How to protect a concept for a film when making an oral pitch?

Gordon P. Firemark

In this video, Entertainment Lawyer Gordon Firemark answers a question about how to protect a concept for a film when making an oral pitch. link].

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How Do We Know Driverless Cars Are Safe? Google Says ‘Trust Us’

Digital Media Law

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Trending Sources

Phoning It In


Phoning it in but expecting exceptional results is one of the most nefarious forms of self-deception. — Peter Kaufman (@Dealfatigue) October 21, 2014. Mind you, sometimes good is good enough but if you're not already conscientious, then you're likely getting in your own way. Often.

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The Legal Satyricon

You remember that episode, where Michael Scott declares bankruptcy? Keep that in mind for this lesson, kids. This happens to all of us, from time to time. A lawyer sends you a letter with some threatening language on it that he thinks accomplishes his goal of making it “confidential.”

We Got Trouble My Friends, Right Here in Music City: The Spotify Meltdown Tour Continues

Music Technology Policy

The Spotify “artist relations” team continued their swing West last night with a stop in Nashville at City Winery where a songwriter can grab a burger and a glass of red for a mere 350,000 plays–including tip!

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Los Angeles Clippers Sold to Steve Ballmer for $2 Billion

THR, Esq. Entertainment & Media Law Blog

The sale follows a court decision that Donald Sterling could not block the deal his wife set with Ballmer read more. The Business Culture THR Online THR, Esq. Business Donald Sterling

French Law and the Limits of Free Expression On Twitter

Media Law Prof Blog

Francois Delerue, European University Institute, has published The French Twitter Case: A Difficult Equilibrium between Freedom of Expression and its Limits at 10 Digital Evidence and Electronic Signature Law Review 193. Here is the abstract. The French Twitter case (Tribunal

More Trending

Venom v. Venom in the Trademark World

Current Trends

NIKE, Inc. might end up in a choke hold in its trademark infringement battle against mixed martial arts clothing brand VENOM. NIKE has used the trademark VENOM for athletic equipment and apparel since 2002. And, NIKE has a U.S. trademark registration issued in 2003 for softball bats.

May A Producer Of Adult Content Sue Users Who Jointly Download Using BitTorrent?

Film and Television Law Blog

There have been a number of cases in which federal courts have been addressing the issue of peer to peer downloads of adult content. Most of the cases allege copyright infringement on a joint basis, i.e., that all the defendants who downloaded the content should be considered joint defendants.

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How to make sure your production doesn’t get shut down.

Gordon P. Firemark

How to make sure your production doesn't get shut down. In the past few months, the news has carried several stories about plays and musicals being “shut down” by authors. In this post, I'll explain why, and also how savvy producers can avoid a similar fate for their productions.

Just. Don’t. Do it.

Gordon P. Firemark

No shooting until EVERY member of your cast and crew has signed a contract. Seriously. Last week, the 9th Circuit Court of Appeals issued a startling ruling in a case involving an independent film.

Review: NudeAudio Super-M and aiia SSSSSpeaker on Kickstarter

Digital Media Law

Two new Bluetooth speakers offer a great reason to jet on over to Kickstarter. The NudeAudio Super-M ($99, campaign ending on July 15) offers great sound in a package thin enough to slip in a back jeans pocket.

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More With Less


More With Less. Closing binder for $3 million film financing (left). Closing binder for $25 million VC startup financing (right). Independent Film Internet Negotiations Start-ups Startups The Culture Venture Capital

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I am Sarkeesian

The Legal Satyricon

I don’t imagine that I would agree with much Anita Sarkeesian has to say. I admit that don’t know much of what she has to say, because I don’t give a s**t. The Guardian describes her as “best known for her YouTube series ‘Tropes v Women in Video Games’, assessing various anti-feminist trends in gaming.” ” […].

Hold On, I’m Coming: Reactions to the Turtles/Sirius Ruling on Unlicensed Use of Pre-72 Recordings #respectallmusic

Music Technology Policy

Reactions to the Turtles crushing defeat of Sirius are coming in, here are a few : Sam Moore (of Sam & Dave) said it best: Winners never quit and quitters never win.

Sumner Redstone Legal Turmoil: Fighting Women, Lie-Detector Tests, Stolen Laptop With 'Private' Photos

THR, Esq. Entertainment & Media Law Blog

The personal life of the Viacom and CBS executive chairman is probed in litigation between his "jealous" live-in companion and an MTV star who claims her close relationship with Redstone was sabotaged. read more. Sumner Redstone THR, Esq. Television THR Weekly Magazine Viacom

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Fan Fiction and Fair Use

Media Law Prof Blog

Stacey Lantagne, University of Mississippi School of Law, has published Sherlock Holmes and the Case of the Lucrative Fandom: Recognizing the Economic Power of Fanworks and Reimagining Fair Use in Copyright. Here is the abstract. Fan” culture in the guise

LegalZoom Suffers Setback in North Carolina

Media Law

When LegalZoom issued a press release last month announcing that the South Carolina Supreme Court had issued a determination that the company is not engaged in the unauthorized practice of law in that state, the news was widely reported by news media and blogs.

Ambush Marketing – Sochi Olympics 2014

Current Trends

Ambush marketing , the act of a product or service trying to attach itself to a big event without being an official sponsor of the event, is alive and well surrounding the Sochi Olympic Games.

Do internships at profit-making industries need to be paid?

Film and Television Law Blog

Do internships at profit-making industries need to be paid? That question is currently being considered by the United States Court of Appeals for the Second Circuit. The matter is on appeal from the decision of the Federal District Court for the Southern District of New York in Glatt v.

How to find investors for your film or theatre production.

