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Copyright Law

Law Offices of Ernest Goodman > Copyright Law (Page 2)

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

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?...

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Immigration Traps for International Filmmakers

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....

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Two Approaches to Independent Filmmaking

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....

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

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....

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Chain of Title, Title Reports, Copyright Reports, and Certificates of Clearance

During the Hollywood Park Film Festival in 2025, where I served as a panelist on the “Deal or No Deal” legal discussion, several filmmakers and producers approached me with detailed questions about title searches, copyright searches, and other intellectual property clearance issues. Many were surprised to learn that before a film can be distributed or insured, it must pass these legal checkpoints — verifying that its title is unique, its creative materials are properly licensed, and its ownership chain is complete....

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Film Deals and Intellectual Property

Today we will talk about different types of deals in filmmaking — how films are financed, how distribution is secured, and what legal pitfalls filmmakers need to watch out for. On October 6th, 2025 at 12:00 p.m., I will be speaking on a panel at the Hollywood Park Film Festival, answering questions from filmmakers and industry professionals about these very issues....

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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....

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

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....

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