14 May

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US Copyright Office Declares Commercial AI Use Exceeds Fair Use Boundaries

Hello everyone! Today, we're going to talk about commercial AI use. The U.S. Copyright Office has recently clarified its position on the use of copyrighted materials in training artificial intelligence (AI) models. In a statement, the Office asserted that employing copyrighted works for commercial AI purposes "goes beyond established fair use boundaries." This determination is based on concerns that such practices could produce outputs that directly compete with original works, potentially undermining the market for human creators....

02 March

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The American Rule in Legal Fees: Why Each Party Pays Their Own Lawyer

Posted by Ernest Goodman

in Civil Procedure, Copyright Law, Entertainment Law, Legal erhics, Pro Bono Work, Trademark Law

The American Rule is intended to encourage access to the courts. If losing a case meant automatically paying the other side’s legal fees, many people might be afraid to pursue valid claims. This rule ensures that litigation is not just a tool for the wealthy. However, critics argue that it allows frivolous lawsuits to flourish since plaintiffs do not face the risk of paying the defendant’s attorney’s fees if they lose....

02 March

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The Doctrine of Work for Hire is Often Misunderstood

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

Today, we're going to talk about the doctrine of work for hire in copyright law. Often, there can be situations where you think you own a copyright because the work was made for hire for you or your production company. But, in fact, contrary to what the contract states, you might own nothing. Let's explore the caveats and ways to solve this problem. Many think that just because they have a contract with artists and have paid for the work, they own the copyrights. Let's say you own a film production company and you've hired a screenwriter to write a screenplay....

15 February

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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....

11 February

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The Crucial Role of a Certificate of Clearance in Film Financing: Insights from Lawyer Ernest Goodman

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Trademark Law

Financiers and distributors are pivotal in transforming screenplays into cinematic realities. However, their support comes with a caveat: a strict adherence to legal assurances. Without a certificate of clearance, these entities fear the legal repercussions of copyright infringement, which can lead to costly lawsuits and project derailments. Hence, they typically refrain from financing projects lacking this essential document....

10 February

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How to Sell Your Screenplay at a Major Film Festival (Santa Barbara, Sundance, etc.)

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Trademark Law

Selling a screenplay at a festival is about relationships, persistence, and strategic networking. Don't go expecting to sell on the spot—focus on making connections that lead to future opportunities. By researching attendees, preparing your pitch, and networking effectively, you can increase your chances of getting your screenplay into the right hands....

10 February

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Copyright and AI-Generated Works: What You Need to Know

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Trademark Law

The rise of artificial intelligence in content creation has raised complex legal questions, particularly regarding copyright ownership and intellectual property rights. The U.S. Copyright Office and courts have consistently held that copyright protection applies only to works created by human authors. This means that works fully generated by AI—without substantial human creative input—are not eligible for copyright under current law....

09 February

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Increased Enforcement of IP Infringement in the Age of AI – Know Your Rights

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Patent Law, Trademark Law

Copyright owners are also aggressively enforcing their rights through AI-powered searches. Many demand letters accuse content creators of using copyrighted images, videos, music, or text without permission. Even small portions of copyrighted material can trigger enforcement actions....

08 February

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IP Clearance for Western Movies: Navigating Trademarks, Copyrights, and Product Placement

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

I’m a big fan of Western movies, and today we’re going to talk about something crucial in filmmaking—intellectual property (IP) clearance. Whether you're making a traditional cowboy film or a modern Western, understanding copyright and trademark issues is...

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....