Expert insights. Personalized for you.
AUDIO: TRANSCRIPT: [link]. Tom has a terrific question about recounting a true-crime story from long ago… Hi, I’m attorney Gordon Firemark, and this is Asked and Answered, where I answer your entertainment law questions, to help you take your career and business to the next level. MORE
Press Release. FOR IMMEDIATE RELEASE. Gordon P. Firemark, Attorney at Law Receives 2018 Los Angeles Award. Los Angeles Award Program Honors the Achievement. LOS ANGELES October 24, 2018 — Gordon P. Firemark, Attorney at Law has been selected for the 2018 Los Angeles Award in the Attorney category by the Los Angeles Award Program. MORE
That is the time you have remaining… Until the end of the year, that is. October, and the beginning of the 4th Quarter of 2016 is upon us, and before you know it, we’ll be into the Holiday season, and scrambling to get our business wrapped up for the year. MORE
Equity Crowdfunding is finally a reality. Almost. In a long-awaited move, on October 30, 2015 the Securities Exchange Commission (SEC) finally adopted a set of rules mandated by the 2012 JOBS act. MORE
With Covid-19/Coronavirus causing cancellation of events and transactions around the globe, people are naturally looking at whether they must still perform their contractual obligations and whether they are entitled to refunds of deposits and advance payments they've made. MORE
AUDIO: TRANSCRIPT: [link]. Can you cover a song and post a video of it on your YouTube or Facebook? MORE
If you've been planning to develop your plays and musicals using professional actors in a “developmental” production environment, you may have to put your plans on hold. MORE
The Latest episode of my Entertainment Law podcast, Entertainment Law Update , is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at [link]. Here’s what we talked about… Lindsay Lohan Loses. MORE
In this Asked & Answered video, I answer a common question if an actor’s agent have an obligation to tell the actor about all job offers. Does an actor’s agent have an obligation to tell the actor about all job offers? MORE
AUDIO: TRANSCRIPT: [link]. Paul has a question about using clips from a presidential debate from years ago on his radio show. MORE
AUDIO: TRANSCRIPT: [link]. Can an actor or voice artist be liable for performing scenes or quotes from existing plays, movies and TV shows? MORE
Recently, many YouTube creators have struggled with/complained loudly about the platform’s new rules for designating content directed at children. This, of course has led podcasters, too to become concerned and to wonder whether COPPA applies to them. MORE
A few weeks ago, I quietly began releasing episodes of a new podcast, called More, Better, Faster! Success Strategies for Show Business Professionals. MORE
The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at [link]. Here's what we talked about. SHORT DISCUSSION AT THE START LAWSUITS OVER CALL AT RAMS/SAINTS GAME: (Icebreaker-Can we all agree the halftime show needed more Spongebob?) MORE
In this Asked & Answered video, I answer questions about Model Release. In this installment of Asked and Answered, I’ll explain the rules for taking and using photographs or footage of people in your blog, videos, and other media. MORE
AUDIO: TRANSCRIPT: [link]. How to get a trademark for my logo and brand name. I’m entertainment business attorney Gordon Firemark, and this is asked and answered, where I answer your questions so you can take your career and business to the next level. Stick around for my response. MORE
The Hollywood Reporter last week reported that the 2nd Circuit has ruled against a director’s claim of ownership in his individual contribution to a film. The case involved a short film called “Heads Up”, directed by Alex Merkin, and Produced by 16 Casa Duse and it’s principal Robert Krakofski. The facts aren’t unusual. The film’s screenplay was purchased by the producer, and the crew (all except Merkin), signed routine agreements containing Work Made For Hire provisions. Merkin held out, and negotiations continued through the production period. Eventually things broke down and Merkin refused to turn over the film footage. He also registered the film’s copyright in his own name. When Merkin made threats against the producer for entering the film into festivals, Casa Duse filed suit for an injunction against Merkin. The trial court held in the producer’s favor, and the director appealed. The 2nd Circuit now joins the 9th Circuit in ruling that when contributions are inseparable from the work, and the individual in question is neither a sole or joint author, those contributions are not separately a “work of authorship” to which copyright protection attaches. The 9th Circuit ruled earlier this year in Garcia v. Google, over an actress’ claimed copyright in her contribution to the controversial film Innocence of Muslims. Although this is another major decision, it depends on a pretty