage plays and musicals.  He serves as CEO of Fierce Theatricals , which produces small cast musicals, cabaret shows and regional tours. He is the founder and chief instructor at Theatre Producer Academy, a one-of-a-kind online training program for those who produce plays and musicals. He has been involved with the entertainment industry in one way or another since his youth as a sound, lighting, and special effects technician in the theatre. Prior to becoming an attorney, he worked in the television industry, producing and directing live sports telecasts, public affairs programming commercial announcements, documentaries, and industrial videos. Mr. Firemark has taught courses in Entertainment Law at Columbia College Hollywood; Business Law at Loyola Marymount University;  and  Theatre Law in the innovative Online Entertainment LLM program at Southwestern Law School.  He has also offered courses in Theater Law at Cypress College, and Entrepreneurial Studies at California Institute of the Arts. Mr. Firemark has served as a moderator and featured panelist at seminars sponsored by the Beverly Hills Bar Association, California Lawyers for the Arts,Theatre LA, and the Oregon Artist's Rights Coalition. Hehas also been a guest lecturer at Southwestern University School of Law, Loyola Law School, California Western School of law, UC Irvine, and California State University, Northridge.   Listen to another #12minconvo
89: Podcast Intro Music Dos and Don’ts: A Legal Q&A with Gordon Firemark
Podcastification - podcasting tips, podcast tricks, how to podcast better
Questions about the proper use of podcast intro music and outro music are some of the most common things people ask me about. Can I use this popular song? What if I only use 20 seconds of it? Doesn't that fall under fair use Doctrine? What if I get somebody to compose music for me, can that work? These are only a few examples of the legal side of what it takes to do a podcast in a way that reflects your personal integrity and keeps you out of trouble. I decided it was time for me to invite someone on the show who could give us clear answers on these kinds of issues. Gordon Firemark is an entertainment lawyer who specializes in helping theater professionals, producers, big media companies, and podcasters do the right thing when it comes to copyright law, legal working agreements, and lots of other things that are important for anyone publishing content. This was a great conversation and I personally learned some things I didn't know, which you’ll hear me admit on the episode. Gordon is very generous guy who has provided some great free resources which you can find in the show notes links for this episode. I only used 20 seconds of a song. Isn’t that OK to use for my podcast intro? If you are depending on the Fair Use Doctrine often mentioned as support for using a small section of a copyrighted music on podcasts, you could be on very shaky ground. In this conversation Gordon addresses the Fair Use issue head-on as it relates to podcast intros and outros. His insight into what Fair Use really means and when it is applicable is very helpful, because it's very complicated. WHAT IS FAIR USE? There are actually four criteria that are used to determine if use of a copyrighted work falls under the Fair Use Doctrine and is therefore oka: How much of the copyrighted work is actually being used? - which is typically the only thing people talk about How substantial is the use of it? What is the nature of the used portion of the work (the most catchy part of the song VS an obscure section) What impact will the use of the work be on the marketing of the original work? As you can see, it's much more complicated than you typically hear about and smarter minds than mine have had a hard time figuring out what actually falls under Fair Use and what doesn't. So what should you do? Unless you have deep pockets filled with cash that you can use in the likelihood that you are sued, I would suggest you steer clear of using copyrighted works for your podcast intro or outro, unless you have clear permission to do so. And what does it look like to have clear permission to use a copyrighted work? Gordon clarifies that as well, on this episode. Podcast intro music is not the only legal issue podcasters need to be concerned about Well it's clear that we podcasters need to be using music appropriately for our intros and outros, it's just the tip of the iceberg when it comes to legal issues we've got to be informed about. The most helpful part of this conversation with Gordon Firemark (in my humble opinion) has to do with how we go about informing our potential guests about the ways we will be using the recording that we make of our conversation with them. Gordon provides great insight into what a guest should be agreeing to when they come on your show so that you don't wind up getting sued by them over a technicality. Gordon also provides a copy of a legally crafted podcast guest released form which you can download and tweak to your heart's content. I told you he was a generous guy. >
194:  Gordon P. Firemark of Power Podcasting for Lawyers discusses ways that Lawyers can leverage new media to get more, better, referrals and clients with us.
Lawpreneur Radio - A New Practice Built A New Way with Entrepreneurial Attorney Miranda McCroskey
Gordon Firemark of Power Podcasting for Lawyers is a Los-Angeles based Entertainment lawyer and a mediapreneur. In his law practice he helps creatives and businesses in theatre, film, television and new media to make smart deals that make sense. He's been a podcaster for almost 10 years, with three shows: Entertainment Law Update, Entertainment Industry Insights, and the Law Podcasting Podcast. His latest adventure has him evangelizing to bring lawyer marketing into the 21st century with modern media strategies and tactics.
Legally Protect Yourself in a Digital Space
Creative Marketing Brief
Gordon Firemark is a lawyer that has worked in the entertainment industry for over 26 years, when he was on The Jeff Large Podcast, he had a lot of information to provide about legality in digital media. A lot of people have misconceptions within podcasting in terms of fair use. Because podcasting is an international medium, fair use can be a dangerous thing to rely on—even just using a 13 second clip of copyrighted audio can get you into trouble. If you’d like to learn more about legally protecting yourself in a digital space, check out Gordon Firemark’s episode at https://www.jefflarge.com/podcast/gordon-firemark-legal-protection-creators/ Learn more about entertainment law: https://entertainmentlawupdate.com/ Find Gordon Firemark: https://firemark.com
9th Circuit Of Innocence And AirBNB
on WebmasterRadio.fm
[Bennet Kelley talks with Gordon Firemark about the/>
Entertainment Industry Insights Podcast:  Ken Davenport
Entertainment Industry Insights Podcast from Gordon P. Firemark, Entertainment Attorney
 Entertainment Industry Insights Podcast Episode 3:  Ken Davenport    In this episode of Entertainment Industry Insights, I speak with Broadway Producer  Ken Davenport. Ken Davenport is a Broadway producer whose credits include Macbeth, Kinky Boots, Godspell, Chinglish, Oleanna starring Bill Pullman and Julia Stiles, Speed-the-Plow, Will Ferrell's You're Welcome America, Blithe Spirit starring Angela Lansbury, and 13, as well as Altar Boyz, My First Time, The Awesome 80s Prom, and Miss Abigail’s Guide to Dating, Mating, & Marriage Off-Broadway. He also produced the award winning These Magnificent Miles: On the Long Road with Red Wanting Blue, a documentary on one of the top unsigned rock bands in the country. Ken was featured on a national commercial for Apple's iPhone, named one of Crain's “40 Under Forty” and is one of the co-organizers of TEDxBroadway. Combined, Ken's productions have grossed more than $100 million worldwide and are being produced internationally in over 25 countries including Germany, Mexico, France and Korea. He created and developed the Broadway board game Be A Broadway Star, as seen on “The Today Show,” and a smartphone app called AT THE BOOTH,  which has been featured on Entertainment Weekly’s “Must List” and called “Ingenious! The best thing to happen to New York theater since, well, the introduction of the TKTS® booth!” He also runs a number of theatrical websites including DidHeLikeIt.com and YourBroadwayGenius.com. His blog, TheProducersPerspective.com, has been featured in Vanity Fair, New York Magazine, The Gothamist and more. He has written articles for Forbes, Mashable, Imedia and others. Current projects include his adaptation of the novel and film Somewhere in Time, premiering at Portland Center Stage this spring; Garage Band premiereing at George Street Playhouse in the fall as well as bringing the first ever revival of A Few Good Men to Broadway. For more information, visit www.DavenportTheatrical.com.   - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Entertainment Industry Insights Podcast: Ken Davenport originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
Entertainment Industry Insights Podcast #004: Nat Mundel
Entertainment Industry Insights Podcast from Gordon P. Firemark, Entertainment Attorney
 Entertainment Industry Insights Podcast Episode 4:  Nat Mundel Voyage Media CEO and Founder, Nat Mundel In this episode of Entertainment Industry Insights, I speak with Nat Mundel, Founder of Voyage Media, and Co-Founder of TODpix.Mr. Mundel's vision is to streamline and democratize the entertainment industry by creating new business models, services and tools that help filmmakers more effectively develop, produce and distribute their projects. Voyage Media, established in 2002, has helped filmmakers develop, package and sell over 2000 entertainment projects ranging from movies, TV series and branded entertainment. In addition to hundreds of emerging filmmakers, Voyage and its team members have served A-list organizations such as Anonymous Content, Jerry Bruckheimer, Paramount, Lionsgate, Dimension, Alcon Entertainment and more. TODpix, launched in 2012, is the industry’s first theater on demand (TOD) distribution platform and partners with filmmakers and studios to digitally deliver movies in theaters to match audience demand. In an earlier life, Nat was a professional rock climber and high altitude mountaineer, owning and operating a successful guiding company, Global Explore. He is a pilot, surfer, and life-long learner. He is married, has a daughter, and lives in Topanga, California. Our discussion explored: The philosophies and operational methodologies of both Voyage media and TODpix. Nat's recipe for success in the modern entertainment industry Nat's advice for aspiring writers, producers and creators. Nat's view of the future for entertainment industry What it's like to get struck by lightning.  REALLY! Products and Services Mentioned in this episode: (Some links may be affiliate links for which we receive compensation) Voyage Media Kyosaki, Robert:  Rich Dad Poor Dad       Sponosored by Film Finance Boot Camp   - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Entertainment Industry Insights Podcast #004: Nat Mundel originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
Entertainment Industry Insights Podcast,  Episode 001: Adam Leipzig
Entertainment Industry Insights Podcast from Gordon P. Firemark, Entertainment Attorney
 Entertainment Industry Insights Podcast Annnouncing a new occasional podcast featuring interviews with Entertainment Industry Thought Leaders. In this episode, I talked to former Disney executive and National Geographic Films President Adam Leipzig about his new book, upcoming workshop, and his views on the state of the independent film business.     - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Entertainment Industry Insights Podcast, Episode 001: Adam Leipzig originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
The midterm exam you didn’t study for…
Entertainment Industry Insights Podcast from Gordon P. Firemark, Entertainment Attorney
  It's been a while since we published an episode of our Entertainment Industry Insights podcast, so we're re-launching with a new season starting now. In this solo-episode, I talk a bit about facing life's challenges and tests.  I hope you enjoy! - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post The midterm exam you didn’t study for… originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
Copyright laws for bloggers and podcasters – TAP077
Noodle Mix Network [all-inclusive feed]
Can you use copyrighted material in your personal podcast? What about "fair use"? And more copyright questions answered by entertainment lawyer Gordon Firemark.
