Gordon P. Firemark

A new look at the old standard: “Force Majeure” clauses

Gordon P. Firemark

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.

Blackbeard’s Revenge!

Gordon P. Firemark

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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Recognized as a Southern California Super Lawyer!

Gordon P. Firemark

I am thrilled to have been recognized as a Southern California Super Lawyer in Entertainment law.

Live from Dallas

Gordon P. Firemark

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.

The Trouble with Tunes – approaches to using music in podcasts (Podcast Movement 2019)

Gordon P. Firemark

Thursday afternoon, I'll be presenting my talk at Podcast Movement in Orlando.

Speaking at Podcast Movement, Evolutions!

Gordon P. Firemark

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.

REGISTER NOW! Podcaster’s Legal & Business Bootcamp live and in-person in conjunction with Podfest Expo.

Gordon P. Firemark

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!

Do this for your business before the holidays get in the way.

Gordon P. Firemark

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.

Is your Podcast subject to COPPA?

Gordon P. Firemark

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.

Actor’s Equity On Strike: What’s it all about?

Gordon P. Firemark

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.

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What are the Rules for Using Music Even Your Own Music in a Podcast – Entertainment Law Asked & Answered

Gordon P. Firemark

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.

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How To Get Permission to Use a Song in a Film or Video – Entertainment Law Asked & Answered

Gordon P. Firemark

AUDIO: TRANSCRIPT: [link]. Music Rights – How do you get permission to use a song in your video or film?

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Fair Use: Presidential Debate Footage – Entertainment Law Asked & Answered

Gordon P. Firemark

AUDIO: TRANSCRIPT: [link]. Paul has a question about using clips from a presidential debate from years ago on his radio show.

I have a new podcast for showbiz professionals!

Gordon P. Firemark

A few weeks ago, I quietly began releasing episodes of a new podcast, called More, Better, Faster! Success Strategies for Show Business Professionals.

Posting Cover Videos of Songs – Entertainment Law Asked & Answered

Gordon P. Firemark

AUDIO: TRANSCRIPT: [link]. Can you cover a song and post a video of it on your YouTube or Facebook?

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A Billion Dollars

Gordon P. Firemark

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.

Is copyright getting tougher? – Episode 78

Gordon P. Firemark

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.

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Rights of Publicity and Privacy in True Crime Stories – Entertainment Law Asked & Answered

Gordon P. Firemark

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 Firemark named among the Best Lawyers in America

Gordon P. Firemark

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.

What to do about an Agent who isn’t Paying – Entertainment Law Asked & Answered

Gordon P. Firemark

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.

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Do I Need to Blur Faces in my Videos – Entertainment Law Asked & Answered

Gordon P. Firemark

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.

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How to Get a Trademark for My Logo and Brand Name – Entertainment Law Asked & Answered

Gordon P. Firemark

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.

Trending Topics / Law of Podcasting – Entertainment Law Update Episode 106

Gordon P. Firemark

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?)

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Actor Liability for Content – Entertainment Law Asked & Answered

Gordon P. Firemark

AUDIO: TRANSCRIPT: [link]. Can an actor or voice artist be liable for performing scenes or quotes from existing plays, movies and TV shows?

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Gordon P. Firemark, Attorney at Law Receives 2018 Los Angeles Award

Gordon P. Firemark

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.

2019 Year in Review

Gordon P. Firemark

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.

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Happy Thanksgiving, giving thanks.

Gordon P. Firemark

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.

Should you use a release with your podcast guests? – Entertainment Law Asked & Answered

Gordon P. Firemark

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 Firemark named among Best Lawyers in America for third year in a row.

Gordon P. Firemark

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.

Producer vs. Director. 2nd Circuit: “No director copyright”

Gordon P. Firemark

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

Shiver me Timbers

Gordon P. Firemark

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.

Entertainment Law Asked & Answered – Licensing Music For Kids Performance School

Gordon P. Firemark

TRANSCRIPT: www.firemark.com. Entertainment Law Asked & Answered – Grand Rights and Sound Recordings: https://www.youtube.com/watch?v=N9ZVN8HT4uo. v=N9ZVN8HT4uo.

Entertainment Law Asked & Answered – Model Release

Gordon P. Firemark

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.

Entertainment Law Asked & Answered – Does an Actor’s Agent have an Obligation to Tell the Actor about all Job Offers?

Gordon P. Firemark

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?

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Podcasting the Law… of Podcasting – Episode 79

Gordon P. Firemark

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].

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The end is near…

Gordon P. Firemark

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.

When do I need a release from a person in the background of my shot?

Gordon P. Firemark

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.

Entertainment Law Asked & Answered – Do I Need a Release from My Podcast Guest

Gordon P. Firemark

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?”

Should you have a loan-out company for your work in entertainment?

Gordon P. Firemark

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.

Can You Use Real Places Names in a Story that is Fictional but Inspired in a News Article?

Gordon P. Firemark

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?

Is Equity Crowdfunding a game changer?

Gordon P. Firemark

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.

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Oldies and Goodies

Gordon P. Firemark

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.

Collaboration Agreement E-book available

Gordon P. Firemark

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.