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Entertainment Law

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

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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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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Understanding the Nuances of Music Clearance

Music supervisors are responsible for selecting the right music for a project and ensuring it fits the creative vision. They collaborate with filmmakers, producers, and other creatives to choose music that complements the project. However, lawyers handle the legal side—negotiating licensing agreements, ensuring all rights are cleared, and preventing legal disputes....

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EB1A for Filmmakers

While meeting three of the ten criteria is a necessary step to qualify for the EB1-A visa, it is not always as straightforward as it may sound. The Kazarian case clarified that it’s not simply about checking off three categories; the evidence must demonstrate that the applicant is truly extraordinary in their field. Filmmakers who have achieved significant accomplishments, received recognition from prestigious institutions, and made lasting contributions to the industry may be eligible for an EB1-A visa....

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