Gordon Firemark is an attorney whose practice is devoted to the representation of artists, writers, producers and directors in the fields of theater, film, television, and music.

His practice also covers intellectual property, cyberspace, new media and business/corporate matters for clients in the entertainment industry.

This is the first live, call-in podcast to clear the air on legal issues for filmmakers and videographers who are looking for answers to questions related to starting a production business, copyright issues, contracts, intellectual property and distribution.

Questions answered:

David asks: Can a movie title be considered a trademark before release to the public? Can you even trademark a movie title? The reason I asks is that I received a cease and desist letter for my website which has the same name of a movie being released in 2010. I had this fan website for years without issues until now - the movie was never heard of until now. Am I infringing copyright or are they infringing copyright?

Brian asks: What rights does a videographer contracted by the government have to the video he shoots and edits and the cohesive program that results? Especially a program documenting a topic like "environmental justice" a pre-existing story that's merely being documented. Are they merely paid for their production services? The video is not being sold, but is merely for the education of the public and government officials. Can the government alter the video in-house for it's purposes? Also, is altering the video allowed-specifically for infusion of a Spanish voice track where shots are elongated to make room for the Spanish translation.

Steve asks: I work in production/postproduction of educational training materials in the United Arab Emirates in the Middle East...a region that does not have a good reputation regarding copyright law. What advice can you offer or information resources you can recommend to steer clear of any liability, lawsuits, or seeking redress for piracy regarding copyright infringement? Can I use Fair use law in the US in connection with using parts of others copyrighted works in our productions?

Baron asks: What would be the going rate for an entertainment attorney's services for a single $14 million independent film?

Gayle asks: I am currently writing a movie based on a true story that took place in the '30s. My question is : If everyone in the movie being portrayed has passed away, would I still need to get releases from the deceased's family or relatives? What happens If the person's estate is registered with the state, can I still pursue the story?

Show notes

Gordon Firemark's website
Theater Law