Law And Business of the Entertainment Industries,9780275992057

Law And Business of the Entertainment Industries

by
Edition: 5th
ISBN13: 9780275992057
ISBN10: 0275992055
Format: Hardcover
Pub. Date: 2006-11-30
Publisher(s): Greenwood Pub Group
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Summary

In response to the increasing convergence of technologies in the entertainment industries, this thoroughly updated and revised fifth edition makes the casebook more timeless. Providing contract templates covering book publishing, recording contracts, actor agreements, video game agreements, and internet agreements, among others, this new edition is more useful and illustrative of the business of entertainment for lawyers, students, and industry professionals than its competition. Introductions, notes, and cases are fully updated to take into account recent changes in the industry. This classic casebook is essential to students at law schools throughout the country and to industry professionals trying to keep up with this ever-changing field of law.

Table of Contents

Acknowledgments xiii
Dedication to Don Biederman xvii
Don Biederman Remembered and Missed xxi
Introduction: An Overview 1(4)
PART ONE
5(1000)
Representing Talent
7(72)
A Business of Intermediaries
7(3)
Attorneys
10(18)
Establishing an Attorney-Client Relationship
10(1)
Duty of Competence
11(1)
Conflicts of Interest
11(1)
Multiple Client Representation
12(1)
The Comments to MRPC 1.7---A Better Understanding of Conflicts of Interest
13(1)
Other Noteworthy Conflicts of Interest Issues
14(2)
Music Lawyer as Manager or Agent
16(1)
Special Considerations Regarding Lawyer Conduct
16(1)
Merging the Roles of Various Entertainment Representatives
16(1)
Advertising and Solicitations
17(1)
Compensation for Attorney Services and Retention Agreements
18(2)
Sanctions
20(8)
Agents and Personal Managers
28(33)
Union Regulation of Agents
28(1)
State Regulation of Agents
29(1)
New York General Business Law
29(9)
California Labor Code
38(23)
Business Managers
61(18)
Talent Contracts
79(106)
Introduction
79(4)
Contracts with Minors
83(9)
California Provisions on Minors
85(1)
New York Provisions on Minors
86(6)
Contract Duration
92(26)
The California Seven-Year Statute
92(13)
Statutory Termination Rights in California
105(13)
Contract Formality and Availability of Injunctive Relief
118(19)
The New York Experience
118(2)
Oral Agreements
120(8)
California Injunction Statutes
128(9)
Credit Issues
137(44)
By Contract
137(14)
By Statute/Common Law
151(1)
Right to Claim Credit
152(13)
Right to Disclaim Credit
165(16)
Favored Nations Clauses
181(4)
Entertainment Rights: Rights of Publicity, Property, and Ideas
185(200)
Introduction
185(1)
Personal Rights: Privacy
185(25)
Introduction: Common Law
185(2)
The First Cases: Roberson and Pavesich
187(4)
Statutory Protection
191(9)
Defensive Aspects
200(10)
Personal Rights: Publicity
210(59)
At Common Law
211(18)
Statutory Recognition
229(2)
Other Statutory Enactments on Right of Publicity
231(9)
Additional Recognition of the Right at Common Law
240(14)
Post-Mortem Availability
254(1)
At Common Law
254(1)
Under Statute
255(1)
Rights of Deceased Personality; California Civil Code Astaire Celebrity Image Protection Act
256(3)
Conflicts Problems
259(1)
Defensive Aspects
260(1)
Public Figures/Newsworthiness
260(2)
Advertising and Promotion
262(7)
Personal Rights: The Lanham Act and Other Federal Legislation
269(29)
Introduction: A National Remedy
269(2)
Use of Section 43(a) by Celebrities and Entities
271(9)
Defensive Matters
280(18)
Acquisition of Rights: Ideas and Other Property
298(87)
Ideas
298(2)
Copyright Law: Idea versus Expression
300(13)
Idea Submissions
313(1)
Implied Contract
313(15)
Confidential Relationships
328(19)
Negotiated Acquisitions
347(1)
The Scope of Acquired Rights: By Contract
348(17)
The Scope of Acquired Rights: Legally Imposed Limitations
365(20)
Contract Performance and Exploitation Obligations
385(76)
Delivery Standards
385(6)
Delivery Clauses
386(1)
Book Publishing
386(1)
Music Publishing
386(1)
Recorded Music
387(2)
Film
389(2)
The Company's Obligations
391(32)
The Fiduciary Duty Claim
391(18)
The Obligation to Exploit
409(14)
Limits on Exploitation
423(38)
Creative Control
423(4)
The Cimino and Beatty Arbitrations
427(4)
Mutilation
431(5)
Censorship and Regulation of Content and Attendance
436(15)
Private Actions Against Creators and Distributors
451(10)
Remedies
461(96)
Self-help
461(10)
Rescission/Reversion
471(12)
Injunction
483(17)
Damages
500(22)
Bankruptcy
