Entertainment law, also referred to as media law, is 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 is more likely to be one of the activities or events that have dev ...

. These services in entertainment law 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, cop ...

. Intellectual property has many moving parts that include

trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others ...

copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...

, 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 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, ...

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 A tort is a civil wrong 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 criminal wrongs that are punishabl ...

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 debtor ...

immigration Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, and ...

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 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 makin ...

s, agency, right of privacy,

defamation Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...

, advertising,

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

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 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. This body of law deals with three broad t ...

), 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 hedge ...

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 actio ...

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, cop ...

, 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 the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the ...

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 ...

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 a work such as a book, film, or album. Publicists are public relations specialists who ...

. 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 * Media (communication), tools used to deliver information or data ** Advertising media, various media, content, buying and placement for advertising ** Broadcast media, communications delivered over mass e ...

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.

Categories

Entertainment law is generally sub-divided into the following areas related to the types of activities that have their own specific trade unions, production techniques, rules,

customs Customs is an authority or agency in a country responsible for collecting tariffs and for controlling the flow of goods, including animals, transports, personal effects, and hazardous items, into and out of a country. Traditionally, customs ...

case law Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a l ...

, and negotiation strategies: * FILM: option agreements, chain of title issues, talent agreements (

screenwriter A screenplay writer (also called screenwriter, scriptwriter, scribe or scenarist) is a writer who practices the craft of screenwriting, writing screenplays on which mass media, such as films, television programs and video games, are based. ...

film director A film director controls a film's artistic and dramatic aspects and visualizes the screenplay (or script) while guiding the film crew and actors in the fulfilment of that vision. The director has a key role in choosing the cast members, p ...

s, actors,

composer A composer is a person who writes music. The term is especially used to indicate composers of Western classical music, or those who are composers by occupation. Many composers are, or were, also skilled performers of music. Etymology and Defi ...

production designer In film and television, the production designer is the individual responsible for the overall aesthetic of the story. The production design gives the viewers a sense of the time period, the plot location, and character actions and feelings. Wo ...

s),

production Production may refer to: Economics and business * Production (economics) * Production, the act of manufacturing goods * Production, in the outline of industrial organization, the act of making products (goods and services) * Production as a stati ...

and

post production Post-production is part of the process of filmmaking, video production, audio production, and photography. Post-production includes all stages of production occurring after principal photography or recording individual program segments. Th ...

and trade union issues,

distribution Distribution may refer to: Mathematics *Distribution (mathematics), generalized functions used to formulate solutions of partial differential equations * Probability distribution, the probability of a particular value or value range of a vari ...

issues,

motion picture A film also called a movie, motion picture, moving picture, picture, photoplay or (slang) flick is a work of visual art that simulates experiences and otherwise communicates ideas, stories, perceptions, feelings, beauty, or atmosphere ...

industry negotiations,

, and general

issues especially relating to

and, to a lesser extent,

s; * INTERNET:

Censorship Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments ...

Copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...

Freedom of information Freedom of information is freedom of a person or people to publish and consume information. Access to information is the ability for an individual to seek, receive and impart information effectively. This sometimes includes "scientific, indigeno ...

Information Technology Information technology (IT) is the use of computers to create, process, store, retrieve, and exchange all kinds of data . and information. IT forms part of information and communications technology (ICT). An information technology system (I ...

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

Telecommunications Telecommunication is the transmission of information by various types of technologies over wire, radio, optical, or other electromagnetic systems. It has its origin in the desire of humans for communication over a distance greater than that fe ...

issues; * MULTIMEDIA:

software Software is a set of computer programs and associated documentation and data. This is in contrast to hardware, from which the system is built and which actually performs the work. At the lowest programming level, executable code consists ...

licensing issues,

video game Video games, also known as computer games, are electronic games that involves interaction with a user interface or input device such as a joystick, controller, keyboard, or motion sensing device to generate visual feedback. This fee ...

development and production,

Information technology law Information technology law (also called cyberlaw) concerns the law of information technology, including computing and the internet. It is related to legal informatics, and governs the digital dissemination of both ( digitized) information and s ...

