Tuesday, June 19, 2012

Don't Worry, Music! I'll Protect You!


Learning about entertainment law has made me realize that I should look into covering my intellectual property.  I have also learned much about contracts and the compartments within a contract.  For my business plan, I want to be sure I am covered with IP and brand protection.  I listened to some podcasts from the Entertainment Law Update Podcast website with Gordon Firemark, Esq. and I have learned a few things about some types of IP protection.  I have noticed that running a studio has plenty of liabilities.  Although their will be some bumps in the road of running a business, I don’t want to make obvious mistakes that could cost me a great deal of money.

One thing I learned from the Entertainment Law Update Podcast is that the client must read the entire contract before signing.  On Episode 23 of Entertainment Law Update Podcast, Firemark talks about how a restaurant sued a reality show for displaying their visual arts.  The restaurant, however, signed a release for the TV show to use and edit whatever they have filmed.  As I develop my business plan, it is important for me to have my clients sign a waiver, notifying the risks and that my business is not reliable. 

Another lesson that I should apply to my business plan is a way to keep track of my copyrights.  As a producer, I know that once I release my instrumentals, other people will use them.  However, I would want a clearance from the user.  Therefore, for my business plan, I want to avoid copyright infringement with sending clearances.  For instance, in Episode 13, Firemark discusses the copyright infringement case of Jay-Z vs. Nafal.  Even though the sample that Jay-Z’s producers used were not under the 76’ copyright law, it is still best to ask for permission.

My business plan will have a budget for copyright and trademark purchases.  It is a small price to protect intellectual property.  The podcasts were very informative about how the laws apply within the entertainment industry.

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