Gordon P. Firemark

How to find investors for your film or theatre production. If you’re producing an independent film or any kind of theatre project, it’s a safe bet that, at some point, you’re going to be asking the question: “Where do I find investors?”

How to get the best deal possible: Negotiation strategies I learned from my 5 five-year-old.

Gordon P. Firemark

Kindergartens must have upped their game. It seems they're teaching negotiating skills. At least, that's what you'd conclude from talking to my five-year-old. He has an uncanny knack for getting what he wants. Here are a few tips I've picked up from observing my kids in the wild.

2030 May Be The Year They’ll Take Your Driver's License Away

Digital Media Law

I was stuck in traffic yesterday, which I didn’t really mind because I have a fun little yellow convertible, and I was thinking about Uber ($17 billion! that’s the company’s valuation, not the price of a ride) and Google’s driverless cars (development cost unknown), and I decided it was time to connect the dots: once a car learns to drive, there’s no need to own it and there’s no need for a driver.

Pride of Ownership


Today's (possible) lunch topic at @filmindependent #FINDForum : you OWN the results of your career/work; both good and bad. — Peter Kaufman (@Dealfatigue) October 25, 2014. Sure, fate and luck play a hand, but come on, you know better. FINDForum. — Peter Kaufman (@Dealfatigue) October 25, 2014. I write this not to add another layer of blame for work gone wrong. Though by all means take all the credit if your work is going well.

How to cite to Walter Sobchak

The Legal Satyricon

If you don’t know what the deal is with prior restraint, here, watch: There. Simple. Right? THE SUPREME COURT HAS ROUNDLY REJECTED PRIOR RESTRAINT! I wish I could just submit that clip to the next judge who even considers granting one. Just hold up a chromebook with that on it, play it, drop it on […]. awesomeness censorship Civil Liberties defamation First Amendment law practice prior restraint

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And don’t forget the songwriters: YouTube is Out of Touch with the Lives of Creators

Music Technology Policy

ELI Luncheon Speaker Robert Kyncl: Where is the love, baby? Photo by Ethan Miller/Getty Images from Guardian).

Michael Keaton Beats Producers' Lawsuit Over His Directorial Debut (Exclusive)

THR, Esq. Entertainment & Media Law Blog

A judge gives Keaton a big victory, noting how hard the actor/director worked to publicize his directorial debut, "The Merry Gentleman" read more. The Business Movies THR Online THR, Esq. Michael Keaton Business

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Google's Procedures To Comply With ECJ's "Right To Be Forgotten" Ruling Moving Along

Media Law Prof Blog

Google is preparing a set of procedures in order to comply with the ECJ''s recent ruling in Google Spain SL and Google Inc. v Agencia Española de Protección de Datos (AEPD) and Mario Costeja González, decided May 13, 2014.

Viruses are More Common at Law Firms than Encryption, ABA Survey Shows

Media Law

Nearly half of law firms were infected with viruses, spyware or malware last year, according to the latest ABA Legal Technology Survey Report. At the same time, only a quarter of law firms had any kind of email encryption available for their lawyers to use, the survey found.

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Kind Sues Cliff For Trade Dress Infringement

Current Trends

Kind, LLC thinks new product packaging from competitor Cliff Bar & Company is an infringement on the KIND brand trade dress shown above. Currently Cliff Bar & Company packages their MOJO bar with a half-moon transparent opening.

Learn copyright law basics from a comic book!?

Gordon P. Firemark

A copyright law comic book? One of my clients just kindly pointed me to a link for a cool little project coming out of Duke University. It's a comic book style presentation of copyright law basics, and it's worth a look.

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How to effectively outsource Business and Legal Affairs work in the Film, Television, Theatre and Media Industries

Gordon P. Firemark

Introduction. This past year, I’ve been very fortunate to be asked by a few small- and mid-sized entertainment businesses to handle some or all of their Business Affairs and Legal Affairs work; Work that traditionally would be handled by in-house counsel, but is noow being outsourced to me.

A few things you probably didn’t know about me.

Gordon P. Firemark

A few things you probably didn't know about me. I don't often reveal too much of my “personal” stuff online. I prefer to keep things “professional” But today, I got an email from a fellow attorney that inspired me to post this. So here goes: 1. I'm a major geek.

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It’s a Play! It’s Live Internet TV! It’s Both, and it Opens in Los Angeles on Friday

Digital Media Law

‘The Noir Series’ harkens back to the days of live TV but presents a thoroughly modern challenge to entertainment unions Bad Medicine,'' a segment from ''The Noir Series,'' features a chain-smoking doctor and two disconcerting nurses. Courtesy Heretick Theatre Lab.

Success After Success


This has been said often but still not often enough. 2day's nugget: "Success brings with it the fear of blowing it. With more to lose, there's more pressure not to lose it" via @ThisIsSethsBlog. — Peter Kaufman (@Dealfatigue) March 9, 2014. Career seth godin success


Mayer Brown, shame on you.

The Legal Satyricon

Every law firm gets confronted (on a pretty regular basis) with the question: “should I put my name on this?“ “ That soul searching comes into play when you wonder, “is this really honorable?” ” You know when it is, and when it isn’t. I’m not talking about representing a client that you know is guilty — […]. culture ethics Sexual Politics ass hat discrimination flunkies bigots political correctness

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Blake Morgan on How Google Alerts Drive Traffic to Pirates and Hurt Indie Artists and Labels

Music Technology Policy

After our post yesterday about how Google drives traffic to pirate sites through Google Alerts (also supported by Facebook and Twitter), I got a chance to speak to Blake Morgan of ECR Music Group. (MTP MTP readers will remember Blake from the #IRespectMusic campaign, still going strong.).

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