Collaboration Agreement E-book available

Gordon P. Firemark

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.

Production Services Agreements

Gordon P. Firemark

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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Work-Outs of Technology and Services Agreements Challenged by COVID-19

New Media and Technology Law

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.

Publication Agreements

Media Law Prof Blog

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.

Option vs. Shopping Agreements: How to secure your position with your next project.

Gordon P. Firemark

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.

Another 20 Questions: Manager Agreements

Music Technology Policy

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.

Why most “work made for hire” agreements in theatre don’t work.

Gordon P. Firemark

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.

Google Sued for Allegedly Breaching "Googles" Agreement

THR, Esq. Entertainment & Media Law Blog

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

Another 20 Questions: Manager Agreements

Music Technology Policy

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.

Producer beware: “Work Made For Hire” agreement creates a “statutory employee” relationship.

Gordon P. Firemark

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.

Comcast, Discovery Renew Distribution Agreement

Media Law Prof Blog

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

Another 20 Questions: Manager Agreements

Music Technology Policy

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.

Event: Composer and Music Licensing Agreements for Film, TV, & New Media

Gordon P. Firemark

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.

Attention @USTradeRep: Songwriters and Publishers Call on Canadian Parliament to Ratify the Canada-U.S.-Mexico Agreement to Close Copyright Loophole

Music Technology Policy

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.

Stopping Google’s End Run: No Safe Harbor Privilege in Trade Agreements

Music Technology Policy

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.

SAG, Studios Reach Agreement on Basic Cable and Animation

Digital Media Law

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

Digital Currency App’s Electronic User Agreement Held Enforceable

New Media and Technology Law

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.

20 Questions for New Artists Part 4: Band Administrator, Split Sheets and Co-Writer Agreements

Music Technology Policy

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.

WGA and Producers Reach Agreement

Media Law Prof Blog

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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Artist Management Agreements

Music Technology Policy

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. .

Twenty More Questions for Artists: Record producer agreements, Part 1

Music Technology Policy

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.

Elimination of Requirement for Broadcasters to File Contracts and Agreements with the FCC Becomes Effective

Broadcast Law Blog

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.

Another 20 Questions: Manager Agreements

Music Technology Policy

Tags: artist education 20 questions for new artists managment agreements

Browsewrap Agreement Held Unenforceable – Website Designers Take Note!

New Media and Technology Law

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. ,

Elimination of Requirement for Broadcasters to File Contracts and Agreements with the FCC Becomes Effective

Broadcast Law Blog

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.

Twenty More Questions for Artists: Record producer agreements, Part 1

Music Technology Policy

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.

More Questions for Artists: Record Producer Agreements, Part 6: Subsequent Producer or Mixer Royalties

Music Technology Policy

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.

Yuvaraj and Giblin on Whether Contracts Are Enough: An Empirical Study of Author Rights in Australian Publishing Agreements @rgibli @MelbLawSchool @MonashLawSchool

Media Law Prof Blog

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?

Twenty More Questions for Artists: Record producer agreements, Part 1

Music Technology Policy

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.

More Questions for Artists: Record Producer Agreements, Part 6: Subsequent Producer or Mixer Royalties

Music Technology Policy

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

More Questions for Artists: Record Producer Agreements, Part 8: Credits

Music Technology Policy

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.

DIRECTORS REACH AGREEMENT WITH PRODUCERS ASSOCIATION

Entertainment Litigation Blog

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.

AFTRA Members Okay Agreement With Networks

Media Law Prof Blog

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.

AFTRA 50

More Questions for Artists: Record Producer Agreements, Part 8: Credits

Music Technology Policy

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.

Clickwrap Agreement Available Only Through Hyperlink Enforceable Under New York Law

New Media and Technology Law

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.”

Suggested Brand Supported Piracy Prohibition Rider for Touring Agreements

Music Technology Policy

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.

CBS and Time Warner Come To Agreement Over Retransmission Fees

Media Law Prof Blog

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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Another 20 Questions: Artist Manager Agreements

Music Technology Policy

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.

"Watchmen" Agreement Reached

Media Law Prof Blog

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

Relativity's $1.5 Billion Lawsuit Offers Rare Peek at Netflix License Agreement

THR, Esq. Entertainment & Media Law Blog

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

Can Conan Abide by His Exit Agreement?

JetLawBlog

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.

Judge Finds Sony-Spotify Agreement to Be Ambiguous in Big Royalties Lawsuit

THR, Esq. Entertainment & Media Law Blog

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

More September Regulatory Dates – Effective Date of New Application Fees, Filing Deadline for TV Shared Services Agreements, Lowest Unit Rate For September Election and Reminder on Repacking Requirements

Broadcast Law Blog

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.