Entertainment law, also known as media law, encompasses legal services provided to the entertainment industry. These services often overlap with

intellectual property law Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, ...

, which includes key components such as trademarks, copyright, and the right of publicity. However, the practice of entertainment law frequently extends into other legal areas including

employment law Labour laws (also spelled as labor laws), labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship be ...

, contract law,

torts A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with c ...

, labor law, bankruptcy law,

immigration Immigration is the international movement of people to a destination country of which they are not usual residents or where they do not possess nationality in order to settle as Permanent residency, permanent residents. Commuting, Commuter ...

, securities law, security interests, agency, right of privacy, defamation, advertising,

criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...

, tax law,

International law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...

(especially private international law), and

insurance Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to protect ...

law. Much of the work of an entertainment law practice is transaction based, i.e., drafting contracts, negotiation and mediation. Some situations may lead to litigation or arbitration.

Overview

Entertainment law covers an area of law that involves media of all different types (e.g. TV, film, music, publishing, advertising, Internet & news media, etc.) and stretches over various legal fields, which include corporate, finance,

intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, co ...

, publicity and

privacy Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of a ...

, and the

First Amendment to the United States Constitution The First Amendment (Amendment I) to the United States Constitution prevents Federal government of the United States, Congress from making laws respecting an Establishment Clause, establishment of religion; prohibiting the Free Exercise Cla ...

in the US. Although entertainment law and media law are seen as the same thing. It is important to know the difference between the two. For film, entertainment attorneys work with the actor's agent to finalize the actor's contracts for upcoming projects. After an agent lines up work for an actor, the entertainment attorney negotiates with the agent and buyer of the actor's talent for compensation and profit participation. Entertainment attorneys are under strict confidentiality agreements, so the jobs of their clients are kept top secret. But, some entertainment attorney's job descriptions have become comparable to those of a star's agent, manager or publicist. Most entertainment attorneys have many other roles as well such as assisting in building a client's career.

History

As the popularity of

media Media may refer to: Communication * Means of communication, tools and channels used to deliver information or data ** Advertising media, various media, content, buying and placement for advertising ** Interactive media, media that is inter ...

became widespread, the field of media law became more in demand, enticing certain corporate professionals wanting to participate more in media. As a result, many young lawyers fledged into media law for the opportunity to build more connections in media, to become a media presenter, or even land an acting role. As technology continues to make huge advancements, many lawsuits have begun to arise, which makes the demand for lawyers extremely necessary.

Copyright

Copyright law in regards to entertainment law is the foundation of intellectual property protection in the entertainment industry. When someone creates a piece of work whether it be a script, film, painting, photograph or some sort of original piece, the creator of this work has exclusive rights to their work. This makes them a copyright owner of their piece. To make sure that your piece of work is under copyright protection, the U.S. Copyright Office provides a public record of ownership, helping the creator establish rights in case of disputes. Without the creator registering with the copyright office, they may experience trouble being able to sue another individual or company if someone else tries to take credit for their work or use it without consent.

Trademarks

Trademarks role in entertainment law is to protect a person or company's ability to bran and market a product or service. A trademark can be anything from a word, phrase, symbol design, of a combination of these things all together that lets consumers identify your company or brand. By being able to identify a brands trademark, consumers are able to distinguish between brands and knowing which one may be higher quality. Companies are able to register their trademarks with the U.S. Patent and Trademark Office, which helps protect the company's identity or from others using their logo without permission.

Right of publicity

In entertainment law, the right of publicity is a right to legal action. This helps protect against the misappropriation of a person's name, likeness, and other things like a nickname, pseudonym, voice of signature, likeness, or photograph for commercial benefit. It's important to note the difference of right of privacy and right of publicity. When it comes to the right of privacy, this is designed to guard an individual's personal rights against emotional distress vs. the right of publicity being seen protecting a property right.

Cases

: In Golan v. Holder, the Supreme Court ruled, in a 6–2 vote, the judges dismissed contentions in light of the First Amendment and the Constitution's copyright provision, stating that the general population was not "a class of sacred centrality" and that copyright insurances may be extended regardless of whether they did not strive for new attempts to be made. *

: In 2007, Viacom, a media aggregate that possesses MTV and Comedy Central TV, sued YouTube for $1 billion in light of copyright infringement claims for the unapproved posting of Viacom copyrighted material. In May 2008, YouTube began utilizing its advanced fingerprinting innovation to secure copyright-ensured content. *

Television Television (TV) is a telecommunication medium for transmitting moving images and sound. Additionally, the term can refer to a physical television set rather than the medium of transmission. Television is a mass medium for advertising, ...

: In an 8-0 choice, the Supreme Court held that in light of the fact that the FCC rules at the time did not cover "short lived exclamations," the fines issued against Fox were unethical and subsequently discredited as "illegally unclear". *

Music Music is the arrangement of sound to create some combination of Musical form, form, harmony, melody, rhythm, or otherwise Musical expression, expressive content. Music is generally agreed to be a cultural universal that is present in all hum ...

: Kesha v. Dr. Luke – In 2014, singer Kesha filed a civil suit against music producer Lukasz Sebastian Gottwald, also referred to some as Dr. Luke for gender-based hate crimes and emotional distress. This civil suit caused Gottwald to in return sue Kesha for defamation and breach of contract. This case ended with a judge declining to release Kesha from her binding contract that prohibited her from continuing her career effectively. The judge took note that Kesha had entered an agreement after she had sworn under oath that no harassment was taking place. Many celebrities such as Miley Cyrus, Lady Gaga, and Demi Lovato have shown support for Kesha in an attempt to broadcast the injustice contract laws have played in the outcome of this case. Singer-songwriter Taylor Swift donated $250,000 to relieve Kesha of any financial obligations. * Right of publicity: Haelan Laboratories, Inc. v. Topps Chewing Gum, Inc.- in 1953 Haelan Laboratories held an exclusive legal right to use the baseball players’ photographs—beyond simply avoiding liability—which Topps Chewing Gum violated by persuading the players to break their contracts with Haelan. The U.S. Court of Appeals held that Haelan Laboratories had the legal right, being right of publicity, to the exclusive use of the baseball player's photographs and that Topps Chewing Gum infringed this right by causing breaches in Haelan's contracts.

References

{{DEFAULTSORT:Entertainment Law Mass media Media law Entertainment Performing arts