Copyright laws for bloggers and podcasters – TAP077
The Audacity to Podcast
<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN" "http://www.w3.org/TR/REC-html40/loose.dtd"> Can you use copyrighted material in your personal podcast? What about “fair use”? And more copyright questions answered by entertainment lawyer Gordon Firemark. What is a copyright? Exclusive rights for the own of works of authorship to control how it can be used. Any fixed, original work can be copyrighted (audio, video, code, writing, etc.). Ideas cannot be copyrighted. Common copyright terms Infringement—using copyrighted material without prior permission from the copyright-holder. Derivative—repurposing material or making a new work from the original work. Attribution—giving credit to the author. Public domain—a work that is no longer under copyright law (typically anything older than 100 years and published in the USA). Distribution—any method of sharing something: podcast, email newsletter, blog post, etc. Can you use copyrighted material? Nanny Jenny from the Nanny Cast asked about “performing” copyrighted works by reading them in her podcast. Get permission! Any reproduction or performance of a copyrighted work without permission, is infringement. Anything in public domain (like classic fairytales) is free for anyone to use. If you're denied permission or you don't get it, then you have to look at how much you can use. Some will say that podcasts are small enough media that it won't deter sales, but this should be used as support for asking permission, not for using without permission. Using portions of copyrighted material (“fair use”) Whether a sound clip, image, video, quotation, or other excerpt, you may be allowed to include it under the “fair use” clause in copyright law. It can be complicated to determine what is “fair use.” It depends four things: context (nature of the use), nature of original, effect of the market, amount/substantiality of original. Using up to a 60-second clip from a two-hour movie is such a small portion that it's fine for commentary. Referring to copyrighted content is fine in all cases. “Fair use” applies when you are directly reproducing a portion of the copyrighted work. There aren't any hard guidelines for limits. It's a matter of how what is a “substantial amount” for your situation. Sometimes, you can create derivatives (or mashups) with copyrighted material, but it's still best to get permission. Using a theme song from a show as our own theme is copyright infringement, unless you have permission from the copyright-holder. Using a Once Upon a Time podcast as an example, we discuss that using content for segment bumpers without direct commentary is probably “fair use,” but it's very close to on the line. What about Creative Commons? Creative Commons provides easy terms to explain the conditions by which you are sharing your content. Finding content licensed under Creative Commons is easy and clear how you can use the material. Commercial versus personal Some material will say it's licensed for only personal, but where is the line for commercial? If you use the material for promoting or producing a product, it's definitely commercial. But often, just having ads or affiliate links will push the podcast or blog from personal to commercial, because they are earning money from their content. If you have ads, treat yourself as being commercial. Should we copyright our own content? You should be aware of how to protect your own original work. As soon as your creativity is put in a fixed form (like recorded or written), it is copyrighted. But registering your copyright is inexpensive (around $40) and provides easy protections, even financially. Trying to protect your work without having it previously registered will cost a lot, unless you win. Register your copyrights every few months, as you're allowed to register within three months. You can group material together into a folio of works, like blog posts or podcast episodes. Creative Commons doesn't provide this legal protection that registration does. Notice of copyrights It's a good idea to include a brief copyright notice in this format: [Copyright or ©] [year of authorship] [copyright owner] For example, I could add: © 2012 D.Joseph Design And it doesn't hurt to include a brief mention at the end of your podcast. Remember: get permission! Get permissions in writing! Email does qualify most of the time. But signed paper is best. About Gordon Firemark Firemark.com The Podcast, Blog & New Media Producer's Legal Survival Guide Entertainment Law Update podcast Follow @GFiremark Still upcoming in our law series Trademarks Privacy policies, disclaimers, and notices Podcasting as a business with tax benefits Podcasting poll: have you registered a copyright or trademark? [poll id=”6″] I'm speaking in the Podcasting 101 track at BlogWorld NYC! Please join me at BlogWorld in New York City on June 5–7. I'll be one of the panelists in the Podcasting 101 track and presenting on the last day of the conference. Register for BlogWorld NYC for the early discount! Use promo code “PodLewis10” to save 10% off your admission. Follow my personal blog, if you care about me How's that for a guilt trip? I've started a personal blog at DanielJLewis.net, sharing thoughts and reviews on technology, social media, web design, freelancing, productivity, personal updates, and everything else I want to talk about that doesn't fit in my many other websites. Please retweet this post! Use the social buttons or retweet the following. Copyright laws for bloggers and podcasters, with @GFiremark http://t.co/CFoiFkIB #podcasting #blogging — Daniel J. Lewis (@theDanielJLewis) April 16, 2012 Need personalized podcasting help? I no longer offer one-on-one consulting outside of Podcasters' Society, but request a consultant here and I'll connect you with someone I trust to help you launch or improve your podcast. Ask your questions or share your feedback Comment on the shownotes Leave a voicemail at (903) 231-2221 Email feedback@TheAudacitytoPodcast.com (audio files welcome) Connect with me Subscribe to The Audacity to Podcast on Apple Podcasts or on Android. Join the Facebook Page and watch live podcasting Q&A on Mondays at 2pm (ET) Subscribe on YouTube for video reviews, Q&A, and more Follow @theDanielJLewis Disclosure This post may contain links to products or services with which I have an affiliate relationship and may receive compensation from your actions through such links. However, I don't let that corrupt my perspective and I don't recommend only affiliates.
Asked and Answered:  Do I need permission to base a fan film on a video game?
Entertainment Law Asked & Answered
In this Asked and Answered video, I respond to Guy's inquiry about whether permission is required for a fan film based on a video game. AUDIO:   This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for readers’ detrimental reliance upon the information appearing in this feature. Thinking of Producing it yourself? subscribe to my FREE e-course “6 ways to Finance A Feature Film” by visiting https://firemark.com/minicourse - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Asked and Answered: Do I need permission to base a fan film on a video game? originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
Asked & Answered:  Movie line as a song lyric?
Entertainment Law Asked & Answered
In this video, Entertainment Lawyer Gordon Firemark answers a question about using a line from a movie in a songs lyrics. This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature. AUDIO: This question and answer brought to you by:   - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Asked & Answered: Movie line as a song lyric? originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
Asked & Answered – How to license film and video clips?
Entertainment Law Asked & Answered
In this video, Entertainment Lawyer Gordon Firemark answers a question about licensing film and video materials for online use. This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature.   This question and answer brought to you by:   - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Asked & Answered – How to license film and video clips? originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
Why you need your own privacy policies, disclosures, and releases for blogging or podcasting – TAP079
The Audacity to Podcast
<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN" "http://www.w3.org/TR/REC-html40/loose.dtd"> How to easily make a privacy policy and what it should contain, how to get releases for your cohosts and guests, necessary disclaimers and disclosures, and how to avoid defamation. Legal answers with Gordon Firemark. Do we need our own privacy policies? Tim Arthur from Tech Monks Podcast asked whether we need privacy policies. If you gather any information about your visitors, you need to express how that information will be used. This is especially important when it's personally identifiable information: name, email address, phone number, etc. This can be as simple as “We gather ____ and use for in-house analytical policies.” But this statement must be expounded. You need a specific page on your site that explains what information you collect and how you'll use it. Also consider a Terms of Use page to explain what you're allowed to do with the content visitors leave on your site (like comments). This can cover you for if you ever plan to repurpose your content into a sellable product. We should all be reading privacy policies and terms of use, too. What your privacy policy should cover Who, what, when, where, how, and why about the information that you gather. How you will use the information (including future flexibility). Whether you'll notify of changes. What domains your policy covers. That your policy does not apply to offsite links, like affiliates. Tools for creating a privacy policy Zak Wallace from Wallys Modcast shared a couple free tools. FreePrivacyPolicy.com and PrivacyPolicyOnline.com are both free sites for generating a privacy policy. These sites will “spam” you afterward (emailing you a lot, but you're getting something for free), but they do make acceptable policies that you can use. Free services are a great place to start, but read them and customize as necessary. Then comply with it because it's a contract with your audience. You can even model your privacy policy after someone else's. Where should your privacy policy be? Link your privacy policy page (not a post) from the footer of every page. Read more about privacy policies from Gordon Firemark. Make sure you abide by your promise to notify viewers if you change your policies, unless you don't promise to notify. Write in plain English! Say what you mean, and say it simply and concisely. If you change a policy, make a summary so people won't have to read the entire document. If you run several websites, but they share the same privacy policy, it would be acceptable to have a central page and link to it from all of your separate sites. Make sure this policy reflects its jurisdiction over your separate domains. This privacy policy applies to all Noodle.mx Network sites: TheAudacitytoPodcast.com, ONCEpodcast.com, … Releases for cohosts and guests Andrew McGivern from The Bunker Project asked about how to get releases from cohosts, guests, and especially random participants (like walk-ins, live call-ins, etc.). Always try to get something in writing from anyone who appears on your show. If writing isn't possible, a recorded confirmation can be acceptable. For random walk-ins, have a sign that notifies visitors that they are about to be recorded. Don't assume that they'll know what you're doing. A notice is sufficient only if they have the option of walking away and their consent is entirely voluntary. Keep your language general. If you say “distributed as a podcast” but later sell CDs, you would have to get permission again. Recorded voicemails or email forms should notify senders that their message may be used as part of your show. This leaves their consent voluntary. Disclaimers and disclosures Keeper Dan from Miskatonic University Podcast asked about disclaimers/disclosures at the end of podcast. The Call of Cthulhu Roleplaying Game is property of Chaosium, Inc. The written works of H.P. Lovecraft are held in the United States public domain. All other works mentioned in this podcast are the property of their respective owners. Original content of this show is copyright of the Miskatonic University Podcast under a Creative Commons, Attribution-NonCommercial-ShareAlike License. This could also include that the views expressed in the podcast do not necessarily reflect those of Miskatonic University, or that those of your guests do not reflect your own views. Also include disclosures when you'll get paid from affiliate links, a review, or have received something for free. Include any required attributions for music or other copyrighted content that you've used. cmp.ly makes easy disclosures that can be a great starting point for your site. Make sure you include statements to protect yourself and your audience. For example, if you have a video podcast and use machinery, give safety cautions. Risk of defamation Liable is written defamation Slander is spoken defamation. A false statement about a person that injures their reputation and isn't protected under free speech. Keep in mind common-sense privacy issues, like health concerns. Comedy: saying something funny about something Parody: making fun of something Parody of copyrighted material is allowed under fair use. And as long as a parody is clearly treated and presented as a parody, it is free from defamation risks. About Gordon Firemark Firemark.com The Podcast, Blog & New Media Producer's Legal Survival Guide Entertainment Law Update podcast Follow @GFiremark Still upcoming in our law series Podcasting as a business with tax benefits Podcasting poll: Do you have a privacy policy? [poll id=”7″] I'm speaking in the Podcasting 101 track at BlogWorld NYC! Please join me at BlogWorld in New York City on June 5–7. I'll be one of the panelists in the Podcasting 101 track and presenting on the last day of the conference. Register for BlogWorld NYC for the early discount! Use promo code “PodLewis10” to save 10% off your admission. Upcoming: daily podcasting photos For the month of May, I'll be blogging a daily photo with tools, tips, or cool things related to podcasting. Subscribe to the blog via RSS or email so you won't miss this fun series! Please retweet this post! Use the social buttons or retweet the following. Why you need your own privacy policies, disclosures, and releases for #blogging or #podcasting theaudacitytopodcast.com/tap079-why-you… — Daniel J. Lewis (@theRamenNoodle) April 30, 2012 Need personalized podcasting help? I no longer offer one-on-one consulting outside of Podcasters' Society, but request a consultant here and I'll connect you with someone I trust to help you launch or improve your podcast. Ask your questions or share your feedback Comment on the shownotes Leave a voicemail at (903) 231-2221 Email feedback@TheAudacitytoPodcast.com (audio files welcome) Connect with me Subscribe to The Audacity to Podcast on Apple Podcasts or on Android. Join the Facebook Page and watch live podcasting Q&A on Mondays at 2pm (ET) Subscribe on YouTube for video reviews, Q&A, and more Follow @theDanielJLewis Disclosure This post may contain links to products or services with which I have an affiliate relationship and may receive compensation from your actions through such links. However, I don't let that corrupt my perspective and I don't recommend only affiliates.
