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:
Leanne wants an easy way to get copyright
permission when making videos for friends.
I do not charge them and I have used copyrighted music
in the video. I have been told that I should start a
business to be paid for my work. One of the reasons
why I don't is because I would like to be able to use
copyrighted materials. It means more to the client if
they have their favorite song on the video. I have
not found an easy way to get permission. Do you know
of one? How do DJ get permission and is that the same
use? Is there a public use clause that I may be able
to use? Do you know, can I get paid if the client
provides the music?
Stan has a question about audition tapes and reels
he produced: as an artist what rights do you have to
the audition tape or a demo reel if used in a final
production of a song?
Sharon wants to know if there is an entertainment
company that would be interested in her script. Should
she have an attorney before I sign anything?
Jack wants to know if wedding videographers own the
original tapes and ALL reproduction rights to what
they shoot. Or is what they do for a client a
work-for-hire and the client gets the original tape?
He's not talking about non-wedding shoots, he states
in his contract for corporate clients that he owns the
original video rights (unless the tapes show something
secret or proprietary) and so far no client has had a
problem with that.
Sheryl asks: I am wondering what kinds of legal
things I should consider after filming a documentary
for a school project in Spain. Does the school own the
video since it is their equipment? Can I use the video
as a demo on my reel? Do I need to have release forms
for everyone I shoot? How about music shot on
location? will I have to get copyright clearance?
Kevin asks: How do you safeguard your idea when
pitching a production to a major broadcast company;
how do you safeguard your concept?