Throughout my studies in the advance business law course, I’ve noticed several issues that I would like to talk about in this blog. Issues that can affect a business proposal and or contracts (i.e. copyright, infringement and trademark dilution.) The following three podcast’s were chosen to assist me as examples to express my point. Besides the specific topics chosen, these podcasts cover similar lawsuits to each case I mention. It gives a broad spectrum of these issues in the entertainment business.
The first podcast comes from attorney Gordon P. Firemark and attorney Tamara Bennet. The episode concentrates on copyright updates, amongst other topics, which is what I would like to concentrate on.
I am currently working on the logo and trademark for a production film company I am attempting to build. My concerns lie mainly in infringing someone else’s work and not being fully aware of how to cover myself from allowing these events to happen. The beginning of episode 4 concentrates on Legislation and Rulemaking, mainly concentrating on the copyright office changes.
The main change has to do with filing an action for infringement, which will be processed quicker. The registration forms that have been placed in back files will be placed under a special handling, which had fees but is being waived to those who have been waiting for six months or longer.
Another new copyright action has to do with unpublished works deposit. A rule that says each unpublished works that is being registered has to have the work within 90 days of completed work. However, the fee for the procedure has been waived, but the works have been registered, regardless.
Although this does not concentrate, specifically, on any entertainment business case, it does concentrate on a process that will need to be taken once I am done with my proposal. Keeping up to date on the new changes, before filing can be very helpful. It can save time and hassle and prevent confusion in the future.
The next podcast-episode 13, has to do with the TLC TV show called Cake Boss v. Masters Software, Inc. Masters Software, Inc. (creators of software game Cake Boss) has continuously been mistaken for the TV show, with Buddy Valastro. In 2010, the courts demanded TLC’s TV show to be renamed, although TLC only sees this as temporary.
The confusion and burden it came with, made the company waste time on issues not related to the business. The constant calls, letters and demands, that the Cake Boss (TLC show) fans wanted, caused a loss of profit and problems with time management towards the business.
Through my months of research and investigating, I have not found another company that has similar name to my production company. I know I have not checked 100%, but because of this podcast, it shows me the importance of covering my work before it’s claimed or taken. The confusion and burden it came with, made the company waste time on issues not related to the business. The constant calls, letters and demands, that the Cake Boss (TLC show) fans wanted, caused a loss of profit and problems with time management towards the business.
Finally, the last podcast has to do with the lawsuit between Whitmill v. Hangover 2 over a tattoo. In the film, one of the characters gets the same tattoo Mike Tyson has on his face. The tattoo artist Whitmill, files a lawsuit towards the film saying they can not release the film unless the tattoo is taken out.
This case just gives a primary example of how cautious each producer should be, before releasing any work. An ongoing example is the Girls Gone Wild series that has returned to hunt the creator. Even though waivers were signed and the production company felt they legally covered themselves, lawsuits still managed to pop up. Problems as jail time, fees and defamation towards Joseph Francis, is just partially over.
Listening to all of these podcasts, amongst others, gave me a good start on my research of business laws that can affect the production company. As I stated in the beginning, these podcasts not only spoke of the cases mentioned, but other cases that express the same topic or similar. I decided to concentrate one lawsuit at a time to give a prime example of my concerns are for future projects I plan to work on. The main thing I learned is the importance of organization within a producers work. Preventing these lawsuits from happening is a tedious job on any production job in the entertainment business. Setting up a process to eliminate each section of the project should be implemented. I wouldn’t just say eliminate but correct as well.