Why you need your own privacy policies, disclosures, and releases for blogging or podcasting – TAP079
Noodle Mix Network [all-inclusive feed]
How to easily make a privacy policy and what it should contain, how to get releases for your cohosts and guests, necessary disclaimers and disclosures, and how to avoid defamation. Legal answers with Gordon Firemark.
What is an Active Investor, and why does it matter?
Entertainment Law Asked & Answered
In this video, Entertainment Lawyer Gordon Firemark examines the implications of having an “Active” Investor in your film or theatre production's financing. AUDIO: Hey, if you like these Q&A videos, please subscribe. It's easy. And by all means share, Plus, like or tweet these on your favorite social networks. If you've got a question you'd like me to answer… head on over to https://firemark.com/questions. ============== This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature.   - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post What is an Active Investor, and why does it matter? originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
New Media Expo 2013 Las Vegas Preview: Changing Legal Landscape For Bloggers
Domain Masters on WebmasterRadio.fm
[Previewing New Media Expo 2013 in Las Vegas ,where Bennet will speak on the panel Blog Wars: The Changing Legal Landscape For Bloggers, as well as Entertainment and Media Lawyer Gordon Firemark. Gordon will speak on Ten legal cases every podcaster, blogger or media producer should know about./>
New Media Expo 2013 Las Vegas Preview: Changing Legal Landscape For Bloggers
SEM Synergy on WebmasterRadio.fm
[Previewing New Media Expo 2013 in Las Vegas ,where Bennet will speak on the panel Blog Wars: The Changing Legal Landscape For Bloggers, as well as Entertainment and Media Lawyer Gordon Firemark. Gordon will speak on Ten legal cases every podcaster, blogger or media producer should know about./>
Asked and Answered:  Can I get old podcast episodes taken down if I no longer want to be associated with the show I co-hosted?
Entertainment Law Asked & Answered
In this Asked & Answered video, I answer a question about whether a podcast co-host who has left the show can get old episodes taken down from the internet. AUDIO: Hey, if you like these videos, please subscribe. It's easy. And by all means share, Plus, like or tweet these on your favorite social networks. If you've got a question you'd like me to answer… head on over to https://firemark.com/questions. ============== This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature.   - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Asked and Answered: Can I get old podcast episodes taken down if I no longer want to be associated with the show I co-hosted? originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
New Media Expo 2013 Las Vegas Preview: Changing Legal Landscape For Bloggers
Life Tips on WebmasterRadio.fm
[Previewing New Media Expo 2013 in Las Vegas ,where Bennet will speak on the panel Blog Wars: The Changing Legal Landscape For Bloggers, as well as Entertainment and Media Lawyer Gordon Firemark. Gordon will speak on Ten legal cases every podcaster, blogger or media producer should know about./>
Using Celebrity Guests’ Photos to Promote an Interview Show – Entertainment Law Asked & Answered
Entertainment Law Asked & Answered
AUDIO: TRANSCRIPT: https://firemark.com Matt has a question about promoting his podcast episodes with images of his celebrity guests. I'm entertainment lawyer Gordon Firemark, and this is Asked and Answered, where I provide answers to common legal questions, so you can take your career and business in entertainment to the next level…   Q: I'm curious about image usage. My podcast is a celebrity talk show, and I always create a title card for the episode using a headshot. Often, these are not provided and Google is where I find them. I know the general assumption is that if it’s of the person you're featuring you're in the clear. But it's my understanding that's sometimes not the case because the subject may not be the rights holder to that image. A: (address copyright, derive works, right of publicity, and approval rights) I suggest you always get permission from the owner of the image you use. Google search is a dangerous approach. Celebrities have images available for this stuff, so ask for one when booking them. The agent, manager, or publicist should have no problem providing one. Ideally, then, when the guest signs that release, you'll be covered for the photo, too. If not signing a release, make sure you get them to SAY (on recording and/or in email) that they have the rights to the photo… But if you're making major changes to the image (I.e., more than just cropping), the celebrities will likely expect an approval right. So it pays to run it by their representatives before going live. You don't have to actually ASK for approval, just say, “Here’s the image I'll be using to promote your episode”. If they have any issues, they'll certainly let you know. So, that's it for this session. You can get that free podcast guest release that i mentioned at http://podcastrelease.com. And if you have a question you'd like to see featured on Asked & Answered, hop on over to https://firemark.com/questions. This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Using Celebrity Guests’ Photos to Promote an Interview Show – Entertainment Law Asked & Answered originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
When is a Parody a Parody? – Entertainment Law Asked & Answered
Entertainment Law Asked & Answered
AUDIO: TRANSCRIPT: www.firemark.com When is a parody a parody? Hi, I'm Gordon Firemark, and this is Asked and Answered, where I answer your burning entertainment law questions, so you can take your career and business to the next level. Bob wrote me an email to ask: Question: In general, what are the copyright and licensing rules for writing “parody” songs and, perhaps more importantly, what is the material difference between a “parody” and just writing additional lyrics for a given melody? For example– let's say I write a musical production about a day in my life, to be performed on stage. If I take the song “Oh What a Beautiful Morning” from Oklahoma! and write lyrics to the same melody that say “Oh, how I like to eat corn flakes,” have I actually created a parody, or have I just written additional lyrics to an existing song?” Answer: The law on Parody is complex and confusing, but basically, what you describe wouldn’t likely qualify as a parody… Just as “new lyrics”. A true parody, the Courts have held, has to make fun or comment about the THING that is being parodied. So, if you’re using a song, but changing the lyrics, you’d have to be poking fun at the original song. Changing lyrics in the way you’ve described is really just making a derivative work… And that’s one of the exclusive rights reserved to the copyright owner. So doing it without permission is copyright infringement. Now, under “Fair Use” it’s probably permissible to change a word- or -two, (as with gender-changes, for a female singer singing a song written for a male, etc. But beyond that, you’d need permission from the copyright owner. If you have a question for me to answer, visit firemark.com/questions. See you soon! ============= This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post When is a Parody a Parody? – Entertainment Law Asked & Answered originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
Can You Use Real Places Names in a Story that is Fictional but Inspired in a News Article?