specific set of facts. In most instances, the participants have signed agreements clarifying issues of ownership and copyright. The takeaway from this case, (and the Garcia ruling) is really this: “Get it in writing” The days of Hollywood operating on a handshake are gone. If you are making a film, and any of your cast, crew or production team has yet to sign a properly drafted contract, you’re at risk of this kind of claim. And, if you’ve taken investor funds to make your film, you’re exposing them to this risk. That’s a possible breach of your fiduciary duty. Even though the cases discuseed here each fell into the “win” column for the producers, they came after hard-fought battles, and at w tremendous cost. Bottom line. Beware the incomplete paper trail. - - - - - - - - - - - - - - - - - - - - - - - - - - - -. The post Producer vs. Director. 2nd Circuit: “No director copyright” originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media. Entertainment Law MORE
Entertainment Attorney Gordon Firemark. For the fourth year in a row, Gordon Firemark has been selected by his peers for inclusion in The Best Lawyers in America for his work in Entertainment Law – Theater. “I'm grateful for this recognition. MORE
AUDIO: TRANSCRIPT: [link]. Music Rights – How do you get permission to use a song in your video or film? MORE
Do you work on creative projects with others? What should your collaboration agreements include? This FREE ebook lays it all out for you so you can: Protect yourself. Protect your collaborators. Protect your work. Maximize your chances of success. MORE
The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at www.entertainmentlawupdate.com/119. MORE
I am thrilled to have been recognized as a Southern California Super Lawyer in Entertainment law. MORE
Thanksgiving, and the Winter holiday chaos that ensues are just around the corner. Once they arrive, most non-retail businesses can expect things to go into a sort of “standby” mode until after the new year. MORE
In this Asked & Answered video, I answer questions if do you need a release from your podcast guest. One of the most common questions I get from new media producers, especially podcasters, is “do I really need to get a release from every person I interview on my show?” MORE
I’m frequently called upon by clients to form a so-called “Loan-Out company” for them. Just as frequently, they don’t really understand the purpose of Loan-Out, how it will operate, or even whether it’s actually a good idea, given their circumstances. MORE
The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at www.entertainmentlawupdate.com/115. MORE
The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at www.entertainmentlawupdate.com/113. California Governor signs two controversial bills affecting entertainment and sports BILLIONS LAWSUIT BEATEN BY SHOWTIME ORAL ARGUMENTS HELD in LED ZEPPELIN STAIRWAY TO HEAVEN CASE PARKER V. MORE
On March 6th, I'll be holding my Podcaster’s Legal & Business Bootcamp live , and in person. The workshop, previously conducted online, will coincide with the Podfest Multimedia Expo in Orlando, Florida, where I'll also be speaking. Register Now! MORE
Next week, I'll be speaking at the Podcast Movement – Evolutions conference in Los Angeles. My talk is about content acquisition and compensation structures for podcasters. I'll be covering how to pay for and get paid for content as a podcaster. MORE
VIDEO: [link]. TRANSCRIPT: When do you have to blur the faces of people you capture in your videos shot in public places? Hi, I'm attorney Gordon Firemark, and this is Asked and Answered, where I answer your entertainment law questions, to help you take your career and business to the next level. MORE
For the third year in a row, I have been selected by my peers for inclusion in The Best Lawyers in America (2019 edition) for my work in the field of Entertainment Law – Theatre. Obviously, I'm honored, and grateful that I've earned the respect of my fellow attorneys. More information can be found at [link]. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Gordon Firemark named among Best Lawyers in America for third year in a row. MORE
AUDIO: TRANSCRIPT: [link]. Should you use a release form with your podcast guests? Hi, I’m Gordon Firemark, and this is Asked and Answered, where I help you take your career and business in entertainment to the next level. MORE
TRANSCRIPT: www.firemark.com. Entertainment Law Asked & Answered – Grand Rights and Sound Recordings: https://www.youtube.com/watch?v=N9ZVN8HT4uo. v=N9ZVN8HT4uo. MORE
AUDIO: TRANSCRIPT: [link]. What could you do if your agent is taking too long to get you your money after they’ve been paid. Hi, I’m Gordon Firemark, and this is Asked and Answered, where I help you take your career and business in entertainment to the next level. MORE
Thursday afternoon, I'll be presenting my talk at Podcast Movement in Orlando. MORE
