Gordon P. Firemark

MARCH 18, 2017

What should your collaboration agreements include? The post Collaboration Agreement E-book available originally appeared on Entertainment Law Offices of Gordon P. Do you work on creative projects with others? 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. Simply enter your details, and it'll come your way instantly! I want the collaboration guide.

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Gordon P. Firemark

DECEMBER 8, 2015

A commonly used, but often misunderstood type of contract used throughout the entertainment industry is the Production Services Agreement. This short article will attempt to demystify and explain the use of such agreements, but shouldn’t be treated as a substitute for real legal advice from a lawyer you’ve hired to help you determine the best overall deal structure for your project. What is a Production Services Agreement?

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New Media and Technology Law

APRIL 7, 2020

They should review the underlying agreement and applicable law, as well as evaluate the status of the work to be performed under the agreement. Naturally, these will be a function of the facts and circumstances of the particular situation, the nature of the services and the specific governing agreement. After each party understands the other party’s concerns and each party has privately analyzed its position under the agreement, they are ready to engage to find a solution.

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Media Law Prof Blog

JANUARY 30, 2013

Handling the Unreasonable Publication Agreement. Using hypothetical publication agreement drafts, this article explores copyright, warranty, representation, indemnity and other traps awaiting unwary Harold Anthony Lloyd, Wake Forest University School of Law, has published Publish and Perish? Here is the abstract.

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Gordon P. Firemark

OCTOBER 5, 2015

Historically, the way producers, production companies, and studios went about securing rights in material for their development and production pipeline(s), has been to enter into an option agreement with the owner, author, or subject of the desired project. Of course, typical modern option agreements are more complex than the simple example above, and include extensions, writing service add-ons, etc., Shopping Agreements. Option vs. Shopping.

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Music Technology Policy

MARCH 13, 2012

This weeks topic deals with artist management agreements. Post Term Commissions or “Sunset Clause ”: There will be a post-term commission schedule that should apply to specific records that were created and released during the term of the management agreement and the songs in those records, any tours booked but not performed during the term, other elements that you argue about. For a more detailed discussion, see Artist Managment Agreements on the Semaphore blog.

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Gordon P. Firemark

JANUARY 7, 2013

First, ownership of a work will belong to the employer if prepared as part of an employee's regular duties, or if created by an independent contractor, pursuant to a written agreement so specifying, and provided the work is among the types of works listed as eligible for this treatment. So, even if you have a written commission agreement, providing that the play you're commissioning is a work-made-for-hire, it probably isn't.

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THR, Esq. Entertainment & Media Law Blog

FEBRUARY 27, 2018

The owner of Googles has something in common with Paul McCartney. read more. THR, Esq. Business Television Tech Business THR Online

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Music Technology Policy

JUNE 15, 2012

This weeks topic deals with artist management agreements. Post Term Commissions or “Sunset Clause ”: There will be a post-term commission schedule that should apply to specific records that were created and released during the term of the management agreement and the songs in those records, any tours booked but not performed during the term, other elements that you argue about. For a more detailed discussion, see Artist Managment Agreements on the Semaphore blog.

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Gordon P. Firemark

JULY 1, 2013

Under California law, a party transferring rights to any work made under a work for hire agreement is an employee for purposes of workers’ compensation and unemployment insurance. The Employment Development Department of the State of California (EDD) has taken the position that “work made for hire” language included in an agreement that otherwise provides for consultant or independent contractor services, nonetheless renders the contractor a statutory employee.

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Media Law Prof Blog

JULY 27, 2015

The Discovery Network and Comcast have renewed their distribution agreement. The deal takes effect at the beginning of next year. Discovery had balked after Comcast tried a takeover over Time Warner Cable, which failed earlier this year. More here on

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Music Technology Policy

JANUARY 28, 2012

This weeks topic deals with artist management agreements. Post Term Commissions or “Sunset Clause ”: There will be a post-term commission schedule that should apply to specific records that were created and released during the term of the management agreement and the songs in those records, any tours booked but not performed during the term, other elements that you argue about. For a more detailed discussion, see Artist Managment Agreements on the Semaphore blog.

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Gordon P. Firemark

APRIL 11, 2011

Composer and Music Licensing Agreements for Film, TV, & New Media. We’ll navigate typical composing and licensing agreements, shed light on strategies for negotiating the best possible deal, and highlight the most common pitfalls.

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Music Technology Policy

FEBRUARY 9, 2020

We’ll be coming back to this soon, but readers should be aware that there’s a loophole in Canada’s Copyright Act that can be closed immediately through the the USMCA trade agreement. Mexico (CUSMA) trade agreement last year.

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Music Technology Policy

JANUARY 6, 2020

Many welcome the passing of the renegotiated North American Free Trade Agreement, known as the United States-Mexico-Canada Agreement (USMCA). And now of course they want USMCA to become a model for all other trade agreements–including, no doubt the coming bilateral agreement with the UK after Brexit. It would be a bizarre twist for the Congress to plug one loophole only to allow another through the back door of trade agreements.

