<i>Clause & Effect</i><b>Interpreting 'Preliminary' Joint Venture Agreements</b>
October 01, 2003
Celebrities and entertainment entities may enter into joint venture agreements for projects with other parties to obtain funding and/or administrative support. The joint venture may begin with an initial letter agreement between the parties, though there are specific elements that must be included to make the letter agreement binding.
Pet Peeves in Negotiating Entertainment Deals
October 01, 2003
I've edited a treatise on what to do when negotiating contracts in the entertainment industry. This article is about what not to do. What started me thinking about this was when an attorney insisted that an option contract between my producer client and his playwright client contain a provision that the playwright be invited to the opening night party. Then I started thinking about the other things that almost drive me over the edge when I am negotiating with other attorneys in our business.
Bit Parts
October 01, 2003
Recent developments in entertainment law.
Cameo Clips
October 01, 2003
Recent cases in entertainment law.
Protecting Record Producer's Interest In Music-Royalty Audit Scenarios
October 01, 2003
An unfortunate fact in the recording industry is that successful records result in audits by royalty participants. This is partly due to the entrenched distrust that artists have for record companies and partly to simple prudent business practices. If an artist sells hundreds of thousands or millions of units around the world, it would be the rare company that could move that many pieces of product without making a mistake. Sometimes the mistakes are just mistakes, and sometimes an audit holds up a mirror that reveals what happens under the record company hood - warts and all. And the "all" category can be very interesting.
Second Circuit Affirms Ruling On Tarzan Rights
October 01, 2003
The U.S. Court of Appeals for the Second Circuit decided that illustrations and introductions for two Tarzan books made by artist Burne Hogarth at the "instance and expense" of the estate of Tarzan creator Edgar Rice Burroughs (ERB) were works for hire. <i>The Estate of Hogarth v. Edgar Rice Burroughs Inc. (ERB)</i>, 02-7312. Thus, Burroughs' estate retained the original and renewal copyrights in the books.
Plaintiffs' Employment Lawyers Are No Longer Secure
October 01, 2003
Plaintiffs' employment lawyers contemplating bringing Title VII or other discrimination suits have long felt secure in the knowledge that, even if they lose at trial or at the summary judgment stage, their client will not be assessed attorney's fees. Any ambiguity regarding the meaning of a "prevailing party" entitled to fees under the Federal Rules was resolved by the Supreme Court's decision in <i>Christiansburg Garment Co. v. EEOC</i>, 434 U.S. 412 (1977). The Supreme Court denied fees to the prevailing defendant employer in that Title VII case, pointing out that the EEOC's actions in bringing the case could not be characterized as without merit or unreasonable. Is that still the case?
The Lawyer's Guide to Public Relations
October 01, 2003
There is definitely an art to becoming the object of the press's affection. If you are lucky enough to have an in-house public relations department, your "luck runneth over." However, for most lawyers whose wish list includes "personal appearances" either via print media or electronic media, it can be a challenging and sometimes frustrating experience. There is hope, and it comes in the form of having a personal public relations/professional development plan. While most business development efforts focus on marketing, public relations can be a key component to one's overall success. Public relations is different than marketing in the sense that it requires a more personal approach to one's professional development plan. It requires an individual to hone a separate set of skills that enables one to speak, be quoted and appear as a spokesperson in a specific area of expertise.
Taxing The Sale Of Digital Goods In Europe
September 19, 2003
On July 1, new legislation concerning the application of value-added tax (VAT) to sales of digital goods within the European Union became effective. While the legislation is European, it will have important implications for companies based outside of the EU to the extent that such companies sell digital goods to consumers based in one of the EU countries.