Entertainment Law Asked & Answered
  AUDIO: TRANSCRIPT: www.firemark.com Can you use real place names and businesses in a story that's fiction, but inspired by a news article or report? I'm Entertainment Lawyer Gordon Firemark, and this is Asked and Answered, where I answer your burning questions, so you can take your career and business all the way to the top. I'll have the answer in just a moment. Michael wrote in to say “We are working on a project that is inspired by an article (news story) from the internet. The article is about a body found buried in the woods, but the story we created is completely fictional. Would it be ok to use the name of the town where the body was found? People would then be able to google the article the story was based on. The story is completely fictional and does not imply inclusion of anyone in the article. The body was found on land owned by a corporation. I assume it would be smart to make up a fictionalized corporation rather than used the real corporation because it is very recognizable?” It's probably a good idea to create a fictional town and company for this kind of story. You see, if anyone from that town, or the company itself feels that your fictional story (which is by its very nature, FALSE) has damaged his, her or its reputation, you could wind up on the receiving end of a lawsuit. Libel, the written/recorded version of defamation, is any false statement made about a person (or business), that causes injury or damage to reputation. It's true that the statement has to be factual in its nature, but because there WAS a news item that inspired the story, you have to be extra careful. So, change the names, the town, and the company name, just to avoid any problems. And don't try to capitalize on the news item by connecting your project too closely,.. that's what could give rise to the “factual” aspect I mentioned. And DO include the disclaimer saying that it's a work of fiction and that any resemblance to any actual events or persons is entirely coincidental. If you have a question you'd like me to answer here, jump on over to firemark.com/questions. See you soon. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Can You Use Real Places Names in a Story that is Fictional but Inspired in a News Article? originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
Is Copyright Registration Required Before Licensing – Entertainment Law Asked & Answered
Entertainment Law Asked & Answered
AUDIO: TRANSCRIPT: www.firemark.com Does a song have to be registered with the copyright office before you can obtain a license to use it in your film or other project? Hi, I'm entertainment lawyer Gordon Firemark, and this is Asked and Answered, where I answer common entertainment law questions, so you can take your career to the next level. Michael wrote: With USCO processing time for e-filing generally up to 8 months (13 for paper!), and $800 for expedited processing, my question is: for purposes of clearing a piece of music (say for use in a TV show), would that specific piece have to have gone all the way through the Copyright Office and received a certificate of registration from the USCO? A:   No. You don't need to have a registration to own a copyright, or to do anything with the copyrighted work. Clearing a piece of music simply involves tracking down the rightful owner or owners and getting the required permission in the form of a license. Whether the work is registered is largely irrelevant. Even if the music in question is NEVER registered with the copyright office, you can obtain a license… If you can find the owner… And that's one of the main reasons we have a registration system… So we can track down who owns a particular work. With music, there are a few other ways… Start by searching the online catalogs of the Performing Rights Organizations ASCAP, BMI and SESAC… It's likely that the work is registered with one of them, and that catalog will tell who the songwriters, publishers and administrators of the song are.  Then, contact those folks with your license request, and you're good. If you still can't find who owns the piece, you can try searching Google, YouTube, SoundCloud, and any other online resources, but the results aren't going to be quite as reliable. If you aren't certain you've nailed down the owners, I'd recommend using a different piece of music. And to get your question answered here, just hit me at https://firemark.com/questions. ============= This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Is Copyright Registration Required Before Licensing – Entertainment Law Asked & Answered originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
Episode 49 - Marketers Roundtable 4: Discussion of Current Marketing Issues
Power to the Small Business | Branding / Marketing Plans & Ideas / Social Media / Customer Experience Design / Digital Marketing
Power to the Small Business: The Internet Show About Small Business Marketing Topics: Google Buzz, Trending Topics, Trust Deficits, The Most-Normal-People Rule Guests: Jason Falls - Social Media ExplorerGeno Church - Brains on FireMark Roberge - Hubspot Host: Jay Ehret - The Marketing Spot Four marketers sit down at the Marketers Roundtable and discuss current marketing issues and how they apply to small business. Get complete show notes, including quotes and links, here: http://budurl.com/MRT4Pod
Demystifying music licensing for theatre
Theatre Geeks
Entertainment attorney Gordon Firemark shares insights about music licensing and more. Community theatres often use recorded music as part of pre-show or intermission, and sometimes within productions. All uses of recorded, copyrighted music require some kind of licensing -- a fact that somehow gets "forgotten" by many producers. The way in which a particular piece of music is used makes a difference as to what the licensing (and licensing costs) will be. And it can get complicated.
Can choir instructor photocopy purchased sheet music?
Entertainment Law Asked & Answered
In this video, Entertainment Lawyer Gordon Firemark answers a question about the rights to copy sheet music for use in a school setting. http://youtu.be/ENdZHm7IVX8 AUDIO: TRANSCRIPT: I've got a quick one for you today. It deals with the rights to copy sheet music for use in a school setting. Stay tuned. – Q: Phil is a school vocal music instructor, who asks: If I purchase 30 pieces of choral music for use in my classroom, am I allowed to make 30 copies of that music to distribute to students so that they can annotate and edit according to our performance practices? When the performance is complete we would destroy all 30 copies. A: Phil, I'm sorry, but this is a no-go. When you buy a printed copy of sheet music, you get the right to do certain things like read, study, and practice the music. Heck, you can even sell those specific copies under something called the “first sale doctrine”. But what you don't get is the right to make additional copies… even if you plan to destroy them later. It's copyright infringement, plain and simple. If you get caught, the consequences can be significant. When I was in school, we were taught to make our notations and markings on music in pencil, and to erase the markings when we're done with the charts… And that's still the recommended approach today. — Hey, if you like these Q&A videos, please subscribe. It's easy. And by all means share, Plus, like or tweet these on your favorite social networks. If you've got a question you'd like me to answer… head on over to https://firemark.com/questions. ============== This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Can choir instructor photocopy purchased sheet music? originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
Can I name names in a true-crime screenplay?
Entertainment Law Asked & Answered
In this video, Entertainment Lawyer Gordon Firemark answers a question about whether it's OK to name names of real people in a true-crime drama. http://youtu.be/dOpp_owefOc And…a small correction AUDIO: TRANSCRIPT: Mary has some questions about her true-crime screenplay, and whether it's ok to name names. I'll give my answer… so stick around. Hi, I'm Entertainment Lawyer Gordon Firemark, and this is Asked and Answered, where I answer common Entertainment Law Questions to help industry professionals like you, realize your dreams and achieve your goals. Q: Mary writes: I am in the process of writing a crime script about a famous Las Vegas casino magnate and his nemesis, a crime figure from the magnate's home town . The magnate still has a son working in his casino empire. The time period is late 1940's-early 1950's. My father was a lawyer for the nemesis, who had a “hit” contract out on him . All these men are long dead now. The material I am using is from newspapers and magazines-and some stuff from my mom, also gone, as my dad never “talked about” a client- but men always talk to their wives. Do you forsee any problem using their real names in this script? I want their stories told-they were really characters, bigger than life. A: Well, true stories can be very compelling, but they can be a legal minefield. First, when you're telling stories about real people, you have to be careful that you're being truthful. Making false statements about people that harm their reputation(s) is Defamation. Libel if it's recorded, published, etc., and Slander if it's merely spoken between individuals. It doesn't really matter whether the people you're talking about are living or dead. You still have to be truthful. The best-practice when telling true-crime stories is to make sure that every factual statement is borne out by proof. Corroboration coming from multiple, independent sources should be used to footnote the facts contained in the script. News Media reports from the time period are usually reliable, but it's best if the facts were reported in several papers, etc. Interviews with the people involved or who investigated the cases are also great. Court records are among the best source material you can use. If a person was convicted of a crime, and you're telling the story of the commission of the crime, then as long as you're true to the trial transcript's telling of things, you should be OK. But, if all you've got to go on is stories from your now deceased parents, and you can't find other sources to corroborate, I'd stay clear. And, just changing the names probably doesn't help. If people would recognize the person from the story, characteristics, etc., you could still face a lawsuit. Bottom line. Make sure you can back up every incident or event that could be construed as damaging to someone's reputation with proof. — Hey, if you like these Q&A videos, please subscribe. It's easy. And by all means share, Plus, like or tweet these on your favorite social networks. If you've got a question you'd like me to answer… head on over to https://firemark.com/questions. ============== This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Can I name names in a true-crime screenplay? originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
Trademark for Album Titles – Entertainment Law Asked & Answered
Entertainment Law Asked & Answered
AUDIO: TRANSCRIPT: https://firemark.com Should you register a trademark for your album title? Hi, I'm attorney Gordon Firemark, and this is Asked and Answered, where I answer your entertainment law questions, to help you take your career and business to the next level. So, David wrote in with this: I just came across one of your videos and have a questions about trademarks. My background has been mostly in the world of video and television, but I am working on a music project and I'm just curious how soon before the music goes public should I file for a trademark. Basically I have a name for an album that will have 10 to 12 songs on it. Do I need to trademark the name of the album? Well, David, it may seem like a good idea to register the title of your album, but I have my doubts that the government would allow it. You see the US Patent and Trademark Office has historically had a rule against registering titles of single works. And that was always pretty likely to apply to an album, a song, a book or a movie title, unless what you're registering is actually a brand that is/will be affixed to a whole LINE of goods or services. Like, for example, the “Idiots Guide” or “For Dummies” series, or something like “Harry Potter and the…” or “Star Wars” But in 2015 there was a case where the Trademark Trial and Appeals Board ruled that a categorical ban wasn't appropriate… So now, the PTO has to determine whether the title is being used as a brand, or is just descriptive of the work. And, in the case in question, the court still ruled that the title was merely descriptive, and wasn't being used in a way that could justify trademark protection. So, back to your album title… I think unless you're planning on putting out a series of albums all under the same “brand” Like a series of Volumes, you'll have a hard time convincing the trademark examiner to let your registration go through.  My recommendation would be to save your money on this, and if you haven't already done so, register the name of your band… That's really the brand you need to protect. And Band names CAN be registered. Now, one more word of caution. Trademark Registration is something that people can do themselves online, and sometimes it's smooth and easy, but as I've just explained, the law and the procedural stuff can get tricky pretty fast. So, I strongly recommend that you have an attorney (like me) help you out with your trademark registrations. Yes, it costs more than doing it yourself, but it also greatly increases your chance of a successful registration the first time at bat. OK, that's it for this round of Asked and Answered. If you've got a question you'd like answered here, just head on over to https://firemark.com/questions. See you again soon! This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Trademark for Album Titles – Entertainment Law Asked & Answered originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
Can I Name my Characters after Famous Characters from Old Book – Entertainment Law Asked & Answered
Entertainment Law Asked & Answered