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Digital Media Law

NOVEMBER 11, 2010

The deals are similar to the TV/theatrical agreement reached last week. Details: The Hollywood Reporter

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New Media and Technology Law

FEBRUARY 1, 2019

The decision reinforces the point that for purposes of establishing a binding agreement with a user – particularly in the context of a mobile app – simplicity and clarity of the user interface is desired. In response, Coinbase moved to compel arbitration pursuant to a provision in its user agreement.

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Music Technology Policy

MAY 15, 2019

The duties and authority of this person need to be clearly spelled out and understood. This is the kind of thing that is addressed in a band partnership, shareholder or LLC operating agreement (and you may well be forming a “de facto” partnership as it is), so we will reiterate the importance of having the band agreement drafted by a lawyer. Your lawyer should be able to help you get song split agreements drafted. We’ll cover these agreements separately.

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Media Law Prof Blog

APRIL 2, 2014

From the Hollywood Reporter: The Writers Guild and the studios appear to have reached an agreement, apparently without the kind of bitterness that marked negotiations in 2007/2008 and 2011. More here. Next up: negotiations between SAG/AFTRA and the AMPTP

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Music Technology Policy

DECEMBER 10, 2013

Reblogged from Semaphore Music: Written by Chris Castle. New artists often think that the first person they need on their team is a “manager”. They’ve all heard the stories of the “big” managers who can snap their fingers and make something happen for their clients. The reality is that when an artist is just starting out, those first 1,000 to 10,000 units are just as hard to sell for the new artist using Internet based tools as it is for the big manager with the major label backing. .

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Music Technology Policy

NOVEMBER 3, 2011

Like anyone else on your team, you need to engage the producer and this article will focus on the major deal points in record producer agreements from the artist’s perspective. You would expect to pay for hard drives, but you might not expect to pay a rental fee for plugins or outboard gear. The recording budget becomes part of your producer agreement. Your record producer is probably the most important member of your creative team.

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Broadcast Law Blog

FEBRUARY 14, 2019

General FCC filing of broadcasters contracts Modernization of Media Regulation Initiative online public inspection file station contracts and agreementsBack in October, the FCC eliminated the requirement that broadcasters file contracts and organizational documents with the Commission. See our post here for more details. That change became effective on January 22, 2019 , as noted in an FCC Public Notice released earlier this week.

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Music Technology Policy

MAY 3, 2010

Tags: artist education 20 questions for new artists managment agreements

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New Media and Technology Law

JULY 28, 2016

The court denied the defendant’s motion, ruling that the plaintiff had no knowledge of the website terms and was not bound by the arbitration clause contained in DSG’s browewrap agreement. Rather, DSG’s terms were presented as a browsewrap agreement, where a website’s terms and conditions are posted on the website via a hyperlink at the bottom of the screen and users are presumed to manifest assent to the terms by use of the website. In Nghiem v Dick’s Sporting Goods, Inc. ,

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Broadcast Law Blog

FEBRUARY 14, 2019

General FCC filing of broadcasters contracts Modernization of Media Regulation Initiative online public inspection file station contracts and agreementsBack in October, the FCC eliminated the requirement that broadcasters file contracts and organizational documents with the Commission. See our post here for more details. That change became effective on January 22, 2019 , as noted in an FCC Public Notice released earlier this week.

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Music Technology Policy

MAY 8, 2012

See also More Questions for Artists: Record Producer Agreements, Part 2 , Part 3 , Part 4 , Part 5. A post with all the current parts in one post is available here , and see also “Artist Management Agreements” on the Semaphore Music blog. Like anyone else on your team, you need to engage the producer and this article will focus on the major deal points in record producer agreements from the artist’s perspective. Please note: This is an installment in a multi-part post.

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Music Technology Policy

NOVEMBER 12, 2011

See also Twenty Questions for New Artists: Record Producer Agreements, Part 1 , Part 2 , Part 3 , Part 4 and Part 5. 20 more questions for artists 20 questions for new artists recording artists mixer agreements mixers record producer record producer agreements remixer agreements remixersPlease note: This is an installment in a multi-part post. Each post has information relvant to prior posts, so until we get to the “Final” there will be more information to come.

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Media Law Prof Blog

MARCH 16, 2020

An empirical study of author rights in Australian publishing agreements in volume 44 of Melbourne University Law Review (2020). Joshua Yuvaraj, Monash University Faculty of Law, and Rebecca Giblin, University of Melbourne Law School, are publishing Are contracts enough?

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Music Technology Policy

DECEMBER 23, 2011

See also More Questions for Artists: Record Producer Agreements, Part 2 , Part 3 , Part 4 , Part 5. A post with all the current parts in one post is available here , and see also “Artist Management Agreements” on the Semaphore Music blog. Like anyone else on your team, you need to engage the producer and this article will focus on the major deal points in record producer agreements from the artist’s perspective. Please note: This is an installment in a multi-part post.

