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Copyright Law

Law Offices of Ernest Goodman > Copyright Law (Page 3)

The Doctrine of Work for Hire is Often Misunderstood

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....

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

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....

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

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....

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

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....

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

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....

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Deepfake in Filmmaking: Legal Insights from Attorney Ernest Goodman

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....

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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:...

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The Six Different Types of Music Licenses

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....

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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....

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