AUDIO: TRANSCRIPT: www.firemark.com Will you get in trouble if you name your characters after famous characters from an older book or film? Hi, I'm entertainment lawyer Gordon Firemark, and this is Asked and Answered, where I answer common entertainment law questions, so you can take your career to the next level. Clark is an aspiring author working on a high epic fantasy novel… He has a question regarding characters after reading some of my posts on the King Arthur and Robin Hood stories. He writes: “In my fantasy world, there is a kingdom where the regnant names of the kings come from King Arthur's Knights of the Round Table. These names are spelled exactly alike the characters of the Round Table. Only the names are used. There is no other connection to the characters of the Arthur Mythology. Is using these names a copyright infringement risk?” Well, the short answer, Clark is no. I can confidently say that there's NO risk to using the names of Arthur, Lancelot, Guinevere, Merlin, and so on in your book… at least not any legal risk.  Some publishers might feel that it's too derivative, or whatever, but that's an artistic decision best left to artists and marketers. So, there are actually a few levels to this. First off, those characters were initially created in the 1680's or thereabouts, so any copyright protection for the stories in which they appeared has long since expired. In fact, at that time, in England there wasn't even a law equivalent to copyright… protecting the work of authors. The Statute of Anne wasn't enacted until 1710. When it went into effect, protection lasted for 14 years. Modern copyright law protects things for a considerably longer time, 70 years beyond the author's death. So even under the modern approach it would still be expired. But there's another aspect to this… character names aren't protected (much) by copyright. Copyright requires originality to get protection… and given names like Arthur and Merlin probably don't qualify.  Even for the less common sounding names, they're only a small part of a much larger whole, so a Court would probably find that taking just the names, without the accompanying storylines, or other characteristics is what we call “de minimis”, and thus not copyright infringing. But you DO need to beware when using some kinds of character names… for example “Harry Potter”, is a trademark.  It is protected against any use that would cause a likelihood of confusion among consumers. If you were able to write a book about a character named Harry Potter, people might think it was either written by or authorized by JK Rowling… and she's got strong reasons to want to prevent that. But even that protection has limits… so if your characters Arthur, Lancelot, Merlin and Guineviere are sitting around talking about their favorite books, or characters, and one of them mentions “Harry Potter”, that would be OK. But any further discussion on this will take us down a deep rabbit hole… so let me just suggest that if you're going in that kind of direction, consult a lawyer.And to get your question answered here, just hit me at https://firemark.com/questions. See you soon. ============= This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Can I Name my Characters after Famous Characters from Old Book – Entertainment Law Asked & Answered originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
What to do about an Agent who isn’t Paying – Entertainment Law Asked & Answered
Entertainment Law Asked & Answered
AUDIO: TRANSCRIPT: https://firemark.com What could you do if your agent is taking too long to get you your money after they've been paid. Hi, I'm Gordon Firemark, and this is Asked and Answered, where I help you take your career and business in entertainment to the next level. David wrote in: What can an actor do when their SAG franchised agent is taking more than 6 months to pay them for a particular non-union job (the agency has been paid by the production company)? This happened in TX where the agencies are no longer licensed by the state. Hi David, I handled a case like this a few years ago, and it's not easy to collect. First, contact the production company. They'll deny that they're responsible, but that's not strictly true. Under most state wage-and-hour laws, the employer gas to make sure you are actually paid… At the very least, you need the employer to rattle the agent’s cage, and to provide you with proof that the agency received the money. Next, you, or better yet, your lawyer, write a formal letter to the agency demanding immediate payment. The agency, licensed or not, is a fiduciary… Which means they're in a special position of trust, and thus held to a high standard. If they don't pay in a timely fashion, they could wind up on the hook for as much as three times the amount in question. But ultimately, I think you'll have to resort to the courts. Does your contract specify a time frame for payment? Does it provide for attorney's fees? If so, hire a lawyer to file suit. If not, consider whether the amount involve justifies hiring a lawyer, or whether small claims court is a good approach. And, you should certainly report this to your Union, if for no other reason than to help other actors avoid the same problem in the future. That's it for this round of Asked and Answered. If you've got a question you'd like answered here, just head on over to https://firemark.com/questions. This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post What to do about an Agent who isn’t Paying – Entertainment Law Asked & Answered originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
Entertainment Law Asked & Answered – Copyright Renewals?
Entertainment Law Asked & Answered
  AUDIO: TRANSCRIPT: www.firemark.com A reader wrote in with a question about whether copyrights need to be renewed. Hi, I'm attorney Gordon Firemark, and this is Asked and Answered, where I answer your entertainment law questions, to help you take your career and business to the next level. I'll answer the renewal question, and explain how copyright duration works, in just a moment. So, the question posted in the comments on my blog asked whether copyright registration needs to be renewed every year. The quick answer is no. Modern Copyright law doesn't require (or permit) any renewal. Once the term of copyright protection expires, the work automatically falls into the public domain. So, how long does copyright protection last? Well, first let me explain when copyright protection BEGINS. You see, when you create an original work of authorship… that is, original expression of ideas, and you fix or record that expression in some tangible form, so it can be reproduced and so forth… that work is automatically protected by copyright. So… from the moment you set pen to paper, press record on the video camera or whatever, you own a copyright in what you've created. And that copyright will protect your work for a good long time… 70 years, in fact, after you die. Here in the US, and in most other countries around the world, copyright duration is Life+70 years. There are some other countries where it's Life+50, but for most it's 70. Works created as works made for hire, or anonymously or under a pen-name, are protected for 120 years total, from the date of creation, or 95 years from the first publication… whichever occurs first. So that's the rule for works created today, and anything that was created after 1977. Works created before January 1, 1978 fell under several different schemes, and they had to be registered, and that registration DID have to be renewed, usually after the 28 years. But the duration of those copyrights is subject to a fairly complicated set of rules, so it's best if you’re dealing with questions about one of these works, you consult an entertainment or copyright lawyer who can help you out precisely when the works fall into the public domain. If you have a question you'd like to see here on Asked and Answered, just visit firemark.com/questions and let me know. And do me a favor, subscribe to the YouTube channel, so you don't miss out on any of these videos. See you next time! - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Entertainment Law Asked & Answered – Copyright Renewals? originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
How to protect a concept for a film when making an oral pitch?
Entertainment Law Asked & Answered
In this video, Entertainment Lawyer Gordon Firemark answers a question about how to protect a concept for a film when making an oral pitch. http://youtu.be/94dcNiTrdN8 AUDIO: TRANSCRIPT: I'm Gordon Firemark, and this is Asked and Answered, where I answer questions from entertainment industry professionals like you, so you can take your career to the next level. I'll give my answer in just a second. So, Kelsey wrote in that she sent her logline to a producer, explaining that her concept for the film is something that's never been done before. The producer has now contacted her to schedule a phone conversation about it, and she's wondering if it's dangerous to reveal the concept by phone without any recorded evidence that there's a transaction or agreement in place about what will happen if he likes it. She wants to know what she should do to seize this opportunity but still protect her idea. First, I should point out that if all you're pitching is a ‘concept' or idea, there's not much protection offered in the law. Copyright protection only covers fully expressed works that embody those ideas. The ideas themselves may not be entitled to any protection. So, it's important that you have some kind of agreement, however informal, that you'll be paid and/or hired if the producer likes what you pitch. There'a a latin proverb that says “Scripta manent verba volant”. Translated, that means “spoken words fly away, written words remain” And I think you'll be hard pressed to find a lawyer who'd disagree with the idea that a written contract is better than an unwritten one. But the fact is, oral pitches happen all the time in hollywood. In other businesses, folks use confidential non-disclosure agreements to deal with this kind of thing. But in show business, that's just not done. So, the next best thing is to do your best to document the exchange both before- and after-the-fact. So, confirm the appointment by email. Make sure you are explicit and clear about your intention to submit the material you're pitching for sale, along with your services as a writer. If possible, get the producer to acknowledge this by return email. Then, after the meeting, follow up with another email or a handwritten note thanking the producer for his or her time. This is another opportunity to be clear about your intentions. This is an offer to sell your material and writing services. And, that's about all you can really do. Of course it also makes sense to be sure you're dealing with reputable people. Real, established producers don't need to steal ideas for their films. Do you like these Question and Answer videos? Well, then show me some love. Subscribe, will ya?And, if you have a question for me, head on over to firemark.com/questions or just click the button. ============== This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post How to protect a concept for a film when making an oral pitch? originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
Location Releases – Entertainment Law Asked & Answered
Entertainment Law Asked & Answered
AUDIO: TRANSCRIPT: https://firemark.com George writes in with a question about location releases and permissions. I'm Gordon Firemark and this is asked and answered where entertainment law questions so you can take your career and business to the next level.   So, here's George's question: I am a filmmaker and have permission from a tribute band to film them at a concert in a theater in Connecticut. The theater said the band can be filmed there but an agreement needs to be signed basically saying that the footage cannot be used for commercial use or they will sue, or they want 800.00 to allow us to film there. It seems this is not an issue of liability or they would demand the fee for insurance purposes. What right does the theater have to sue the band or even me for filming the band's performance in their theater? What rights do I have as the filmmaker in getting permission from the band to use them in my film while performing at this theater? Well, George the band doesn't own the theatre, so they don't have the right to grant permission to film there. Only the owner can do that, and he can put whatever conditions on the filming he wants. And that includes charging a fee. And, it's common for location owners to charge a fee for use of their premises… Filming on the premises without permission is probably a form of trespass, and can give rise to civil and possibly criminal liability. So that's how they have the right to insist on a payment… But trespass is a state law issue, and varies from place to place… So check with a local lawyer familiar with the issue. An interesting wrinkle though, is whether using footage captured in a club or theatre within the context of a film is really “commercial”. In first amendment discussions, where we look at a government restriction, it probably wouldn't be considered commercial. That term would more likely apply if the film is being used to promote the band, or a product of some sort, like an album or concert tickets. So, it makes sense to talk with the theatre about what they mean, specifically, when they say no commercial use. But ultimately, $800 is cheaper than any lawsuit… Even if you win. What's your time worth for defending against this? So, the practical advice, pay the fee, or don’t use the footage. Now, if you have a question that you'd like to see answered here, please send it to me at https://firemark.com/questions ============= This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Location Releases – Entertainment Law Asked & Answered originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
Featuring real people in a fictional work – Entertainment Law Asked and Answered
Entertainment Law Asked & Answered
AUDIO: TRANSCRIPT: www.firemark.com Fair Use – https://www.youtube.com/watch?v=DlIXcqnVM50 Can you mention famous people in your book, play or movie? I'm Gordon Firemark, and this is Asked and Answered, where I answer entertainment law questions like this so you can take your career in entertainment to the next level. Daniel writes in with this: “I just completed writing my manuscript. In it, I make references to several famous college head football coaches, who are still living, and one NFL coach who is now deceased. The five collagen head coaches listed are in a recruiting trip trying to convince the nation’s top quarterback in high school football competition to play at their university. Is it permissible to use theses coach's names and give them a speaking role in the narrative? Also, am I allowed to make references to song titles and famous quotes, such as JFK's speech, (ask not what this country can do…), or a quote from Napoleon Bonaparte, and so on and so forth…. Thank you.” So here we go. This is a fairly complex question with lots of moving parts and variables. It involves several legal principles, but the Basic rule is that you don’t need permission to simply mention someone’s name (living or dead), as long as your discussion is TRUE., and isn't revealing any private information, and as long as it's not commercial, like attached to a sales pitch, advertisement, etc. But if you’re including these people as **characters** in a work of **fiction**, you are by definition creating something that’s NOT true. It didn’t happen. So, it’s false. If it’s harmful to their reputation, or creates some implication that they endorse your book and its message, you could encounter trouble. Song TITLES are generally OK, as long as you don’t say “song title was written by a child molester” or something… Thereby make a false, damaging statement about the songwriter. Now, Quotes are very dependent on how much you take, from whom, and from how long ago. For example: Napoleon’s stuff is in the public domain. It's long enough ago that I feel very confident in that statement. JFK’s is in the public domain, if it was something he created while he held government office. But if it was something he wrote before he was elected, it's probably protected. Most of Martin Luther King’s speeches, and writings, however, are still protected by Copyright, so they’re off-limits unless you get permission from the Trust that manages his estate. OR, of course, unless your use amounts to FAIR USE… But that's another video entirely… Look in the notes down below for a link. OK, so your best bet, is to have a lawyer or a research firm carefully review and annotate your manuscript to identify any potential trouble spots. Then, armed with their report, there are some judgment calls you’ll need to make about whether to keep things or discard them. A lawyer can certainly advice and counsel in this regard. Thanks for a Great question, Daniel! And if you have a question you'd like answered here… Submit it at https://firemark.com/questions. See you next time. ============= This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Featuring real people in a fictional work – Entertainment Law Asked and Answered originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
