Reality Shows Raise Special Concerns For Lawyers

In his corporate suit, West Palm Beach attorney Steven S. Newburgh doesn't look like the type who hangs out with heavily tattooed artists. But Newburgh, an entertainment lawyer and partner at Fowler White Burnett, represents six cast members of the popular TLC cable-network reality show 'Miami Ink,' set at a Miami Beach tattoo parlor. Newburgh acts as a combination lawyer and manager, negotiating merchandising deals and working with the network and production companies on his clients' behalf. He also handles requests for their personal appearances.

TV reality shows, such as 'Miami Ink' and 'The Real World,' can present a unique problem for attorneys representing the casts. Unlike traditional entertainment clients, the cameras invade personal lives. When the cameras follow reality stars onto their real-life jobs, it can interfere with their ability to make a living. And because actors' union rules don't apply to reality-show participants, their attorneys must negotiate a balance of on- and off-camera time for their clients.

Miami, and South Florida as a whole, have become increasingly popular locations for reality and fiction TV shows. For example, MTV's show about fashion models, '8th and Ocean,' was shot in South Beach, and the Animal Planet cable channel has filmed 'Miami Animal Police' in Miami. John Bradley, an entertainment lawyer with Bradley & Robinson in Fort Lauderdale and chair of The Florida Bar's Entertain-ment, Arts and Sports Law Section, says reality shows work well in South Florida because of the unique backdrop.

'Miami Ink' follows the employees of a tattoo shop ' located on Washington Avenue in South Beach ' as they work on customers and live their personal lives. Newburgh became involved with 'Miami Ink' through a referral. 'It is a difficult and trying day for everyone involved on the set,' he says. After filming is done for the day, the employees have to continue their tattoo work with customers until the shop closes at midnight.

One of the trickiest legal issues is when cast members' personal lives become part of the story line. 'When things happen to individual cast members in their real lives, it sometimes becomes a production hook and then there has to be a decision as to whether it is or isn't appropriate for broadcast,' Newburgh says.

Some episodes have centered on problems in cast members' marriages and relationships. 'There often will be an issue where a particular cast member will not want to be part of the show,' Newburgh says.

Cast members have to agree in advance that their personal issues can become part of the show. ”Otherwise the cast member wouldn't be talking about it in front of the camera,' Newburgh notes.

Newburgh says he's in constant communication with both the cable network and the production company, and that so far, both have worked around any issues that the cast wished to keep out of the plot.

But Los Angeles-based Greenberg Traurig entertainment attorney David Markman, who also has represented reality show clients, says many personal issues end up in the show because reality-show cast members lack bargaining power. A star could more easily just say no. In addition, the networks and production companies want the ability to film whenever the cast is available, Markman says. Reality casts, he says, often aren't allowed to take a timeout. This leads to more areas of their personal lives in the shows.

Newburgh says his role with 'Miami Ink' is much more hands-on than with his other entertainment clients, who include recording artists and actors. With a fiction program, as opposed to a reality show, 'there's no guessing, no surprises, it's much more exacting,' he says. With the reality show, he doesn't know what will happen week-to-week.

Attorneys for reality shows shot in South Florida have had other types of legal headaches. MTV's long-running 'The Real World,' which is produced by Los Angeles-based Bunim-Murray Productions, just filmed its 17th season in Key West. The production was troubled both by hurricanes and unhappy neighbors. Concerned about traffic as tourists wanted to watch the filming and see where the show takes place, people who live near the waterfront home where the show is filmed filed suit to stop production.

But Scott Ponce, a Holland & Knight partner in Miami who represents Bunim-Murray, says the production company 'convened neighborhood meetings. They got the permits they needed.' Monroe Circuit Judge Mark Jones dismissed the neighbors' suit and filming continued on the show.

Newburgh says 'Miami Ink' hasn't run into similar opposition. Most of the filming occurs inside the tattoo shop and the producers have an agreement with managers of the retail building to film on the property. Crowds form outside to watch the shoots. The street where the shop is located, however, is commercial, not residential.

Another legal issue facing many reality shows is getting permission from every person who appears on camera for use of their image, such as the customers of the shop who don't get paid to appear on the show. The production company 'has to be very, very careful when they're filming and showing that they have releases from everyone,' Ponce says.

