27 August

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Copyright Small Claims Court vs. TTAB

Intellectual property litigation has an unusual economic problem. A person may have a perfectly legitimate legal claim and still conclude that enforcing that claim makes no financial sense. This is particularly common in copyright disputes involving photographers, videographers, graphic designers, writers, musicians, and small businesses. A photographer, for example, may discover that a company copied a photograph from his website and used it commercially without permission. The photographer may clearly own the copyright, may be able to prove the unauthorized use, and may ordinarily charge several thousand dollars for a comparable commercial license. Nevertheless, if the entire dispute is realistically...

25 May

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AI Makes Access to Filmmaking Easier

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

Artificial intelligence is changing filmmaking in ways that many people still do not fully understand. Most discussions today focus almost entirely on fear: fear of job loss, fear of automation, fear that machines will replace artists, writers, editors, actors, and entire production departments....

29 April

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AI in Hollywood: Law Is Behind Technology

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

Artificial intelligence is already embedded in the film industry. It is not theoretical. It is not “coming soon.” It is here. But its implementation is uneven, cautious, and often deliberately hidden behind traditional workflows. At the same time, other markets—particularly India—are moving faster, experimenting openly, and accepting risks that U.S. studios are unwilling to take....

16 March

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Copyright vs. Trademark in Film Titles

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Trademark Law

One of the most common misunderstandings among filmmakers is the belief that the title of a film is protected by copyright law. In practice, this is almost never the case. In the United States, the legal protection of film titles falls primarily under trademark law and unfair competition law, rather than copyright law. Understanding this distinction is important for filmmakers, producers, distributors, and anyone working in the entertainment industry....

30 January

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IP Strategy Plan and IP Portfolio for Film and Tech

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Trademark Law

Hello everyone, Today we will discuss the importance of an IP strategy plan, explain what an IP portfolio is in practical terms, and show how this applies—step by step—to both film projects and technology companies. We will also explain how we help creators and founders build and protect these portfolios in a way that supports real-world deals....

26 December

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

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Trademark Law

Independent filmmakers often believe that distribution depends on festivals, cast, or buzz. In practice, many completed films fail to secure distribution for a far less visible reason: broken or incomplete chain of title. Chain of title issues rarely appear early. They surface when a film finally attracts interest—when a distributor, sales agent, or platform asks a simple question: Do you actually own the rights you’re trying to sell or license?...

22 December

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Immigration Traps for International Filmmakers

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Trademark Law

International filmmakers are deeply embedded in the U.S. film industry. Directors, producers, cinematographers, editors, composers, and writers from all over the world come to the United States to attend festivals, develop projects, meet collaborators, and shoot films. Many are highly accomplished and assume that professionalism, artistic intent, or lack of payment will protect them from immigration problems....

02 December

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Two Approaches to Independent Filmmaking

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Trademark Law

Independent filmmaking remains one of the most creatively liberating yet financially challenging pursuits in the entertainment industry. As distribution models evolve, as streaming platforms redefine audience behavior, and as film markets become more selective, filmmakers must choose their production strategy with greater intentionality than ever. Despite the complexity of the modern landscape, the choices often boil down to two fundamental approaches: producing a film with the smallest possible budget, or structuring a project around a recognizable actor who gives the film commercial weight and market visibility....

15 November

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

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Trademark Law

This year I attended AFM-25, and the difference between this market and previous years was striking. I also participated in AFM-2023, where I rented a booth as the Law Offices of Ernest Goodman. That year was productive in terms of meeting people, but everyone remembers how chaotic the venue was. Many meetings happened in crowded hotel hallways, and the elevator system at the previous location simply could not handle the number of attendees. People spent twenty or thirty minutes waiting for an elevator just to get to their next appointment. The environment was not designed for serious business. The move to...

15 November

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

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

Unfortunately, if your film isn't produced by Netflix, it's likely to be buried in their content library, and the same applies to Amazon. These platforms typically don't actively market films unless they're labeled as Amazon or Netflix originals. While there are distribution companies that can place your film on Netflix, significant earnings are not guaranteed. From my experience with numerous films, Netflix is often where they go to die....