03 January

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

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....

03 December

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How a Project-Specific LLC Can Help in Independent Film Production in California

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

The state's attempts to regulate gig drivers working for companies like Uber and Lyft have had unintended consequences, particularly impacting the independent film industry. While the legislation was designed to address issues surrounding worker classification and ensure fair treatment for gig economy workers, its broad scope has inadvertently ensnared freelance professionals in other sectors, including filmmaking....

24 November

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Creating an Intellectual Property (IP) Portfolio: Lessons from Mayo and Myriad cases

Posted by Ernest Goodman

in Patent Law, Trademark Law

The Mayo and Myriad rulings emphasize that just isolating a natural substance or applying a law of nature to a process is not enough to secure patent protection. These decisions have significantly affected how companies approach the creation of an IP portfolio, particularly in the life sciences and biotechnology sectors. With this context in mind, building an effective IP strategy today requires careful consideration of patent eligibility and an understanding of the legal landscape shaped by these key rulings....

29 October

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Visa Mantis Checks: Visa Revoked or Denied

Posted by Ernest Goodman

in cybersecurity, Immigration Law

Today we will discuss the Visa Mantis Check and the Technology Alert List (TAL). Sometimes, students on F-1 visas or workers on H-1B visas leave the U.S. temporarily, only to face unexpected delays, visa revocation, or even denial of re-entry. This can be a distressing situation for individuals who have adhered to their visa guidelines, only to be flagged under what is known as the Visa Mantis Check. There are cases when students or H-1B visa workers have their visas revoked....

21 June

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Parole in Place for Undocumented Immigrant Spouses of US Citizens

Posted by Ernest Goodman

in Immigration Law

On June 18, President Joe Biden announced a new program that will allow certain spouses of United States citizens to apply for “parole-in-place” from the Department of Homeland Security (DHS). This program, which is not yet open for applications, will enable up to 550,000 people to receive temporary protections and work permits in the United States. Additionally, it will allow them to apply for lawful permanent resident (LPR) status (also known as a green card) through their spouses without risking years of separation from their families....

07 March

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Understanding the New York SHIELD Act

Posted by Ernest Goodman

in cybersecurity

Today, we will discuss the New York SHIELD Act. While the United States does not have a uniform cybersecurity law, several states, including New York, have enacted cybersecurity laws, with the New York SHIELD Act being one of them In an age where data breaches and cyber threats pose significant risks to personal and corporate information, legislation aimed at bolstering data security measures is paramount. One such crucial piece of legislation is the New York SHIELD Act. Let's delve into what the SHIELD Act entails and how it aims to enhance data protection for residents of New York. In today's digital landscape,...

07 March

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The FTC’s Role in Data Security

Posted by Ernest Goodman

in cybersecurity

Today, we will discuss the role of the FTC in the cybersecurity landscape. The United States does not have a uniform cybersecurity law, but the FTC uses the term 'data security' instead of 'cybersecurity'. In today's digital landscape, where the integrity and privacy of personal information are paramount concerns, the Federal Trade Commission (FTC) stands as a beacon of authority and advocacy. Since its inception, the FTC has played a pioneering role in defining and promoting data security practices, shaping the foundation for safeguarding sensitive information in the modern era....

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

Understanding the Nuances of Music Clearance

EB1A for Filmmakers

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

How a Project-Specific LLC Can Help in Independent Film Production in California

Creating an Intellectual Property (IP) Portfolio: Lessons from Mayo and Myriad cases

Visa Mantis Checks: Visa Revoked or Denied

Parole in Place for Undocumented Immigrant Spouses of US Citizens

Understanding the New York SHIELD Act

The FTC’s Role in Data Security

Chain of Title: The #1 Reason Films Can’t Get Distribution

Immigration Traps for International Filmmakers

Two Approaches to Independent Filmmaking

AFM-25: How Film Financing Really Works Today — Pre-Sales vs. True MG Deals

How to get financing for your independent film: Insights from lawyer Ernest Goodman

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