, and general intellectual property issues; * MUSIC: talent agreements (

musician A musician is a person who composes, conducts, or performs music. According to the United States Employment Service, "musician" is a general term used to designate one who follows music as a profession. Musicians include songwriters who wri ...

s, composers), producer agreements, and synchronization rights,

music industry The music industry consists of the individuals and organizations that earn money by writing songs and musical compositions, creating and selling recorded music and sheet music, presenting concerts, as well as the organizations that aid, train, ...

negotiation and general intellectual property issues, especially relating to copyright (see

music law Music Law refers to legal aspects of the music industry, and certain legal aspects in other sectors of the entertainment industry. The music industry includes record labels, music publishers, merchandisers, the live events sector and of course pe ...

); * PUBLISHING and PRINT MEDIA:

advertising Advertising is the practice and techniques employed to bring attention to a product or service. Advertising aims to put a product or service in the spotlight in hopes of drawing it attention from consumers. It is typically used to promote a ...

model A model is an informative representation of an object, person or system. The term originally denoted the plans of a building in late 16th-century English, and derived via French and Italian ultimately from Latin ''modulus'', a measure. Models c ...

author An author is the writer of a book, article, play, mostly written work. A broader definition of the word "author" states: "''An author is "the person who originated or gave existence to anything" and whose authorship determines responsibility f ...

agreements and general intellectual property issues, especially relating to copyright; * TELEVISION and RADIO: broadcast

licensing A license (or licence) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit). A license is granted by a party (licensor) to another party (licensee) as an element of an agreeme ...

and regulatory issues,

mechanical license In copyright law, a mechanical license is a license from the holder of a copyright of a composition or musical work, to another party to create a "cover song", reproduce, or sample a portion of the original composition. It applies to copyrighted ...

s, and general intellectual property issues, especially relating to copyright; * THEATRE:

rent Rent may refer to: Economics *Renting, an agreement where a payment is made for the temporary use of a good, service or property *Economic rent, any payment in excess of the cost of production *Rent-seeking, attempting to increase one's share of e ...

al agreements and co-production agreements, and other

performance A performance is an act of staging or presenting a play, concert, or other form of entertainment. It is also defined as the action or process of carrying out or accomplishing an action, task, or function. Management science In the work place ...

oriented legal issues; * VISUAL ARTS AND DESIGN:

fine art In European academic traditions, fine art is developed primarily for aesthetics or creative expression, distinguishing it from decorative art or applied art, which also has to serve some practical function, such as pottery or most metalwork ...

s, issues of consignment of artworks to art dealers, moral rights of sculptors regarding works in public places; and

industrial design Industrial design is a process of design applied to physical Product (business), products that are to be manufactured by mass production. It is the creative act of determining and defining a product's form and features, which takes place in advan ...

, issues related to the protection of graphic design elements in products.

Defamation Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...

(

libel Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...

and

slander Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...

), personality rights and

privacy rights The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 194 ...

issues also arise in entertainment law. Media law is a

legal Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

field that refers to the following: *

Advertising Advertising is the practice and techniques employed to bring attention to a product or service. Advertising aims to put a product or service in the spotlight in hopes of drawing it attention from consumers. It is typically used to promote a ...

Broadcasting Broadcasting is the distribution (business), distribution of sound, audio or video content to a dispersed audience via any electronic medium (communication), mass communications medium, but typically one using the electromagnetic spectrum (radio ...

Confidentiality Confidentiality involves a set of rules or a promise usually executed through confidentiality agreements that limits the access or places restrictions on certain types of information. Legal confidentiality By law, lawyers are often required ...

Contempt Contempt is a pattern of attitudes and behaviour, often towards an individual or a group, but sometimes towards an ideology, which has the characteristics of disgust and anger. The word originated in 1393 in Old French contempt, contemps, ...

* Corporate Law *

Entertainment Entertainment is a form of activity that holds the attention and interest of an audience or gives pleasure and delight. It can be an idea or a task, but is more likely to be one of the activities or events that have developed over thousa ...

Internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, pub ...

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, sometimes shortened to TV, is a telecommunication medium for transmitting moving images and sound. The term can refer to a television set, or the medium of television transmission. Television is a mass medium for advertisin ...

: 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 generally defined as the art of arranging sound to create some combination of form, harmony, melody, rhythm or otherwise expressive content. Exact definitions of music vary considerably around the world, though it is an aspect ...

Kesha v. Dr. Luke ''Kesha v. Dr. Luke'' refers to a series of lawsuits and countersuits between the singer Kesha Rose Sebert (Kesha) and the music producer Lukasz Sebastian Gottwald (Dr. Luke). Sebert filed a civil suit against Gottwald in October 2014 for infl ...

– 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