What actually IS a podcast network, anyway?

Gordon P. Firemark

The network will also require that the content creators indemnify against any problems that may arise. This week, I've been head-down on a couple of projects for start-up podcast networks. Every network is a little bit different, but they all have a few common hallmarks.

Actor Liability for Content – Entertainment Law Asked & Answered

Gordon P. Firemark

But really, the best scenario is that you use a written contract with the client specifying that the client has all necessary rights to the material, and indemnifies you against any claims or damages resulting from their failure to have all those necessary rights. Indemnify means, basically, that that the person, the indemnitor, will hold you, the indemnitee, harmless against any claims and liabilities. AUDIO: TRANSCRIPT: [link].

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Does an indemnification clause really protect you?

Gordon P. Firemark

Sure, he swore up and down (at first) that he owned it, and promised to indemnify the show. Writer agrees to indemnify and hold the producer harmless against any claims. Carrying your own insurance is also wise, since most well-crafted contracts will include indemnification provisions that are reciprocal, with each party indemnifying the other. So, your insurance will back you YOUR promise to indemnify the other party. Does an Indemnification Clause really protect you?

'Nash Bridges' Legal Losers Sue to Recoup Millions Paid to Don Johnson

THR, Esq. Entertainment & Media Law Blog

Rysher Entertainment, Mark Cuban''s 2929 Entertainment and Qualia Capital claim that Cox Media Group agreed to indemnify them for more than $44 million in losses stemming from Johnson''s recent legal victory over profits from the hit CBS series. read more. THR, Esq. Television Don Johnson

Is your indemnification clause worth the paper it’s printed on?

Gordon P. Firemark

The obvious question is: “What good is having an indemnification clause, if the person who's supposed to indemnify me can't afford to do so?” That is, the parties should indemnify each other against problems that arise from their own errors, omissions, or wrongdoing. Like the Representations and Warranties clauses, almost every entertainment industry contract contains an indemnification clause.

Production Services Agreements

Gordon P. Firemark

The contract will require the production company to carry appropriate insurance and to name the financier as additional insured, as well as to indemnify the financier for any claims or losses arising from the production company’s errors or ommissions. The Financier will typically also be required to indemnify the production company for any claims relating to the underlying rights and screenplay.

Warranties and Representations – What these contract clauses really mean.

Gordon P. Firemark

Typically, when there's a breach of warranties, the breaching party is required to Indemnify the non-breaching party. If you're like most of the entertainment industry folks I come into contact with, you've signed a few contracts in your day.

Lex Machina Extends Its Analytics To Insurance Litigation

Media Law

Among the 50 new insurance-related case tags: Forty-two new findings, including: Duty to Defend, Duty to Indemnify, Bad Faith, Insurer Negligence, Policy Exclusion, Failure to Pay Premium, Insured Fraud, Unjust Enrichment, and Estoppel/ Waiver. The legal analytics platform Lex Machina , which is owned by LexisNexis, has been steadily expanding its coverage into new practice areas, and today has added insurance litigation.

Asked & Answered: Real Events reported in the media. What rights do I need?

Gordon P. Firemark

Since you’re planning to use the events you read about as a mere jumping off point, you MIGHT get away without clearing the rights, but ultimately, you will have to indemnify the buyer/producer of any film based on your script against claims brought by those you’ve depicted…You’ll also have to disclose the fact that your story is (however loosely) based on real people when you make the sale of your script… So, you may as well secure their cooperation early.

And Speaking of Black Box…ISP Licensing is the Original Black Box

Music Technology Policy

And note—the word “indemnify” does not appear in Choruss’s pitch materials. If the Choruss legal theory is such a great idea, why doesn’t Choruss indemnify the universities and students from any claims? With all the discussion on “black box”, I’m reminded of the original black box–ISP licensing. Every now and then we see the resurgence of “voluntary collective licensing” or what I call ISP licensing.

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Opinion | Limiting police officers’ qualified immunity isn’t the only change needed to achieve real police reform - The Washington Post

Communications And Entertainment Law Blog

Officers may be judgment-proof, or juries may award lower damages against an individual officer than against a municipal defendant, not realizing that officers are nearly always indemnified by the local government they work for. Opinion: Limiting police officers’ qualified immunity isn’t the only change needed to achieve real police reform Sen. Cory Booker (D-N.J.), Tim Scott (R-S.C.) and Rep. Karen Bass (D-Calif.) after a meeting on policing reform on April 29.

Kristi Noem's immigration policy: Send privately-funded national guard troops to Texas.

Communications And Entertainment Law Blog

If South Dakota National Guard troops end up liable for property damage or other misconduct, will the state indemnify them? Kristi Noem's immigration policy: Send privately-funded national guard troops to Texas. June 30, 2021 "A lot of heads turned at South Dakota Gov.

