11 January

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

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....

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....

07 March

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How New AB-5 Law Affects the Entertainment Industry in California

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

19 December

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Tips for film distributors

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Legal Advice

In the intriguing case of Randles Films v Quantum Releasing (2014), the complexities of copyright law, particularly the extraterritoriality limitation of the US Copyright Act, come to the forefront. This case serves as a pivotal example of how copyright laws are applied in cross-border disputes and the extent to which US copyright protections extend beyond its borders....

12 December

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Trademark Clearance for Screenwriters: Navigating the Legal Landscape

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Trademark Law

Trademark clearance is a critical step for screenwriters to protect their work and avoid legal entanglements. By understanding what needs to be cleared, avoiding certain words, and following best practices, screenwriters can navigate these legal waters with greater confidence and security. Always remember, when in doubt, seek legal advice to ensure that your creative work remains both original and compliant....

28 November

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Can an Idea be Protected Under the Law?

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

The key principle in federal copyright law is the distinction between an 'idea' and its 'expression'. This law protects the expression of ideas, not the ideas themselves. For filmmakers, this means that while a general plot concept, like a romantic comedy set in New York or California, is not protected, the actual script with its unique dialogue, character development, and scene descriptions, is....