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....

29 March

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Trademark Registration in the U.S. — Why a Complete Search Is Essential

Posted by Ernest Goodman

in Entertainment Law, Trademark Law

Hello everyone, Today we’ll discuss why conducting a trademark search is essential before registering a trademark. Establishing and protecting a brand is one of the most important steps a business can take. A strong trademark can be a valuable business asset, helping to distinguish your products or services in a crowded marketplace. But before investing in a name, logo, or slogan, you must ensure that your mark is available and legally safe to use....

26 March

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Armorers on Film Sets: Legal Requirements, Best Practices: California and New York

Posted by Ernest Goodman

in Entertainment Law

Today we will talk about atmorers on the film set. Firearms add realism and intensity to films, but when mishandled, they can lead to tragedy. The presence of a qualified armorer is essential for safety—and in places like California and New York, it’s also the law....

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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Descriptive Trademarks: The Challenges of Registration

Posted by Ernest Goodman

in Entertainment Law, Trademark Law

Descriptive trademarks, therefore, occupy a middle ground. Unlike generic terms, they can achieve trademark status, but unlike suggestive marks, they do not start out with inherent distinctiveness. To be protectable, a descriptive mark must cross a threshold where the primary significance in the minds of the consuming public is not the product but the producer. This is the concept of acquired distinctiveness or secondary meaning....

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....

18 February

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Life Story Purchase Agreements: A Comparative Analysis of New York and California

Posted by Ernest Goodman

in Entertainment Law

For entertainment lawyers, producers, and screenwriters operating in either New York or California, understanding these differences is crucial for structuring life story purchase agreements that minimize legal risks while ensuring enforceability. In New York, contracts tend to be more straightforward but may require additional safeguards against claims of false endorsement or defamation. Legal practitioners should ensure that any agreement includes comprehensive release clauses, indemnification provisions, and waivers of claims to prevent disputes over portrayals in films or television adaptations. In California, the negotiation process is often more complex due to its stronger right of publicity laws and posthumous protections. Life story purchase...

17 February

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Minor Actors on Film Sets: New York vs. California Laws

Posted by Ernest Goodman

in Entertainment Law

When hiring minor actors for a film production, understanding the legal requirements in different states is crucial. New York and California have specific laws governing child performers, but they differ in key areas such as work permits, education, and working hours....

13 February

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Essential Elements of an Investor Contract in Filmmaking

Posted by Ernest Goodman

in Entertainment Law

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....

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....