What Is Entertainment Law?
Entertainment Law is a comprehensive body of law that includes business formation, contracts, employment, and intellectual property law, and the negotiation and drafting of industry specific agreements. Although these areas of the law are not limited to the entertainment industry, when they are applied to the entertainment industry, their application is very specific and requires tailored legal solutions.
For nearly three decades, Oppenheim Law has been engaged in numerous entertainment-related matters such as representing artists, celebrities, and major sports figures in the areas of talent negotiation; production financing; clearance and negotiation of rights; and documentation and negotiation for feature films.
The following are some examples of our most recent Entertainment and Social Media matters:
- Copyright licensing of architectural works for various film projects
- Managed, resigstered, and enforced several audiovisual project’s intellectual property portfolio;
- Preparation and review of licensing agreements for the discribution of films through variuous medioums;
- Preparation and review of contracts for engaging pot-production facilities in connection with various film projects;
- Preparation and review of contracts concerning the hiring of models and entertainers;
- Preparation and review of subcontractor agreements for audiovisual productions;
- Preparation and review of assignment and licensing agreements;
- Litigated various types of conflicts concerning breach of contract or lack of performance by a party;
- Preparation and Review of agency agreements with specific talent;
- Copyright licensing of music for various film projects;
- Advised on the formation of legal entities;
- Advised clients on copyrights and trademark infringement matters;
- Proposed and negotiated financing for short and feature length film projects;
- Advised clients on insurance requirements and management of civil liability; and,
- Reviewed and negotiated distribution deals for short and feature length films.
Social Media and Entertainment Law
Over the past several years, we have seen a growing convergence between traditional areas of entertainment with online streaming media and social networking. As a result, the firm has evolved and created an Entertainment and Social Media Law practice that provides complete legal representation for parties involved in this multi-phase area of practice. Now, more than ever, with the current COVID-19 pandemic, leveraging social media platforms is critical for artists such as filmmakers to remain relevant since most major movie theater chains are closed. More deals are being signed virtually—instead of through face-to-face interactions and without live audience screenings.
We assist clients that promote their content via platforms such as YouTube, Spotify and Etsy. We guide you, our client, in navigating the e-commerce environment and operating your e-businesses effectively while following federal and state regulations. Our team guides you in managing your online competition and assist with matters involving federal laws concerning internet service provider (ISP) regulations, and notices and procedures under the Digital Millennium Copyright Act (“DMCA”) which protects copyrighted material from potential infringement. We also offer services in protecting our clients’ trademark and copyright rights.
The effects of COVID-19 on the arts is widespread. Commercial film work has been postponed, movie theaters are closed, and agency agreements are at issue. The language of the underlying agreements and insurance policy provisions are key to determining if a termination, cancellation, or extension to an existing agreement is warranted under the circumstances. There may be force majeure clauses, or clauses that allow for a party to not have to perform obligations under the contract due to the unforeseeability of an event; namely, the COVID-19 pandemic. Even insurance policies may contain language not providing for the payment of the insurance in cases where the government has ordered shutdowns. For promoters of music or film festivals that hold their festivals once a year would need to reassess how to proceed, and if they have already placed promotional funds for marketing and advertising, they may have difficulty to recoup their funding. This area of the law is evolving and will continue to evolve due to the crisis.
Social Media and Virtual Reputation Law
As Social Media becomes further ingrained in our daily lives, individuals and companies are finding themselves in novel legal perils related to those platforms. There are many issues related to the use and/or abuse of social media in the operation of businesses.
The main issue is that while existing law applies to virtual environments, users tend to relax their behaviors in those environments and find themselves in legal trouble for doing things that they would not necessarily do in a face-to-face environment. “Facebook Defamation” or defamation in social media is one area of practice gaining traction in litigation as legal scholars and courts progressively agree that what users say in social media is deemed legally published. Moreover, those statements may legally be deemed as damaging as if they were published on the first page of a newspaper.
Oppenheim Law Attorneys assist clients dealing with all aspects of social media law including online defamation. We guide businesses on how to safely operate profitable marketing strategies using social media platforms while minimizing their legal risks. Our attorneys also provide legal guidance to clients in how to manage and/or defend their online reputation and identity.
Should you have any questions concerning any of these types of matters or any other matter involving the entertainment industry, please feel free to contact us online or by phone at 954-384-6114 to schedule a consultation. Our Entertainment Lawyers serve Fort Lauderdale, Broward County, Miami-Dade & Florida State.
Oppenheim Law | Entertainment Lawyers
2500 Weston Rd #404
Fort Lauderdale, FL 33331