28 February

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Why “Deferred Pay” Agreements Collapse in Court

Deferred compensation is one of the central economic mechanisms of independent filmmaking. It allows production to move forward in the absence of immediate financing and creates the sense that risk is being shared collectively by everyone involved in the project. Yet in litigation the phrase “deferred pay” rarely functions as filmmakers expect. Courts do not evaluate the emotional or collaborative context in which the agreement was signed; they analyze whether a legally enforceable obligation to pay for completed services exists. When work has already been performed and the agreement does not clearly and precisely make payment contingent upon a defined...

19 February

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Intimacy Coordinators on Film Sets in California and New York

Posted by Ernest Goodman

in Entertainment Law

Film production has always involved risk. Financing can collapse, creative visions can fracture, and distribution can fall apart late in the process. Historically, however, these risks were largely internal and predictable. They arose from contracts, business relationships, or market forces. What has changed is the location of risk. Today, some of the most serious legal exposure in film production arises not from the script or the financing structure, but from social media. Informal posts, interviews, reposts, and commentary made outside official promotional channels can now determine whether a project remains stable or becomes legally compromised. From a legal perspective, social media is no...

15 February

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Secondary Meaning in U.S. Trademark Law

Posted by Ernest Goodman

in Entertainment Law, Trademark Law

Many businesses believe trademark protection begins with filing. In reality, that belief is what causes most trademark failures. Trademark problems rarely come from not filing. They come from filing without a strategy. Online trademark mills thrive on the idea that registration itself creates protection. They sell speed, low price, and convenience, but they remove the most important step in trademark law: the IP strategy plan that must exist before anything is filed....

12 February

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Social Media as Legal Risk in Film

Posted by Ernest Goodman

in Entertainment Law, Trademark Law

31 January

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Why Cheap Trademark Filings Destroy Later Enforcement

Posted by Ernest Goodman

in Entertainment Law, Trademark Law

30 January

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IP Strategy Plan and IP Portfolio for Film and Tech

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Trademark Law

Hello everyone, Today we will discuss the importance of an IP strategy plan, explain what an IP portfolio is in practical terms, and show how this applies—step by step—to both film projects and technology companies. We will also explain how we help creators and founders build and protect these portfolios in a way that supports real-world deals....

26 December

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

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Trademark Law

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?...

22 December

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Immigration Traps for International Filmmakers

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Trademark Law

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....

02 December

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Two Approaches to Independent Filmmaking

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Trademark Law

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....

15 November

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AFM-25: How Film Financing Really Works Today — Pre-Sales vs. True MG Deals

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Trademark Law

This year I attended AFM-25, and the difference between this market and previous years was striking. I also participated in AFM-2023, where I rented a booth as the Law Offices of Ernest Goodman. That year was productive in terms of meeting people, but everyone remembers how chaotic the venue was. Many meetings happened in crowded hotel hallways, and the elevator system at the previous location simply could not handle the number of attendees. People spent twenty or thirty minutes waiting for an elevator just to get to their next appointment. The environment was not designed for serious business. The move to...