Favored Nations – Entertainment Law Asked & Answered
Entertainment Law Asked & Answered
AUDIO: TRANSCRIPT: www.firemark.com Blog Reader “Bob” wrote in with the question about what sometimes referred to as a favored nations cause. I'm Gordon Firemark, and this is Asked and Answered. My answer is just a minute away.     Blog Reader “Bob” wrote in with this question: “If a theatre is seeking grand rights to use a song in an original musical, and the publisher quotes a royalty of X% of weekly gross pro-rated among all copyright protected songs in the musical, does that mean one would divide the %weekly gross by the number of copyrighted songs in the production and pay them that, or is there a different legal meaning to the phrase that was used?” Your interpretation is *mostly* correct. Technically, I'd say that songs need not be “copyrighted” in order to be counted as the denominator in the equation to determine the pro-rate proportion for each song. After all, all songs in the show contribute equally to the impact the show makes, so why should the fact that one's covered by copyright and one's not make a difference. So, if you've got 10 songs (copyright protected or not), each song would get 10% of the overall royalty rate (assuming all songs are on a “most favored nations basis”.) When you see that a deal point is treated on a Most Favored Nations basis, it means that No other deal (of its kind) will contain more favorable terms than the one in question, and if any other deal DOES include more favorable terms, then all such deals will be “upgraded” to those better terms. Essentially, parties are hedging their bets that someone else could negotiate a better deal, and everybody would benefit. This kind of provision is almost universal in Grand Rights license deals. “Most Favored Nations” is a shorthand way of expressing this, and the phrase originates in the field of international trade… In effect, a country that has been accorded MFN status may not be treated less advantageously than any other country with MFN status by the promising country. But savvy publishers might recognize that some songs are not copyright protected, or non-royalty bearing, and ask that they be excluded from the calculation. In such a case, the non-copyright protected works would NOT be receiving Favored Nations Treatment, so I'd resist this if possible. https://firemark.com/questions ============= This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Favored Nations – Entertainment Law Asked & Answered originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
How To Get Permission to Use a Song in a Film or Video – Entertainment Law Asked & Answered
Entertainment Law Asked & Answered
AUDIO: TRANSCRIPT: https://firemark.com Music Rights – How do you get permission to use a song in your video or film? Hi, I'm Gordon Firemark, and this is Asked and Answered, where I answer common entertainment law questions, so you can take your entertainment industry career and business, or just your hobby, to the next level. So, in a previous Asked and Answered session, I talked about fans making cover videos and posting them on Youtube and Facebook. And I explained that, when you include a musical composition (even your own recording of the song) in a video or film, you need special permission, called a Synchronization or Sync License from the owners of the copyright in that song. So here's how you get that license. It's actually pretty simple, conceptually. You find out who owns the copyright, You submit a request You wait for an approval, called a “quote” You agree to pay the required license fee in a written contract prepared by the copyright owner And you're set. In practice, however this is a bit more complicated. That's because lots of songs are written by multiple songwriters. Collaborators. And, each of those songwriters might be represented by a different publishing company. And you need permission from all of them. So, you've got to track down all those publishers so you can ask. Now, a good place to start this is by looking at the liner notes for a recording of the song you're using. Oh, wait, this is the 21st century, and you're listening to an mp3 that doesn't have liner notes, or on a streaming service… Again no liner notes. So, first check out the source where you got the music in question, and see if it lists the names of the songwriters and their publishers. Then google those companies. OR, head over to ASCAP.com and BMI.com, and search their repertoires. Then, contact each publisher, and request the permission for the use you have in mind. Then you wait for the quote, and then the license agreement…. Which you have to read, and understand, and comply with its terms… And that's how you clear music rights. More work than you thought, huh? This is why TV shows and Film Production Companies have staffers who do this stuff for them. Most shows and films have a music supervisor who helps find the music, and identifies the owners, and then a lawyer or paralegal or other executive will handle the actual licensing. For a film project, or a TV show, that makes sense, But for your typical YouTube or Facebook video… It's probably overkill. Maybe you'd be better off using some original music you wrote, or a track from a royalty-free source. That's it for this session of Asked and Answered. Submit your entertainment law questions at https://firemark.com/questions. See you next time. This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post How To Get Permission to Use a Song in a Film or Video – Entertainment Law Asked & Answered originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
Using Film Clips in Movie Reviews – Entertainment Law Asked & Answered
Entertainment Law Asked & Answered
AUDIO: TRANSCRIPT: www.firemark.com Brief Explanation of Fair Use YouTube’s Strike Policy   Tim wrote in with a question about his movie reviews channel on YouTube. I'm Entertainment Lawyer Gordon Firemark, and this is Asked and Answered, where I answer your questions, so you can take your business in entertainment and media to the next level!  My answer in just a sec… So here's what Tim wrote in the comments on my YouTube channel… “A friend and I want to start a YouTube channel that reviews movies. We want to give facts, actors, and other details about the featured movie, as well as put 2-3 short clips from that specific movie. How can we do this legally and without getting a copyright strike on our YouTube channel?” Hi Tim, First off, the best way to get questions to me is via https://firemark.com/questions, that way you get notified as soon as I post an answer via video. And you get subscribed to my free email newsletter, where I provide all kinds of other free, useful information. OK, here goes… Movie Reviews in electronic media have a long history of using clips, stills and other material from the the films they're reviewing. TV review shows, radio reviews, and what have you… All of them have done this. In most cases, the studios have provided the clips as part of the press-kit for the films.  After all, they want to get these films out there for the public to know about, so they'll come and see them. That's how the studios make money. So.. Start by contacting the major studios and film distributors and asking to be added to the circulation list for their Electronic Press Kits (EPK for short). Sometimes you can find the EPKs on the movie websites, so have a look around Now if you get the clips this way, then you'd be operating under a license from the copyright owner… And as long as you comply with whatever terms they require, you should be fine. But, small snippets used in the context of a bona-fide movie review will most likely constitute FAIR USE, and therefore NOT copyright infringement. The trouble is, it's risky to rely on Fair Use in these situations, since that determination is typically made on a case-by-case basis by a Judge or Jury… Which means you're already embroiled in a lawsuit by the time you get to present the defense. You may also want to have a look at my “Brief Explanation of Fair Use” video: https://firemark.com/fairuseinbrief for a bit more detail. The good news is that a recent court ruling requires copyright owners to make a good-faith determination about fair use BEFORE issuing a DMCA takedown. AND, if they do issue a takedown, you'd have a valid basis to issue a counternotice, and get the video reinstated. YouTube’s strike policy is somewhat flexible, and they've recently indicated that they'll even help support users who have fair use claims. (see http://www.zdnet.com/article/google-announces-legal-support-for-youtube-fair-use-copyright-battles/) So, my advice is: See if you can get official press/PR copies of the footage you want to use, and be careful to comply with the film owners' requirements, but even if you're not able, consider whether your use falls within the fair use defense/exception to copyright infringement, and document your decision making process. You may want to consider getting some Errors and Omissions insurance to cover you and legal fees if you're sued. And, of course, contact me if you need further analysis and advice. I can prepare a formal opinion letter about your videos. So if you have any question about entertainment law or business that you’d like to see answered here, send it over by or visiting https://firemark.com/questions ============= This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Using Film Clips in Movie Reviews – Entertainment Law Asked & Answered originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
Interview Releases – Entertainment Law Asked & Answered
Entertainment Law Asked & Answered
AUDIO: TRANSCRIPT: www.firemark.com Do you need permission to write a book based on your interviews with public figures? Hi, I'm entertainment lawyer Gordon Firemark, and this is Asked and Answered, where I answer common entertainment law questions, so you can take your career to the next level. So, Stephen has been interviewing some celebrities, and plans to feature their remarks, stories and such in a book he's writing. Some of the interviews are in-person, sit-down type discussions, and some are being done by email, with the celebrities writing their answers to the questions themselves. Does Stephen need to have to have these folks' permission to include them in the book? Do they have to sign a release form? Even if they write the answers themselves? A: As you probably realize… Celebrities can and do sue when their names or likenesses are used in a way that creates a false endorsement or implies some kind of sponsorship or approval of the material. Now, in the case of an interview included in a book, it's probably not a commercial use that would give rise to a Right of Publicity claim, but a celebrity with a smart lawyer will probably claim that even though there was consent to the interview, you used it in a way that wasn't authorized… So that's a breach of contract, or even a Fraud claim. And, if the celeb actually wrote the words you used… That could mean a copyright infringement claim. Sure, you have a bunch of defenses… Free Speech, Newsworthiness of the content, Fair Use (of copyright material), and there's always the alleged consent. But unless you have something in writing, you're going to be fighting an uphill battle. Written consent is always the best defense. It's your “get out of trouble free” card when these claims, however frivolous they might be, come along. But written consent isn’t always possible. Lots of folks get leery when presented with a release form to sign… So, if you're recording the interview (again, in most states you need consent to do that), you should record the person saying “yes” in answer to your request. So, if it was me, I'd start the recorder, and say, “I'm Gordon Firemark, and today is July 3rd, 2015. I'm recording this interview with Suzy Starlett. Suzy, you understand that I'm recording this interview, and you consent to me using this recording as part of my book (which is tentatively entitled “homely Hollywood harlots” and in all other media and languages, everywhere in the world, forever?” Make sure the recording can hear and see (if it's video) that the person is giving consent. Now, if the person you're interviewing a true public figure, someone who's in the public eye because of their work, or other events they've participated in, you are probably OK, even without the consent, because the First Amendment provides protection, at least against the privacy kinds of claims. But do yourself a favor… Get the consent. Now, in the situation where the celeb is writing the responses him or her self, you absolutely MUST get written permission to use it. Without it, you won't be able to publish your book.. Publishers will insist. Interestingly, the question of who owns copyright in an interview is a subject of some controversy. The copyright office has said that it's two copyrights. The interviewer owns the questions, and the subject owns the answers…. Again, unless you have something in writing, or some other proof of the consent, and authorization to use the thing. So, just avoid any doubt about things… get a release. In writing, if at all possible. And by the way… This same advice goes for anyone creating any kind of media. Blogs, podcasts, YouTube videos… If you've got other people's stuff (whatever kind) in your content… You need to have a release to prove you're free to use it. For a free downloadable version of that oral release I just did, head over to https://firemark.com/interviewrelease And to get your question answered here, just hit me at https://firemark.com/questions. ============= This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Interview Releases – Entertainment Law Asked & Answered originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
Entertainment Law Asked & Answered – What are Separated Rights?