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Music Technology Policy

JANUARY 9, 2012

See also More Questions for Artists: Record Producer Agreements, Part 2 , Part 3 , Part 4 , Part 5. A post with all the current parts in one post is available here , and see also “Artist Management Agreements” on the Semaphore Music blog. 20 more questions for artists 20 questions for new artists recording artists mixer agreements mixers record producer record producer agreements remixer agreements remixers

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Music Technology Policy

NOVEMBER 21, 2011

See also Twenty Questions for New Artists: Record Producer Agreements, Part 1 , Part 2 , Part 3 , Part 4 , Part 5. See also “Artist Management Agreements” on the Semaphore Music blog. 20 more questions for artists 20 questions for new artists producer credits record producer agreements record producer creditsPlease note: This is an installment in a multi-part post.

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Entertainment Litigation Blog

JANUARY 17, 2008

The Directors Guild announced a tentative collective bargaining agreement with the Alliance of Motion Picture and Television Producers (AMPTP). The widely anticipated agreement now increases the pressure on the writers, who are entering the third month of their work stoppage. Whether the writers think the directors' agreement is sufficient remains to be seen.

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Media Law Prof Blog

FEBRUARY 23, 2012

The agreement runs for nearly three From the Hollywood Reporter: AFTRA members have overwhelmingly okayed a contract with the four major networks that covers daytime programming, unscripted (reality) shows, and late night tv. Among the provisions--a two percent wage increase.

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Music Technology Policy

JANUARY 13, 2012

See also More Questions for Artists: Record Producer Agreements, Part 1 , Part 2 , Part 3 , Part 4 , Part 5. A post with all the current parts in one post is available here , and see also “Artist Management Agreements” on the Semaphore Music blog. 20 more questions for artists 20 questions for new artists producer credits record producer agreements record producer creditsPlease note: This is an installment in a multi-part post.

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New Media and Technology Law

JULY 23, 2015

Last week, the Southern District of New York followed a long line of precedent under New York law and upheld the enforceability of a website clickwrap agreement, granting a website operator’s motion to compel arbitration pursuant to a clause contained in the agreement. In Whitt , the defendant filed a motion to dismiss the plaintiff’s lawsuit and compel arbitration pursuant to the terms of a website clickwrap agreement. the borrower registration agreement.”

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Music Technology Policy

FEBRUARY 1, 2013

Obviously, this is not meant as legal advice and you should confirm with your own lawyers how this language might affect your rights under the particular agreement, but it should be a good starting place for any show agreement that is based on the American Federation of Musicians “One Nighter” agreement or the equivalent. This language could be included in a watermark on any pdf version of a show agreement, or placed in the artist’s rider.

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Media Law Prof Blog

SEPTEMBER 3, 2013

CBS and Time Warner have announced an agreement that ends the one month blackout for cable subscribers hungry for such hot shows as "Big Bang Theory," "Under the Dome," and "How I Met Your Mother," as well as CBS Sports

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Music Technology Policy

SEPTEMBER 13, 2014

Originally posted on MUSIC • TECHNOLOGY • POLICY : Commission Rate : 15% or 20% of Commission Base. Commission Base : Artists will want to make the “Commission Base” as close to a net number as possible, the managers will want to have it be some form of modified gross. For tour income, the typical deductions would be for the cost of sound and lights, opening acts or musicians, some tour personnel, promoter commissions, sometimes booking agency commissions.

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Media Law Prof Blog

JANUARY 16, 2009

Fox and Warners Brothers seem to have reached an agreement over their dispute regarding the rights to the big budget film Watchmen and will ask Judge Gary Feess to look it over and dismiss pending litigation. Fox had gotten a

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THR, Esq. Entertainment & Media Law Blog

OCTOBER 18, 2016

The Ryan Kavanaugh studio asserts Netflix tried to drive it out of business, and the complaint confirms that Relativity is now up for sale. read more. THR, Esq. The Business Movies Television Tech Business THR Online

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JetLawBlog

JANUARY 26, 2010

Conan’s refusal to move touched off to two weeks of continuous PR headaches for the network, and ultimately cost NBC more than $40 million in an exit agreement signed last week with Conan.

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THR, Esq. Entertainment & Media Law Blog

SEPTEMBER 29, 2016

19 Recordings alleges that "American Idol" stars have been cheated of streaming revenue. read more. THR, Esq. Music Music Tech Business THR Online

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Broadcast Law Blog

AUGUST 28, 2018

A somewhat less obvious date is the deadline for filing TV shared services agreements. In its 2017 order reconsidering the FCC’s decision in its last Quadrennial Review of the ownership rules , the FCC decided to retain the previously announced requirement that TV stations file shared services agreements with the FCC. We wrote about that obligation here , addressing the broad definition that the FCC gave to a shared services agreement.

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