In my recent class this month, we are
studying advanced entertainment law. Yes, advanced
entertainment law! As daunting as it sounds to you, it sounded even more
daunting to me, considering I had not even taken a law class before, nor have
any clue about law. However, one week in and I am glad to be in this class so
far.
As a business owner, especially in the
entertainment industry, it is important to have a clear understanding of the
basic law practices and knowledge regarding legal and copyright matters as it
pertains to one’s business. Currently, we are researching top legal cases
surrounding our specific industry to gain insight on some of the legal
practices taking place. My specific industry within entertainment is performing
arts culture.
Considering my specific industry, there
are not many “recent” legal cases or legal issues, and/or lawsuits. In spite of
the lack thereof, I was determined to find valuable documents of reported legal
cases in order to gain insight into possible legal situations that could
potentially arise in the arts and culture industry. In my search I came across
a few articles I found interesting and worth taking note; and sharing with you.
In performing arts dancers can secure
various types of jobs, with various companies. As a child, I use to want to
dance for cruise ships, as the thought of being able to travel to different
parts of the world and dance seemed magical to me. However, that dream did not
come true. Yet, there are many dancers who have been fortunate enough to work
for cruise lines, or have they? Performing for a cruise line does seem like the
perfect job until one becomes injured. In a recent article I came across titled
‘No Jury Trial for Seriously Injured Dancer Aboard HAL’s Oosterdam’ I was a bit
shocked at the legal issues in the case. Apparently, a dancer aboard the cruise
line was injured by equipment on the ship, so severely, that he can no longer
dance. Thus, ending his career. Despite the laws, such as the General Maritime
Law of the U.S. and the Jones Act, stipulating injured crewmembers are allowed
to bring their case before a jury; the dancer in this article was denied the
right by the U.S. federal court to have his case against the cruise line and
his employer brought before a jury trial, and instead sent to be reviewed in
arbitration. According to the article, apparently it is cheaper and easier for
a cruise line to settle any crewmember claims outside of a jury, therefore
inserting terms in employee contracts that any claims must be through
arbitration (Walker, 2013). This case is still being reviewed to date. However,
I find it appalling that cruise line companies are using loop holes to cheapen
their way out of responsibility to their employees. In the dance community, the
loss of a limb is not only the loss of a career, but of a life that could have
been.
In a similar
case we see an ex-crewmember, with the Royal Caribbean cruise line, finding
favor in arbitration, as the plaintiff is awarded the highest arbitration
settlement of $1,250,000. For more info on this case visit Royal Caribbean Settlement .
On the theatre side of the industry I
came across a blog on Belhaven Theatre
discussing recent legal issues over playwrights. The blog shares the conflicts
and legal issues that arise when a writer and producer have discrepancies over
the production of a play. A recent case highlighted in the blog details how
playwright Bruce Norris refused to allow his Pulitzer prized play Clybourne Park go to production in
Germany, as the producer intended to have non-black actors perform the
African-American characters. This is not unusual of cases being brought to the
courts over playwrights, due to producers altering or making changes to a
production without the writers input, or consent.
After, reading through these articles and
more I am beginning to see the necessity to under the various laws, as best
possible, associated with my industry. It is only wise to do so in order to
protect my business, my students, and myself. As well, be able to understand
the legalities associated with using copyrighted material, especially when
wanting to present a previous work.
Some may say leave the legal business to
the lawyers, to which I agree, and some chose to think most deals, or contracts
can be handled without legal guidance, but would you want to sign on a dotted
line that could potentially be signing away your future?
Thanks for reading,
LaKesha, xo
Reference:
Frost, J. (2012). ‘Playwrights Intentions
Defended’. Belhaven Theatre. http://blogs.belhaven.edu/theatre/playwrights-intentions-defended/#.Ui6Mxhbw4_4
Walker, J. (2013).‘No Jury Trial for
Seriously Injured Dancer Aboard HAL’s Oosterdam”. http://www.cruiselawnews.com/2013/01/articles/crew-member-rights-1/no-jury-trial-for-seriously-injured-dancer-aboard-hals-oosterdam/
Walker, J. (2013). ‘Walker and O’Neil
Featured in Top Verdicts and Settlements’.
http://www.cruiselawnews.com/2012/06/articles/crew-member-rights-1/walker-oneill-featured-in-top-verdicts-and-settlements-for-1250000-verdict-for-injured-crewmember-against-royal-caribbean/