Entertainment Law Asked & Answered
In this Asked & Answered video, I answer a question about separated rights.   AUDIO: TRANSCRIPT: Hi, I'm attorney Gordon Firemark, and this is Asked and Answered, where I answer your entertainment law questions, to help you take your career and business to the next level. The Separated Rights provision is One of the most frequently misunderstood parts of the writers Guild contract so stick around… I'll do what I can to explain. What are Separated Rights? Separated Rights are a group of rights that writers of original material receive under the Writers Guild of America Minimum Basic Agreement. Normally, when a Writer's Guild member is hired to write an original screen- or teleplay, he or she is an employee, so the material is a Work Made For Hire, with the copyright in that screen- or teleplay being owned by the employer. But, the WGA negotiated for certain of the rights to be “separated” out and conveyed instead to the writer. These are the Separated Rights, and how they are handled is a little different between television and films. Basically, a professional writer (union member) who writes an original script is entitled to keep the dramatic and publication rights in the material, as well as the right to do a rewrite And to be paid for sequels. Under certain scenarios, the writer can also re acquire the rest of the rights. In television, the specifics are slightly different, but the same basic principles apply. What this means is that if you're planning to produce, let's say, a stage musical based on a film, you might have to deal with the writer AND the producer of the movie. “Why?” You ask, “would I still have to make a rights deal with the movie producer?” Well, unless your adaptation adheres strictly to the script as written by the screenwriter, it probably incorporates elements from the film, which aren't in the script. Directors, scenic designers, wardrobe, special effects, and music are all material that are protected by copyright as well, and, except in really unusual situations, belong to the producer. So, separated rights, then, is really a way to provide the writer with some leverage, and a “second bite at the apple” if a script turns into a movie so successful that it is later adapted for the stage, or published, and so on. If you're looking at a situation where this comes into play, you'll want to consult your entertainment lawyer, to make sure you're getting all the rights you need. I hope you like these asked and answered videos, and that you'll subscribe to the channel so you don't miss out on them as they come out. You can submit your question at https://firemark.com/questions   ============= This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Entertainment Law Asked & Answered – What are Separated Rights? originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
Entertainment Law, Doomed TV, Jumanji, and Psych The Movie | Ep 296
The Hollywood Outsider
As DC has struggled on the big screen, they have exceled on television. What you might not know, is that there were numerous attempts at a DC TV universe before Arrow and The Flash. So why didn’t those work? On this week’s podcast, we’re going to dive into this conundrum. Later, Attorney Gordon Firemark of Entertainment Law Update stops by to discuss the rash of harassment claims upending Hollywood as of late. He takes us through the moral clauses of studio contracts, repercussions for accusers, and what should happen if an entertainer was falsely accused on an indiscretion. You will not want to miss this. Also on this week’s podcast: Quentin Tarantino wants an R-rated Star Trek, DC Films shakes things up again, spoiler-free reviews of Jumanji: Welcome to the Jungle and The Disaster Artist, and this episode would not be complete without our Psych the Movie Reactions and Review! Join in on our conversation and listen to the latest episode of The Hollywood Outsider. Discussed on this episode of The Hollywood Outsider Movie and TV Podcast: (0:00 – 25:45)Movie and TV Discussion: Quentin Tarantino and JJ Abrams pursue an R-rated Star Trek, are movies trying too hard to be dark, DC shakes up their Extended Universe again, and more (25:46 – 48:00) From The Outside In Topic: Why DC TV Took So Long To Take Off (48:01 – 1:15:25) Interview with Entertainment Lawyer Gordon Firemark (1:15:26 – 1:32:02) Reviews of Jumanji: Welcome to the Jungle and The Disaster Artist | Significant Anniversary: Titanic | Recommendations (1:32:03 – 2:33:09) Psych the Movie Reactions and Review Find more on Gordon Firemark at Firemark.com Email us your thoughts on the episode, answer our ‘What’s This Movie?’, or suggest a topic to feedback@thehollywoodoutsider.com Please support The Hollywood Outsider and gain immediate access to exclusive bonus content, including a bonus monthly episode and Bad Movie Night, by visiting com/ TheHollywoodOutsider Be sure to join our Facebook Group Join our Fantasy Movie League! Find our league, then use the password ‘buypopcorn’ Do your shopping via our Amazon Link!   Listen and Subscribe for FREE to a new episode every week of The Hollywood Outsider Movie and TV Podcast at: You can now listen on Spotify and I Heart Radio! Apple App: https://itunes.apple.com/us/app/the-hollywood-outsider/id1013174753?mt=8 Google App: https://play.google.com/store/apps/details?id=com.thehollywoodoutsider.android.thehollywoodoutsider iTunes: http://itunes.apple.com/us/podcast/the-hollywood-outsider/id454075057 Stitcher: http://app.stitcher.com/browse/feed/17997/episodes RSS Podcast Feed: http://thehollywoodoutsider.libsyn.com/rss TuneIn Radio: http://tunein.com/radio/The-Hollywood-Outsider-p638432/
Using short clips in educational video – Entertainment Law Asked & Answered
Entertainment Law Asked & Answered
AUDIO: TRANSCRIPT: www.firemark.com A fellow attorney wrote in with a question about using short film clips… Hi, I am Gordon Firemark and this is asked and answered, where I take your entertainment law questions so you can take your career and business in entertainment to the next level. Stick Around for my answer.   OK, here's what this fellow lawyer asked: I am in the legal field, a Barrister in England and Wales, and I am now living in the USA. I wanted to create a series on English Law on YouTube and use clips from different movies for some of my examples. The clips would not be more than 15 to 30 seconds most. I will also intend not to use the heart of a film. I may use 7-10 different clips from 7-10 different movies or videos, small 15-30 second portions. In total I wish to say it would not be the majority of the work. This would be strictly for education and non-commercial purposes. I would only use the video as I would transform the video with legal examples. I am also using my own sound. OK, so here what I told this fellow. First… the “best practice” is to obtain licenses. Sure, it’s possible that such short clips would be found to be fair use, and therefore non-infringing, I think there’s a reasonably high degree of risk that someone will object, and file DMCA Takedown notices, (at least), and possibly sue you. And lawsuits are never any fun… They're just colossally expensive. That said, there has been recent ruling in Lenz v. Universal that tells us copyright owners are required to consider fair use before issuing DMCA notices… But who knows whether that will survive further appeal… And that's in progress right now as I record this in November of 2015. So, let's quickly recap the four fair use factors. In determining whether the use made of a work in any particular case is a fair use the factors to be considered are: the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. But even if you’re in Fair Use Territory, though, remember… if you get too many takedown requests, your Video hosting provider (YouTube or whatever) will shut down your account, and it’s very difficult to get reinstated. It can be a real black mark. So… my usual advice is license the footage. Such short clips probably won’t cost much. You might even get ‘gratis’ permissions, if you ask nicely and explain what you're working on.. Now I did a video a while back in which I explain how Fair Use works… And it's at My video about Fair Use is at: https://firemark.com/fairuseinbrief If you have a question you'd like to see answered here on Asked And Answered, head over to https://firemark.com/questions and drop me a line. See you next time. ============= This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Using short clips in educational video – Entertainment Law Asked & Answered originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
134 Getting your show shut down — how to avoid it
Theatre Geeks
There are some rules about play production -- breaking them can result in getting your show shut down. Our friend and entertainment lawyer Gordon Firemark recently published this blog post on how producers can make sure they don't get their show shut down.  Gordon's insights sparked a conversation between the Geeks.  Authors and play publishers set down a lot of rules about how you're supposed to produce their plays.  Rules can be both artistic and pertain to the marketing of your production, and you ignore them at your company's peril.  And while most requirements are pretty standard, there can be special cases and variations depending on the author and/or publisher. Want to do a musical but you prefer the song from the movie that replaced the one in the original production?  Careful!  You're definitely not allowed to do this unless you make special arrangements, which may be difficult to get.  So, what do to?  Ok, maybe you just cut the song, right?  WRONG.  Mostly, theatre companies are obligated to produce plays and musicals as written.  This is not just some temperamental author being a prima donna.  Authors have a right NOT to have their work tampered with.  If a theatre company does damage to a work it is still attributed to the author, most audience members may hate the play not realizing the author didn't write it that way.  If you can't get permission for changes, you don't make them.  Or you find another play that you like better.  Simple as that. The Geeks delve deeper into this issue, so listen in.   Article: How to make sure your production doesn't get shut down, by Gordon Firemark.   Music for Theatre Geeks provided by Music Alley.
