Protect Your Legacy

In today’s blog I wanted to discuss the topic of entertainment law. In starting a business it is important to have a basic understanding of the laws associated within your industry to avoid liability issues in the future. During my research, to grasp a better understanding of the laws surrounding the cultural arts industry, I learned how important it is to have a clear understanding of how to protect your business and yourself from future suits. In my research I also came across a few podcasts from industry experts, within the entertainment field, who shared insight and tips on how to avoid issues such as copyright infringement, trademark and liability issues. Although, most business owners may deem it useless to research these topics and may prefer to hire an attorney to handle such matters on their behalf, and they would be correct. It is also important to have a basic understanding of what and how the laws of your industry will impact your business. It could be the saving factor of your future legacy.

When it comes to protecting your brand it is key to have a clear idea of what your brand is, and the brand message you are portraying if you plan to trademark any component of your business. In the podcast ‘When a foot is only 11 inches, and a Batmobile is a character’ by Gordon P. Firemark, he discusses the importance of not having a deceptive description for your business product or service, when looking to trademark. An example he uses is the process Subway has been going through in trying to trademark the ‘footlong sub’ tagline. Subway has not been able to trademark due to other competitors citing the use of description for Subway subs is deceptive according to trademark law, and can be misleading. In order for the company to receive trademark, Subway will need to provide a clearer, distinctive, description of their product in which the company wants to trademark. According to trademark law, in order to serve as a trademark, a mark must be distinctive (Harvard, 2013). The issue with Subway was other competitors argued any sub is a footlong, and any company selling a sub is selling a footlong sub, therefore the tagline ‘footlong sub’ would be confusing as a trademark. The key when it comes to qualifying for trademark is to make sure you have a clear, and distinctive, mark.

The next big issue in entertainment law is copyright infringement. Unfortunately, many companies create material, or works, that become infringed upon by others. By having an understanding of how to copyright your work, you can protect yourself and your work from being misused. However, on the other side it is just as important to know the correct process in order to use copyrighted material. As a performing arts company, our goal is to produce recitals, shows, and events throughout the year. The majority of the work we produce may be previously produced, or copyrighted material, but we will also work to create original work. So, how do you know that when creating new work it is truly original, and not just a re-created version of something else? The Nutcracker has been reproduced by numerous dance schools and most recently has been re-created into “new work” such as the Hot Chocolate Nutcracker produced by Debbie Allen. Is it an infringement of copyright for Ms. Allen to have a play that resembles the original Nutcracker? In another podcasts by Firemark titled ‘No Copyright, Sherlock’, Firemark discusses several cases of copyright infringement of work used that is similar to previous copyrighted work. However, in most of those cases the court ruled no copyright infringement, as the works in question are not similar in scope and content of the original work, due to tiny changes in the material. So, I gather long as Ms. Allen’s play has differing factors that do not confuse the public with the original Nutcracker; there is no copyright issue.

The final topic of entertainment law reviewed in my research is intellectual property. Intellectual property refers to creations of the mind; inventions, literary and artistic work, and symbols, names, images, and designs used in commerce (WIPO, 2013). Intellectual property consists of patents, trademarks, and copyright work that require protecting. In the course of building a business, it is important to identify ‘what’ is your business’ intellectual property that will require protecting. In the podcasts ‘IP Law Concentration’ by Suffolk University Law School, professor Andrew Beckerman-Rodau discusses in detail and length intellectual property, and how to identify intellectual property within your business. The podcast gives good insight as to how each law related to intellectual property will affect your business.

The greatest takeaway during the research on entertainment law and intellectual property is the importance of having a basic, and comprehensive, understanding of the laws that affect your industry. Operating a business is not easy, and building a successful business takes work. Why not know how to protect your work, so that your efforts and legacy don’t die with you, or before you do. These are just my thoughts and hopefully it helps someone else.

Thanks for reading,

LaKesha, xo

Reference

Trademark Law. 2013. http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm

Intellectual Property. 2013. http://www.alllaw.com/topics/intellectual_property

Entertainment Law Update. Podcast by Gordon Firemark; Episode 38

No Copyright, Sherlock. Podcast by Gordon Firemark; Episode 43

IP Law Concentration. Podcast by Suffolk University Law School