In his corporate suit, West Palm Beach attorney Steven S. Newburgh doesn't look like the type who hangs out with heavily tattooed artists. But Newburgh, an entertainment lawyer and partner at Fowler White Burnett, represents six cast members of the popular TLC cable-network reality show 'Miami Ink,' set at a Miami Beach tattoo parlor. Newburgh acts as a combination lawyer and manager, negotiating merchandising deals and working with the network and production companies on his clients' behalf. He also handles requests for their personal appearances.

TV reality shows, such as 'Miami Ink' and 'The Real World,' can present a unique problem for attorneys representing the casts. Unlike traditional entertainment clients, the cameras invade personal lives. When the cameras follow reality stars onto their real-life jobs, it can interfere with their ability to make a living. And because actors' union rules don't apply to reality-show participants, their attorneys must negotiate a balance of on- and off-camera time for their clients.

Miami, and South Florida as a whole, have become increasingly popular locations for reality and fiction TV shows. For example, MTV's show about fashion models, '8th and Ocean,' was shot in South Beach, and the Animal Planet cable channel has filmed 'Miami Animal Police' in Miami. John Bradley, an entertainment lawyer with Bradley & Robinson in Fort Lauderdale and chair of The Florida Bar's Entertain-ment, Arts and Sports Law Section, says reality shows work well in South Florida because of the unique backdrop.

'Miami Ink' follows the employees of a tattoo shop ' located on Washington Avenue in South Beach ' as they work on customers and live their personal lives. Newburgh became involved with 'Miami Ink' through a referral. 'It is a difficult and trying day for everyone involved on the set,' he says. After filming is done for the day, the employees have to continue their tattoo work with customers until the shop closes at midnight.

One of the trickiest legal issues is when cast members' personal lives become part of the story line. 'When things happen to individual cast members in their real lives, it sometimes becomes a production hook and then there has to be a decision as to whether it is or isn't appropriate for broadcast,' Newburgh says.

Some episodes have centered on problems in cast members' marriages and relationships. 'There often will be an issue where a particular cast member will not want to be part of the show,' Newburgh says.

Cast members have to agree in advance that their personal issues can become part of the show. ”Otherwise the cast member wouldn't be talking about it in front of the camera,' Newburgh notes.

Newburgh says he's in constant communication with both the cable network and the production company, and that so far, both have worked around any issues that the cast wished to keep out of the plot.

But Los Angeles-based Greenberg Traurig entertainment attorney David Markman, who also has represented reality show clients, says many personal issues end up in the show because reality-show cast members lack bargaining power. A star could more easily just say no. In addition, the networks and production companies want the ability to film whenever the cast is available, Markman says. Reality casts, he says, often aren't allowed to take a timeout. This leads to more areas of their personal lives in the shows.

Newburgh says his role with 'Miami Ink' is much more hands-on than with his other entertainment clients, who include recording artists and actors. With a fiction program, as opposed to a reality show, 'there's no guessing, no surprises, it's much more exacting,' he says. With the reality show, he doesn't know what will happen week-to-week.

Attorneys for reality shows shot in South Florida have had other types of legal headaches. MTV's long-running 'The Real World,' which is produced by Los Angeles-based Bunim-Murray Productions, just filmed its 17th season in Key West. The production was troubled both by hurricanes and unhappy neighbors. Concerned about traffic as tourists wanted to watch the filming and see where the show takes place, people who live near the waterfront home where the show is filmed filed suit to stop production.

But Scott Ponce, a Holland & Knight partner in Miami who represents Bunim-Murray, says the production company 'convened neighborhood meetings. They got the permits they needed.' Monroe Circuit Judge Mark Jones dismissed the neighbors' suit and filming continued on the show.

Newburgh says 'Miami Ink' hasn't run into similar opposition. Most of the filming occurs inside the tattoo shop and the producers have an agreement with managers of the retail building to film on the property. Crowds form outside to watch the shoots. The street where the shop is located, however, is commercial, not residential.

Another legal issue facing many reality shows is getting permission from every person who appears on camera for use of their image, such as the customers of the shop who don't get paid to appear on the show. The production company 'has to be very, very careful when they're filming and showing that they have releases from everyone,' Ponce says.