Google Shills and Pandora’s MIC Coalition Want DOJ to Appeal BMI Ruling–Soviet Style

Music Technology Policy

Someone must have been telling lies about Josef K., he knew he had done nothing wrong but, one morning, he was arrested….”And And why am I under arrest?” he then asked. That’s something we’re not allowed to tell you. Go into your room and wait there. Proceedings are underway and you’ll learn about everything all in good time….”. From The Trial , by Franz Kafka. Right on cue, one Google Shill after another is floating the idea that the U.S.

The MTP Interview: Alan Graham’s Artist’s Guide to Blockchain, Open Music Initiative, Smart Contracts and Dark Social (Part 2)

Music Technology Policy

Efficient, requires fewer computing cycles, indemnifies developers, and creates an automated license between the rights owner and rights user. This post is Part 2 of the MTP Interview with Alan Graham. Read Part 1 here. Chris Castle: How are licensing payments fulfilled using blockchain? Alan Graham : Hard to say exactly without examining an actual business model, but for the sake of argument, currently the mechanism for this would require the use of a crypto currency.

Patent Claims Against Your Radio Station Operations? - Don't Ignore Them!

Broadcast Law Blog

Your vendors should warrant to you that their system does not infringe any patents, and that if any claim is made, the vendor will defend you against claims that are made and indemnify you for any losses that you suffer as a result of a claim against your use of their service. Have you received a claim that some system that your station is using, such as the system for digital storage of your music library, is infringing a patent ? Don’t ignore it!

More Questions for Artists: Record Producer Agreements, Part 12: “Must Have” Indemnity Terms: The Four Horsemen of the Apocalypse

Music Technology Policy

An indemnifying party not only picks up the tab for the actual settlement that is due to something they did, they also—should—pick up the rolling costs of your defense. Please note: This is an installment in a multi-part post. Each post has information relevant to prior posts, so until we get to the “Final” there will be more information to come. See also More Questions for Artists: Record Producer Agreements, Part 1 , Part 2 , Part 3 , Part 4 , Part 5.

When Pigs Fly: The TikTok Fire Sale Belly Flop

Music Technology Policy

Not only will Microsoft assume no liabilities, Microsoft will probably require Bytedance to indemnify Microsoft. You may have heard that the massive copyright infringer TikTok is going to be sold. I seriously doubt that’s what’s going on at all.

Self Defense Checklist

Entertainment Law Resources Blog

INDEMNITY: The filmmaker should be indemnified (reimbursed) for any losses incurred as a result of the distributor’s breach of contract, and for any liability arising from material added to the script/film by the distributor. Here is a summary of some of the most important ways film¬makers can protect their interests: 1. OBTAIN ALL PROMISES IN WRITING. Don’t accept oral assurances from a producer or studio executive.

DISTRIBUTION 101 – Foreign Sales Agents

Entertainment Law Resources Blog

INDEMNITY: Filmmaker should be indemnified (receive reimbursement) for any losses incurred by filmmaker as a result of the sales agent's breach of the terms of the agreement, violation of third party rights, and for any unauthorized changes or additions made to the film. With the start of the Festival De Cannes and accompanying Marche Du Film, one is reminded that film is both an art form and a business.

Self Defense Checklist

Entertainment Law Resources Blog

INDEMNITY: The filmmaker should be indemnified (reimbursed) for any losses incurred as a result of the distributor’s breach of contract, and for any liability arising from material added to the script/film by the distributor. Here is a summary of some of the most important ways film¬makers can protect their interests: 1. OBTAIN ALL PROMISES IN WRITING. Don’t accept oral assurances from a producer or studio executive.

Too Big to Fix Part 1: YouTube’s Thimblerig, or What’s Inside Your Black Box Today Mr. Schmidt?

Music Technology Policy

In a classic example of the abuse of monopoly power, Google once again has demonstrated its “catch me if you can” corporate mantra with its highly subsidized YouTube video search platform. This time it is with the accounting system for songwriters whose songs are used in YouTube videos.

Superpowers In River City: Anti-Artist Activist Brewster Kahle’s Revealing “National Emergency Library,” the Faux Triumph of Privilege

Music Technology Policy

If state libraries are indemnifying the Internet Archive, that indemnity may well be impermissible under their respective state laws–and that’s something that ought to interest attorneys general, as would the converse failure to obtain indemnity. [This post first appeared on ArtistRightsWatch].

McConnell blocks Senate Democrats’ initial attempt to approve $2,000 stimulus checks amid growing pressure on GOP leader to act

Communications And Entertainment Law Blog

Section 230” is a reference to a 1996 federal law that broadly indemnifies tech platforms such as Facebook, Twitter and Google for the actions of their users. McConnell blocks Senate Democrats’ initial attempt to approve $2,000 stimulus checks amid growing pressure on GOP leader to act Tony Romm "Senate Majority Leader Mitch McConnell (R-Ky.) walks to his office at the U.S. Capitol in Washington, on Monday, Dec. Oliver Contreras/Bloomberg) Senate Majority Leader Mitch McConnell (Ky.)