25 January

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How to Maintain Creative Control as an Independent Film Director

The role of a director is central to any film production, but the extent of their creative control often depends on the legal and union frameworks governing the production. If you’re a director or producer navigating a project’s relationship with the Directors Guild of America (DGA), several critical factors need to be addressed. This article explores two key questions: Can a director who is not a DGA member work on a production governed by DGA rules, and does the DGA require creative control to belong to the director? Additionally, we will address the dynamics of independent filmmaking and how ownership...

17 January

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Important Update: TPS Extension for Ukraine Through October 2026

Posted by Ernest Goodman

in Immigration Law

If you have a pending Form I-821 (Application for Temporary Protected Status) or Form I-765 (Application for Employment Authorization) as of January 17, 2025, you do not need to refile these applications. USCIS will continue processing any applications that were submitted under a previous TPS designation for Ukraine. Once your application is approved, you will be granted TPS through October 19, 2026, and, if applicable, issued an updated Employment Authorization Document (EAD) valid through the same date....

13 January

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Deepfake in Filmmaking: Legal Insights from Attorney Ernest Goodman

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

From a copyright standpoint, the use of someone’s likeness, especially a well-known figure, often involves indirect implications. While faces themselves aren’t subject to copyright, photos, videos, and other original works that capture a likeness are protected. If your deepfake involves the use of copyrighted material (e.g., video footage or images), you may be infringing the copyright owner’s rights....

11 January

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PTAB Patent Proceedings Overview

Posted by Ernest Goodman

in Patent Law, Trademark Law

PTAB proceedings, such as IPR, PGR, CBM, and derivation proceedings, provide an efficient way to resolve disputes over patent validity and patentability. These proceedings have become an essential tool for maintaining patent quality and ensuring that invalid patents do not impede innovation....

11 January

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Understanding the 35-Year Copyright Transfer Termination Right: Implications for Filmmakers

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

One of the most significant rights in U.S. copyright law, often overlooked by filmmakers, is the 35-year copyright transfer termination right under the Copyright Act of 1976. This provision allows authors (or their heirs) to reclaim rights to works they previously assigned or licensed to another party after 35 years. Here’s how it works and why it matters in filmmaking:...

03 January

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The Six Different Types of Music Licenses

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

Whether you're a content creator looking to find the perfect music for your videos or a company planning to use music in commercials, incorporating music legally and effectively is essential. Music can set the tone, evoke emotion, and strengthen your brand identity, but navigating music licensing can be challenging. In this guide, we’ll walk you through the basics of music licensing, its importance, and the various types of licenses available to ensure you can confidently and legally use music in your projects....

03 January

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The arrival of a new set of copyrighted works entering the public domain

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

Every January since 2019, people in the U.S. have celebrated the arrival of a new batch of previously copyrighted works entering the public domain. These works, now free for anyone to publish, modify, and adapt without requiring permission or paying royalties, include a diverse range of creative materials. For filmmakers, writers, and creators, this moment unlocks exciting opportunities to reimagine and transform beloved classics into fresh works for modern audiences....

02 January

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Understanding the Nuances of Music Clearance

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

Music supervisors are responsible for selecting the right music for a project and ensuring it fits the creative vision. They collaborate with filmmakers, producers, and other creatives to choose music that complements the project. However, lawyers handle the legal side—negotiating licensing agreements, ensuring all rights are cleared, and preventing legal disputes....

02 January

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EB1A for Filmmakers

Posted by Ernest Goodman

in Entertainment Law, Immigration Law

While meeting three of the ten criteria is a necessary step to qualify for the EB1-A visa, it is not always as straightforward as it may sound. The Kazarian case clarified that it’s not simply about checking off three categories; the evidence must demonstrate that the applicant is truly extraordinary in their field. Filmmakers who have achieved significant accomplishments, received recognition from prestigious institutions, and made lasting contributions to the industry may be eligible for an EB1-A visa....

03 December

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How a Project-Specific LLC Can Help in Independent Film Production Under New York Law

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

Today we will talk about how to properly classify workers for independent film production under New York law. One of the key legal considerations for filmmakers is whether your crew, director, and screenwriters should be classified as employees or independent contractors. While New York does not use California’s AB-5 law or its stringent ABC Test, it relies on the common law of agency to determine worker classification. This makes it essential for filmmakers to carefully structure contracts and production arrangements to avoid misclassification issues....

Author: Ernest Goodman