Earlier today, I had a call from the HR director at one of the colleges where I teach one night a week. She called to tell me that I can no longer be classified as an independent contractor, and that under California's new law, AB5, I must be treated as an employee. No big deal for me. MORE
The Latest episode of my Entertainment Law podcast, Entertainment Law Update , is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at [link]. MORE
VIDEO: [link]. TRANSCRIPT: When do you have to blur the faces of people you capture in your videos shot in public places? Hi, I'm attorney Gordon Firemark, and this is Asked and Answered, where I answer your entertainment law questions, to help you take your career and business to the next level. MORE
The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at w ww.entertainmentlawupdate.com/116. MORE
TRANSCRIPT: www.firemark.com. Can you use real place names and businesses in a story that’s fiction, but inspired by a news article or report? MORE
The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at www.entertainmentlawupdate.com/117. MORE
I want to take a few moments to wish all of my readers, listeners, colleagues, clients and friends, a very happy Thanksgiving. The Thanksgiving holiday is a good time to consider all that we are thankful for, and to express that gratitude. Personally, I am blessed with a marvelous family. MORE
Do I need a release or contract with every person who appears in the background of my shot? Suppose you’re shooting a scene that takes place in a public place and you’re going to have people crossing in and out of frame in the background of your shot. MORE
The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at www.entertainmentlawupdate.com/118. MORE
Gordon P. Firemark
MARCH 19, 2020
With Covid-19/Coronavirus causing cancellation of events and transactions around the globe, people are naturally looking at whether they must still perform their contractual obligations and whether they are entitled to refunds of deposits and advance payments they've made.
Gordon P. Firemark
MARCH 27, 2020
The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at www.entertainmentlawupdate.com/119.
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Gordon P. Firemark
JANUARY 26, 2020
I am thrilled to have been recognized as a Southern California Super Lawyer in Entertainment law.
Gordon P. Firemark
FEBRUARY 28, 2020
The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at www.entertainmentlawupdate.com/118.
Gordon P. Firemark
AUGUST 13, 2019
Thursday afternoon, I'll be presenting my talk at Podcast Movement in Orlando.
Gordon P. Firemark
FEBRUARY 2, 2020
Next week, I'll be speaking at the Podcast Movement – Evolutions conference in Los Angeles. My talk is about content acquisition and compensation structures for podcasters. I'll be covering how to pay for and get paid for content as a podcaster.
Gordon P. Firemark
FEBRUARY 2, 2020
On March 6th, I'll be holding my Podcaster’s Legal & Business Bootcamp live , and in person. The workshop, previously conducted online, will coincide with the Podfest Multimedia Expo in Orlando, Florida, where I'll also be speaking. Register Now!
Gordon P. Firemark
NOVEMBER 14, 2019
Thanksgiving, and the Winter holiday chaos that ensues are just around the corner. Once they arrive, most non-retail businesses can expect things to go into a sort of “standby” mode until after the new year.
Gordon P. Firemark
DECEMBER 5, 2019
Recently, many YouTube creators have struggled with/complained loudly about the platform’s new rules for designating content directed at children. This, of course has led podcasters, too to become concerned and to wonder whether COPPA applies to them.
Gordon P. Firemark
JANUARY 10, 2019
If you've been planning to develop your plays and musicals using professional actors in a “developmental” production environment, you may have to put your plans on hold.
Gordon P. Firemark
SEPTEMBER 28, 2018
VIDEO: [link]. TRANSCRIPT: When do you have to blur the faces of people you capture in your videos shot in public places? Hi, I'm attorney Gordon Firemark, and this is Asked and Answered, where I answer your entertainment law questions, to help you take your career and business to the next level.
Gordon P. Firemark
OCTOBER 27, 2016
AUDIO: TRANSCRIPT: [link]. Music Rights – How do you get permission to use a song in your video or film?
Gordon P. Firemark
OCTOBER 13, 2016
AUDIO: TRANSCRIPT: [link]. Paul has a question about using clips from a presidential debate from years ago on his radio show.
Gordon P. Firemark
NOVEMBER 19, 2019
A few weeks ago, I quietly began releasing episodes of a new podcast, called More, Better, Faster! Success Strategies for Show Business Professionals.
Gordon P. Firemark
OCTOBER 20, 2016
AUDIO: TRANSCRIPT: [link]. Can you cover a song and post a video of it on your YouTube or Facebook?
Gordon P. Firemark
JANUARY 17, 2020
The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at www.entertainmentlawupdate.com/117.
