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
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
