Entertainment law, also known as media law, encompasses legal services provided to the

entertainment industry Entertainment is a form of activity that holds the attention and Interest (emotion), interest of an audience or gives pleasure and delight. It can be an idea or a task, but it is more likely to be one of the activities or events that have deve ...

. 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 Practice or practise may refer to: Education and learning * Practice (learning method), a method of learning by repetition * Phantom practice, phenomenon in which a person's abilities continue to improve, even without practicing * Practice-based ...

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 A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more Party (law), parties. A contract typically involves consent to transfer of goods, Service (economics), services, money, or pr ...

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 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 ...

bankruptcy law Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the deb ...

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 Securities regulation in the United States is the field of U.S. law that covers transactions and other dealings with securities. The term is usually understood to include both federal and state-level regulation by governmental regulatory agencie ...

security interest In finance, a security interest is a legal right granted by a debtor to a creditor over the debtor's property (usually referred to as the '' collateral'') which enables the creditor to have recourse to the property if the debtor defaults in m ...

agency Agency may refer to: Organizations * Institution, governmental or others ** Advertising agency or marketing agency, a service business dedicated to creating, planning and handling advertising for its clients ** Employment agency, a business that s ...

, right of privacy,

defamation Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...

, 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 Tax law or revenue law is an area of legal study in which public or sanctioned authorities, such as federal, state and municipal governments (as in the case of the US) use a body of rules and procedures (laws) to assess and collect taxes in a ...

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 Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction."Conflict of Laws", ''Black's Law Dictio ...

), 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 A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. ...

arbitration Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitrati ...

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 In marketing, publicity is the public visibility or awareness for any product, service, person or organization. It may also refer to the movement of information from its source to the general public, often (but not always) via the media. The sub ...

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 Management (or managing) is the administration of organizations, whether businesses, nonprofit organizations, or a government bodies through business administration, nonprofit management, or the political science sub-field of public administra ...

publicist A publicist is a person whose job is to generate and manage publicity for a company, a brand, or public figure – especially a celebrity – or for work or a project such as a book, film, or album. Publicists are public relations specialists wh ...

. 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 Golan (; ) is the name of a biblical town later known from the works of Josephus (first century CE) and Eusebius (''Onomasticon'', early 4th century CE). Archaeologists localize the biblical city of Golan at Sahm el-Jaulān, a Syrian village eas ...

, 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 ''Kesha v. Dr. Luke'' refers to a series of lawsuits and countersuits between the singer Kesha, Kesha Rose Sebert (Kesha) and the music producer Dr. Luke, Łukasz Sebastian Gottwald (Dr. Luke). Sebert filed a civil suit against Gottwald in Octob ...

– In 2014, singer

Kesha Kesha Rose Sebert (born March 1, 1987), formerly stylized as Ke$ha, is an American singer and songwriter. Her first major success came in 2009 when she was featured on rapper Flo Rida's number-one single, "Right Round". Kesha's music and ima ...

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