Gordon P. Firemark
SEPTEMBER 28, 2016
The Latest episode of my Entertainment Law podcast, Entertainment Law Update , is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at [link]. Here’s what we talked about… Lindsay Lohan Loses.
Gordon P. Firemark
NOVEMBER 17, 2016
AUDIO: TRANSCRIPT: [link]. Tom has a terrific question about recounting a true-crime story from long ago… Hi, I’m attorney Gordon Firemark, and this is Asked and Answered, where I answer your entertainment law questions, to help you take your career and business to the next level.
Gordon P. Firemark
AUGUST 15, 2019
Entertainment Attorney Gordon Firemark. For the fourth year in a row, Gordon Firemark has been selected by his peers for inclusion in The Best Lawyers in America for his work in Entertainment Law – Theater. “I'm grateful for this recognition.
Gordon P. Firemark
SEPTEMBER 15, 2016
AUDIO: TRANSCRIPT: [link]. What could you do if your agent is taking too long to get you your money after they’ve been paid. Hi, I’m Gordon Firemark, and this is Asked and Answered, where I help you take your career and business in entertainment to the next level.
Gordon P. Firemark
SEPTEMBER 14, 2018
VIDEO: [link]. TRANSCRIPT: When do you have to blur the faces of people you capture in your videos shot in public places? Hi, I'm attorney Gordon Firemark, and this is Asked and Answered, where I answer your entertainment law questions, to help you take your career and business to the next level.
Gordon P. Firemark
NOVEMBER 30, 2016
AUDIO: TRANSCRIPT: [link]. How to get a trademark for my logo and brand name. I’m entertainment business attorney Gordon Firemark, and this is asked and answered, where I answer your questions so you can take your career and business to the next level. Stick around for my response.
Gordon P. Firemark
FEBRUARY 8, 2019
The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at [link]. Here's what we talked about. SHORT DISCUSSION AT THE START LAWSUITS OVER CALL AT RAMS/SAINTS GAME: (Icebreaker-Can we all agree the halftime show needed more Spongebob?)
Gordon P. Firemark
OCTOBER 6, 2016
AUDIO: TRANSCRIPT: [link]. Can an actor or voice artist be liable for performing scenes or quotes from existing plays, movies and TV shows?
Gordon P. Firemark
OCTOBER 31, 2018
Press Release. FOR IMMEDIATE RELEASE. Gordon P. Firemark, Attorney at Law Receives 2018 Los Angeles Award. Los Angeles Award Program Honors the Achievement. LOS ANGELES October 24, 2018 — Gordon P. Firemark, Attorney at Law has been selected for the 2018 Los Angeles Award in the Attorney category by the Los Angeles Award Program.
Gordon P. Firemark
DECEMBER 19, 2019
The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at w ww.entertainmentlawupdate.com/116.
Gordon P. Firemark
NOVEMBER 21, 2017
I want to take a few moments to wish all of my readers, listeners, colleagues, clients and friends, a very happy Thanksgiving. The Thanksgiving holiday is a good time to consider all that we are thankful for, and to express that gratitude. Personally, I am blessed with a marvelous family.
Gordon P. Firemark
SEPTEMBER 30, 2016
AUDIO: TRANSCRIPT: [link]. Should you use a release form with your podcast guests? Hi, I’m Gordon Firemark, and this is Asked and Answered, where I help you take your career and business in entertainment to the next level.
Gordon P. Firemark
AUGUST 16, 2018
For the third year in a row, I have been selected by my peers for inclusion in The Best Lawyers in America (2019 edition) for my work in the field of Entertainment Law – Theatre. Obviously, I'm honored, and grateful that I've earned the respect of my fellow attorneys. More information can be found at [link]. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Gordon Firemark named among Best Lawyers in America for third year in a row.
