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Entertainment Law

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

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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Essential Elements of an Investor Contract in Filmmaking

Securing funding for a film is one of the most critical steps in production, and a well-structured Investor Agreement ensures transparency, protects both parties, and sets clear financial expectations. Whether you’re a filmmaker seeking funding or an investor looking for a solid return, understanding how these agreements work is key....

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

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...

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Trademark Clearance for Fiction Writers: Navigating Nominative Fair Use

When writing fiction, authors often incorporate real-world brands, products, and trademarks to lend authenticity to their stories. For instance, a character might drive an old Ford pickup, sip Coke at a restaurant, or even own a vintage airplane. While this adds realism, it raises legal questions about trademark use....

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How to Maintain Creative Control as an Independent Film Director

The role of a director is central to any film production, but the extent of their creative control often depends on the legal and union frameworks governing the production. If you’re a director or producer navigating a project’s relationship with the Directors Guild of America (DGA), several critical factors need to be addressed. This article explores two key questions: Can a director who is not a DGA member work on a production governed by DGA rules, and does the DGA require creative control to belong to the director? Additionally, we will address the dynamics of independent filmmaking and how ownership...

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