Entertainment law, also referred to as media law, is legal services provided to the entertainment industry. These services in entertainment law overlap with intellectual property law. Intellectual property has many moving parts that include trademarks, copyright, and the "

Right of Publicity Personality rights, sometimes referred to as the right of publicity, are rights for an individual to control the commercial use of their identity, such as name, image, likeness, or other unequivocal identifiers. They are generally considered as ...

". However, the practice of entertainment law often involves questions of employment law,

contract law A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...

, torts,

labor law Labour laws (also known as labor laws 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 between employee ...

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 debto ...

, immigration,

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 agencies, ...

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

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 rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...

(especially Private international law), and insurance 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 a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil act ...

arbitration Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the ' ...

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, c ...

, publicity and privacy, and the First Amendment to the United States Constitution in the United States. 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 a star, 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 specifics of their job 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 an organization, whether it is a business, a nonprofit organization, or a government body. It is the art and science of managing resources of the business. Management includes the activities o ...

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 became widespread, the field of media law became more popular and needed leaving 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, 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.

Cases

* Copyright: In

Golan v. Holder ''Golan v. Holder'', 565 U.S. 302 (2012), was a Supreme Court case that dealt with copyright and the public domain. It held that the "limited time" language of the United States Constitution's Copyright Clause does not preclude the extension of cop ...

, 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. * Internet: 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: 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: Kesha v. Dr. Luke – In 2014, singer

Kesha Kesha Rose Sebert (; born March 1, 1987), formerly stylized as Ke$ha, is an American singer and songwriter. In 2005, at age 18, Kesha was signed to Kemosabe Records. Her first major success came in early 2009 after she was featured on America ...

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.

References

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

Overview

History

Categories

Cases

See also

References