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copyrights Tag

Law Offices of Ernest Goodman > Posts tagged "copyrights"

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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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 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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Tips for film distributors

In the intriguing case of Randles Films v Quantum Releasing (2014), the complexities of copyright law, particularly the extraterritoriality limitation of the US Copyright Act, come to the forefront. This case serves as a pivotal example of how copyright laws are applied in cross-border disputes and the extent to which US copyright protections extend beyond its borders....

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Exploring the Polaroid Doctrine in Trademark Law

The Polaroid Doctrine, which is a fundamental concept in United States trademark law, was established by the United States Court of Appeals for the Second Circuit. This doctrine emerged from the 1961 case of Polaroid Corp. v. Polarad Elecs. Corp., where the court developed a set of factors to assess the likelihood of consumer confusion in trademark infringement cases....

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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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Can an Idea be Protected Under the Law?

The key principle in federal copyright law is the distinction between an 'idea' and its 'expression'. This law protects the expression of ideas, not the ideas themselves. For filmmakers, this means that while a general plot concept, like a romantic comedy set in New York or California, is not protected, the actual script with its unique dialogue, character development, and scene descriptions, is....

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