Gordon P. Firemark
JULY 6, 2015
The Hollywood Reporter last week reported that the 2nd Circuit has ruled against a director’s claim of ownership in his individual contribution to a film. The case involved a short film called “Heads Up”, directed by Alex Merkin, and Produced by 16 Casa Duse and it’s principal Robert Krakofski. The facts aren’t unusual. The film’s screenplay was purchased by the producer, and the crew (all except Merkin), signed routine agreements containing Work Made For Hire provisions. Merkin held out, and negotiations continued through the production period. Eventually things broke down and Merkin refused to turn over the film footage. He also registered the film’s copyright in his own name. When Merkin made threats against the producer for entering the film into festivals, Casa Duse filed suit for an injunction against Merkin. The trial court held in the producer’s favor, and the director appealed. The 2nd Circuit now joins the 9th Circuit in ruling that when contributions are inseparable from the work, and the individual in question is neither a sole or joint author, those contributions are not separately a “work of authorship” to which copyright protection attaches. The 9th Circuit ruled earlier this year in Garcia v. Google, over an actress’ claimed copyright in her contribution to the controversial film Innocence of Muslims. Although this is another major decision, it depends on a pretty specific set of facts. In most instances, the participants have signed agreements clarifying issues of ownership and copyright. The takeaway from this case, (and the Garcia ruling) is really this: “Get it in writing” The days of Hollywood operating on a handshake are gone. If you are making a film, and any of your cast, crew or production team has yet to sign a properly drafted contract, you’re at risk of this kind of claim. And, if you’ve taken investor funds to make your film, you’re exposing them to this risk. That’s a possible breach of your fiduciary duty. Even though the cases discuseed here each fell into the “win” column for the producers, they came after hard-fought battles, and at w tremendous cost. Bottom line. Beware the incomplete paper trail. - - - - - - - - - - - - - - - - - - - - - - - - - - - -. The post Producer vs. Director. 2nd Circuit: “No director copyright” originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media. Entertainment Law
Gordon P. Firemark
NOVEMBER 20, 2019
The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at www.entertainmentlawupdate.com/115.
Gordon P. Firemark
SEPTEMBER 18, 2015
TRANSCRIPT: www.firemark.com. Entertainment Law Asked & Answered – Grand Rights and Sound Recordings: https://www.youtube.com/watch?v=N9ZVN8HT4uo. v=N9ZVN8HT4uo.
Gordon P. Firemark
APRIL 12, 2015
In this Asked & Answered video, I answer questions about Model Release. In this installment of Asked and Answered, I’ll explain the rules for taking and using photographs or footage of people in your blog, videos, and other media.
Gordon P. Firemark
MAY 21, 2015
In this Asked & Answered video, I answer a common question if an actor’s agent have an obligation to tell the actor about all job offers. Does an actor’s agent have an obligation to tell the actor about all job offers?
Gordon P. Firemark
NOVEMBER 3, 2016
The Latest episode of my Entertainment Law podcast, Entertainment Law Update , is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at [link].
Gordon P. Firemark
OCTOBER 7, 2016
That is the time you have remaining… Until the end of the year, that is. October, and the beginning of the 4th Quarter of 2016 is upon us, and before you know it, we’ll be into the Holiday season, and scrambling to get our business wrapped up for the year.
Gordon P. Firemark
NOVEMBER 9, 2015
Do I need a release or contract with every person who appears in the background of my shot? Suppose you’re shooting a scene that takes place in a public place and you’re going to have people crossing in and out of frame in the background of your shot.
Gordon P. Firemark
APRIL 23, 2015
In this Asked & Answered video, I answer questions if do you need a release from your podcast guest. One of the most common questions I get from new media producers, especially podcasters, is “do I really need to get a release from every person I interview on my show?”
Gordon P. Firemark
JANUARY 12, 2015
I’m frequently called upon by clients to form a so-called “Loan-Out company” for them. Just as frequently, they don’t really understand the purpose of Loan-Out, how it will operate, or even whether it’s actually a good idea, given their circumstances.
Gordon P. Firemark
JULY 18, 2015
TRANSCRIPT: www.firemark.com. Can you use real place names and businesses in a story that’s fiction, but inspired by a news article or report?
Gordon P. Firemark
NOVEMBER 16, 2015
Equity Crowdfunding is finally a reality. Almost. In a long-awaited move, on October 30, 2015 the Securities Exchange Commission (SEC) finally adopted a set of rules mandated by the 2012 JOBS act.
Gordon P. Firemark
OCTOBER 17, 2019
The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at www.entertainmentlawupdate.com/113. California Governor signs two controversial bills affecting entertainment and sports BILLIONS LAWSUIT BEATEN BY SHOWTIME ORAL ARGUMENTS HELD in LED ZEPPELIN STAIRWAY TO HEAVEN CASE PARKER V.
Gordon P. Firemark
MARCH 18, 2017
Do you work on creative projects with others? What should your collaboration agreements include? This FREE ebook lays it all out for you so you can: Protect yourself. Protect your collaborators. Protect your work. Maximize your chances of success.
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