156- Podcast intruders and poachers and copy-cats
Podcast Reporter
This episode discusses three situations where podcasters and others have intruded upon your title of your podcast show and have become poachers and copy-cats. In fact, they may be in violation of your copyright, etc. We discuss the situations of: the use of the name of one of my podcast shows (which has since podfaded in 2017) as a blatant copying of my intellectual property; the use of the name of a podcast show created by Dave Jackson in the School of Podcasting show (i.e., Podcast Review Show); and the use of the name of a Podcast show created by Libsyn, called The Feed. NOTE: this episode is NOT legal advice. I am not a lawyer, nor do I play one on television shows (a humorous line in the podosphere). However, for legal advice, I do refer you to a couple of attorneys who are specialists in the world of podcasting and media: GORDON FIREMARK — I have interviewed Gordon and have met him personally at the last NMX conference in 2015. He is a specialist in podcast law, entertainment law, media law, video law, etc. He is also a podcaster who has his podcast titled Entertainment Law Update. DAVID LIZERBRAM — I have also interviewed David, and he has a podcast called Products of the Mind, where he explores the law and creativity. This topic of protecting your name and intellectual property is very important for podcasters today, as there are instances of other podcasters and people in the media space that do not engage in researching properly the name or other intellectual property to ensure their uniqueness, but just copy what is not really theirs and create a headache for the podcasters that may have given the written attributions for copyright and may have obtained a trademark. For an legal advice, we ask that you consult Gordon Firemark or David Lizerbram. Copyright (c) 2019, Matrix Solutions Corporation. All rights reserved.
Podcasts, Platforms, and Copyrights
The Word From Mouth
Copyrights and ownership for podcasts, the necessity for platforms to treat podcast content and RSS feeds as copyrighted content even if available to pull, and honoring the work the podcaster is doing with the standards and guidelines put forth. Plus, an interview with Gordon Firemark of  “Entertainment Law Update”, along with the latest podcast and in-demand headlines from Podnews. MouthMedia Network studios are powered by Sennheiser. In this episode: Example of Castbox reportedly removing links, republishing modified podcast feeds Whats responsibility of platform carrying RSS feeds and right of podcasters to feeds Podcasts protected by copyright law, period The second you record or “fix” content, you have a copyright ownership, you do not have to register it, although that offer additional rights to register Joint copyright ownership of everyone contributing Differentiating trademarks from copyrights Making copyrights available via feeds, but have different definition of what use permissions are Changing ways show are presented and way show notes operate, and removing copyright notice – could this constitute intentional modification of a feed and therefore copyright violation? Necessary to make sure you have permissions, especially if modifying RSS feed, as feed and audio are protected by copyright law Implications to ability to generate revenue, track data and statistics accurately Rights to consume, commercialize content requires direct consent for players Creating collaboration instead of a kind of “land grab” _________________________________________________ In this episode: An interview recorded at the 2018 Podfest Multimedia Expo withGordon Firemark of “Entertainment Law Update” podcast The latest podcast and on-demand news from Podnews MouthMedia Network CEO Rob Sanchez on copyright ownership for podcasts, the necessity for platforms to treat podcasts content and RSS feeds as copyrighted content even if available to pull, and honoring the work the podcaster is doing with the standards and guidelines put forth.
Music Rights in Video of Play – Entertainment Law Asked & Answered
Entertainment Law Asked & Answered
AUDIO: TRANSCRIPT: https://firemark.com Scott asks a tricky question about music rights for video of a stage production… Hi, I'm attorney Gordon Firemark, and this is Asked and Answered, where I answer your entertainment law questions, to help you take your career and business to the next level.   OK, here's what Scott wrote in… Q: I create and tour original visual theater. We tour internationally and in every contract the producer or venue pays the ASCAP or other performing rights society fee for the music that is used in our performances. However if one were to record a performance and make it available online for sale who would the international fees be paid to for the video rights to the 20+ snippets of music in the performance? And how would one go about getting the rights to use said snippets of music? First off, I have to say that, based on what he's described, I’m not 100% certain that the venues paying ASCAP and similar types of licenses is enough to get the rights for what they're doing. You see, those Performing Rights Organizations only license so-called “small” performing rights (concerts, coffee-houses, radio airplay, etc.), and not the “Grand” rights that are involved when music is an integral part of a stage production, where the music helps move the storyline and characters forward. It’s possible that they're in small-rights territory, if this show is fairly sparse on plot, storyline, costumes, lights, etc., but it’s also possible that they really need grand rights for what they're doing. Grand Rights licenses are negotiated directly with the music publishers who own / administer the songs. But that’s not the question Scott asked. To use the music in video, you also need to directly license each piece of music from the publishers that own them. The license needed is called a “synchronization” license (which authorizes you to synchronize the song with pictures and dialogue, etc.) AND, if you’re using existing recordings of the music, you also need a “master use” license from the record company that owns the recording you’re using. To add to the hassle, many songs are administered by multiple publishers, (each songwriter’s interest might be handled by a different company)… So you might have to chase down 3 or more publishers for a single song. These licenses are not automatically approved. Publishers usually have to secure approval from the songwriters themselves before licensing this kind of thing, (the songwriters or their heirs… Sometimes have weird views about such stuff) so the publisher will ask for lots of information about the intended use… Context, script pages where the song appears, duration of the piece used, nature of the use (background, visual-vocal, etc.)… And then they’ll quote a price for the use. Licenses are usually done on a “most favored nations” basis, so the highest quote sets the bar for all the music… This can be a tremendously time-consuming process, so you should leave plenty of time. The process: 1. Research to identify who holds the rights to each song 2. Prepare and send a quote-request (sometimes a form, sometimes just a letter asking for the rights needed) to each rights-holder. 3. Wait for approval and quote 4. Sign licensed pay fees/royalties 5. Use the music But here's the other wrinkle… because you’re now revealing the nature of the show to these publishers, they too, will be asking the question whether you’re in “Grand Rights” territory, or whether the ASCAP/BMI rights are sufficient for the live aspect of what you’re doing. And that's it for this session of Asked and Answered. Do you have a question I can answer here? Visit firemark.com/questions See you again soon. This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Music Rights in Video of Play – Entertainment Law Asked & Answered originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media
Entertainment Law Asked & Answered – Licensing Music For Kids Performance School
Entertainment Law Asked & Answered
  AUDIO: TRANSCRIPT: www.firemark.com Entertainment Law Asked & Answered – Grand Rights and Sound Recordings: https://www.youtube.com/watch?v=N9ZVN8HT4uo Jamie wrote in with an interesting question about music licensing in theatre… Hi, I am Gordon Firemark and this is asked and answered, where I take your entertainment law questions so you can get your career and business in entertainment to the next level. Here's Jamie's question: “I am researching the licensing needed for rehearsals, as well as recording live performances, for a children's musical theater group, set up as an LLC, with monthly fees. We hold weekly class rehearsals in one space and then move to the theater for paid performances eight months later. Are blanket licenses needed for both spaces? Would that cover pre-show music as well? We often play and dance to other CDs, presumably covered in an education setting but not associated with the show. ” She goes on to mention that she understands that Grand rights, and show royalties are separate and am addressing this also. So I'll address the other aspects here. If you need more info about grand rights, I'll post a link in the notes below to a video about that. So, this is a question that has both a legal aspect and a practical component, so I'm going to address it from both angles. You'd have to check with ASCAP/BMI, but my take on things is that rehearsals may note require a license, if they're closed to the public, simply because they're not “public performances”. You see, copyright protection covers the right of the owner to control the use of the material for public performances, it doesn't say anything about private. But the licensors may feel very differently, and the cost of a fight will far exceed the cost of a license. It might be worth just paying for the rehearsal studio license. Most dance studios and school facilities have licenses already in place, so that is worth investigating. For performances, yes, you need licenses… But they may not be so-called “blanket” licenses. Some of the available licenses require logging of songs, per-performance fees, or flat fees for the run. You'll want to check in with the societies, and figure out which kind of license applies to your particular circumstances. This should cover pre-show, intermission, and post show music as well. Licenses for RECORDING the performances are a different thing entirely. You'd have to obtain what's called a “mechanical” license from each publishing company that owns any portion of each song. Lots of leg work, and they'll want to get paid based on your sales, or something. Fortunately, most of the major music publishers have an arrangement with an outfit called the Harry Fox Agency. Go online and search for Harry Fox Agency and find out more about that. Now for video recording, we have still another quagmire, involving similar challenges, but even harder to get approval from publishers. So, the practical aspect: Focus on the core mission, giving the kids the valuable experience of performing. Get the performance licenses you need, but as for recordings, steer clear. Don't record the performances, and don't allow others to do so. This'll be unpopular with parents, but it's the legal high ground. If a parent chooses to surreptitiously record… So be it. We all know it happens every day… But at least you and your school will have done the right thing. If you have a question about entertainment or media law, submit it by visiting firemark.com/questions.   ============= This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for viewers'’ detrimental reliance upon the information appearing in this feature. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Entertainment Law Asked & Answered – Licensing Music For Kids Performance School originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media