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:

Kevin asks: Hey - We've been shooting shows from around Alaska and have had no problems with needing permits, mainly nobody told us, asked, nor did we know we needed to apply. I've recently learned because my show generates revenue, I actually need to apply for permits to shoot on a location. While rules appear to read for Television and Film -- Technically details say 'any' production making money from a location shoot, is considered commercial. Searching through State Film Commission Offices around the US, and on average we as paid Podcast producers would need to fork out anywhere between $100 to $300 per shoot, and to boot insurance is stated as a requirement. Do I really have to pay these fees? I'm really no different than joe and larry with a camcorder and I'm not up to the income large production companies are making. Also, I've discovered "News" and "Photography" does not require permits...is this true?

Samantha asks: I'm a citizen journalist/videoblogger who is under pressure by the court for refusing to give my local authorities unpublished footage I videotaped of a street brawl between police and protesters over 5 months ago. Some of the footage was broadcast on local news and stills published in local papers but not all of it. This publicity triggered interest in the rest of the video. What are my rights as a videographer? I feel like my first amendment rights are being violated- what do you say?

Tyrone asks: My small business has produced some TV ads that would requires a voiceover of a local actor who impersonates a famous, non-living celebrity without ever using the celebrity's name. The celebrity has been dead for over 30 years but the voice is distinctive enough that listeners would recognize it. The writer says there is no problem from a legal standpoint, but I don't want to start a legal battle that I can't afford to be in. Is he right?

Carl asks: A producer wants me to sign a submission releases for my short script. Are they just a license to steal? Do writers usually sign these releases? A writer seeking to obtain consideration of unsolicited material would get nowhere if producers refuse to read material without a release. There seems to be some very suspect language in the release form I'm asked to sign and it looks like a template. What language could be included to protect me from theft and the producer from litigation?

Stephanie asks: I designed several still, 3d and animated logos for a new local news show here in Texas. My contract does state I was a work for hire with specific working hours, I used their equipment on their time, etc., etc. The producer worked during the day and I worked at night so any changes or additions to the logos were usually done outside of those hours on equipment in my home studio while taking direction over the phone or email. Another network wanted similar logos for their station and they were created by me in a similar agreement. Now the first network says the work was exclusively their own and I cannot create variations in any way. Is there a loophole to gain ownership over my work seeing I did most of it at home apart from the specifics of the contract?

Show notes

The Alaska Podshow Podcast
Gordon Firemark's website
Theater Law