522(29)
The Availability of Bankruptcy Protection
522(15)
The Consequences of Bankruptcy
537(6)
Protective Registration
543(8)
Arbitration
551(6)
Literary Publishing
557(78)
Introduction
557(1)
The Business of Literary Publishing
558(3)
The Scope of Literary Publishing Contracts
561(5)
Paperback Licensing
561(1)
Foreign Licensing
562(1)
Merchandise Licensing
562(1)
Motion Picture/Television Licensing
563(1)
Other Media Licensing
563(1)
Author-Literary Agent
564(2)
Publisher--Author Agreement in Detail
566(55)
Rights Granted and Assigned
566(1)
Delivery of Satisfactory Manuscript
567(3)
Delivery Standards
570(32)
Non-Compete Clause
602(1)
Publication
602(1)
Copyright
603(1)
Royalties and Other Payments
603(1)
Warranties and Indemnities
604(1)
Future Revisions
605(1)
Option for Next Book
605(1)
Other Provisions
606(15)
The Impact of Custom and Usage
621(9)
The ``Next Book'' Option
630(5)
Music Publishing
635(70)
An Overview of the Music Publishing Industry
635(6)
Sources of Revenue
641(2)
Small Performance Fees
642(1)
Co-publishing Agreements
642(1)
Principal Types of Agreements
643(2)
Songwriter Agreement
643(1)
Administration Agreement
643(1)
Collection Agreement
644(1)
Foreign Subpublishing Agreement
644(1)
Catalog Purchase Agreement
644(1)
Negotiation of a Co-Publishing Agreement
645(12)
Example of Co-publishing Agreement (Year-to-Year Term)
648(9)
Computation of Foreign Income (``Receipts'' versus ``At the Source'')
657(1)
Music Publisher Obligation
658(9)
The Obligation to Exploit
658(1)
The Obligation to Account and Pay
659(8)
Performing Rights
667(17)
Blanket Licensing
671(12)
Split Licensing
683(1)
Sampling
684(21)
Sound Recordings
705(34)
Development of the Industry
705(3)
Contracts in the Record Industry
708(21)
Some Background Statistics
708(1)
Quick Economics
708(2)
Artist Recording Agreement
710(1)
Parties and Exclusivity
711(1)
Term
712(1)
Delivery
712(1)
Technically and Commercially Satisfactory
713(1)
Territory
713(1)
Delivery Commitment for Albums
714(1)
Video
714(1)
Creative
714(1)
Grant of Rights
715(2)
Web Site
717(1)
Release and Commercial Availability Commitment
718(1)
Recording Fund and Advances
718(2)
Per Record Costs
720(1)
Royalties
720(3)
Deficit Tour Advance
723(1)
Statements, Reserves, and Audit Rights
723(1)
Controlled Compositions
724(3)
Warranties, Representations, and Indemnity
727(1)
Injunctive Relief
727(1)
Notices
728(1)
Logos, Artwork, Merchandise, etc.
728(1)
Miscellaneous
728(1)
Love and Affection
729(1)
Royalty Calculations
729(10)
Film
739(110)
The Changing Scene in the Motion Picture Industry
739(4)
Producing Films
743(59)
The Evolution of the Studio Model
743(1)
Producing Films: The Studio Model
744(1)
Acquisition of Underlying Rights
744(17)
The Production/Financing/Distribution Deal
761(2)
Writers, Directors, and Performers Agreements
763(36)
Gross Receipts/Net Profits
799(3)
Contracts of Adhesion/Unconscionability: The Buchwald Case and After
802(38)
Producing Films: The Independent Model
840(6)
Financing Independent Films
840(5)
Insurance
845(1)
The International Market
846(3)
Television
849(48)
The Television Business
849(7)
The Changing Face of the Television Industry
849(2)
Broadcast Television
851(2)
Cable and Satellite Television
853(3)
Creating and Acquiring Programming
856(3)
Dealmaking in the Television Industry
856(2)
The Development Deal
858(1)
Deficit Funding
858(1)
Syndication
859(2)
The Ratings Game
861(2)
International Markets
863(1)
Ancillary Markets
864(1)
Federal Communications Commission
865(2)
Licensing
865(1)
Control of Broadcast Television
866(1)
Controlling Cable Television
866(1)
Issues in Television Distribution
867(30)
Antitrust: Block Booking
867(5)
Antitrust: Geographical Restrictions
872(5)
Piracy: Unlawful Interception and Retransmission of Signals
877(10)
Infringement: Unaccredited Copying of Uncopyrighted Works
887(10)
The Internet and the Digital World
897(108)
Introduction
897(4)
Personal Jurisdiction
901(12)
Regulating Content and Controlling Distribution of Information Online
913(12)
Censorship
913(10)
Control of Access: Framing and Linking
923(2)
Liability of Internet Service Providers
925(10)
Defamation
925(7)
Privacy
932(1)
Consumer Profiles
932(1)
Spamming
933(2)
Copyright Infringement
935(63)
Digital Millennium Copyright Act
936(11)
The Impact of Internet-Specific Technologies
947(1)
MP3
947(49)
DeCSS
996(2)
DRM Controversy
998(1)
Agreements Entered into over the Internet
998(7)
Table of Cases 1005(12)
Index 1017(4)
About the Authors 1021

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