Warranties and Representations – What these contract clauses really mean.

Gordon P. Firemark

You see, after the “grant of rights” language in most entertainment deals, the “warranties and representations” section may be the most important part of the contract. To a certain extent, yes, the warranties and representations can be negotiated.

Monday Morning JETLawg

JetLawBlog

After lawsuit filed for breach of warranty, Apple plans to fix iPhone glitch. In the news… Elena Kagan’s record indicates she might be friendly to entertainment cases. Finland becomes first country in the world to make broadband a legal right for every citizen.

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Publication Agreements

Media Law Prof Blog

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? Handling the Unreasonable Publication Agreement. Here is the abstract.

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

Gordon P. Firemark

Like the Representations and Warranties clauses, almost every entertainment industry contract contains an indemnification clause. Few laypersons really understand the concept of indemnification, much less the operation.

Asked & Answered: How to avoid being sued when basing characters on real people

Gordon P. Firemark

When you sell a screenplay, you’re required to make “warranties and representations&# that the work is original and doesn’t infringe anybody’s rights, invade privacy, etc. Q: My current screenwriting project is taken from the old adage to “write what you know&#. As such, it is a story from my perspective, working in a medical office.

Self Defense Checklist

Entertainment Law Resources Blog

WATER DOWN THE WARRANTIES: Warranties are promises. If you make an absolute warranty, you will be liable, even if you made a good-faith mistake and honestly believed that you had secured all the rights. Therefore, it is best to make your warranties “to the best of your knowledge and belief,” rather than making them absolute. Here is a summary of some of the most important ways film¬makers can protect their interests: 1. OBTAIN ALL PROMISES IN WRITING.

JUST PUBLISHED! 2ND EDITION RISKY BUSINESS

Entertainment Law Resources Blog

UPDATED AND REVISED $26.95 CONTENTS FILMMAKER SELF-DEFENSE CHECKLIST 1. ORGANIZING YOUR COMPANY Choice of Business Entity Sole Proprietorship General Partnership Limited Partnership Corporation Limited Liability Company (LLC) 2.

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JUST PUBLISHED! 2ND EDITION RISKY BUSINESS

Entertainment Law Resources Blog

UPDATED AND REVISED $26.95 CONTENTS FILMMAKER SELF-DEFENSE CHECKLIST 1. ORGANIZING YOUR COMPANY Choice of Business Entity Sole Proprietorship General Partnership Limited Partnership Corporation Limited Liability Company (LLC) 2.

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Self Defense Checklist

Entertainment Law Resources Blog

WATER DOWN THE WARRANTIES: Warranties are promises. If you make an absolute warranty, you will be liable, even if you made a good-faith mistake and honestly believed that you had secured all the rights. Therefore, it is best to make your warranties “to the best of your knowledge and belief,” rather than making them absolute. Here is a summary of some of the most important ways film¬makers can protect their interests: 1. OBTAIN ALL PROMISES IN WRITING.

1st Amendment prevails in fantasy league case

Silicon Valley Media Law Blog

The court also confirmed that the "no-challenge" and "no-use" clauses of the prior license agreement were unenforceable, but not on public policy grounds (as the lower court found), but rather on a technical point about breach of warranty of title in the publicity rights by MLB. The 8th Circuit issued an opinion today in the fantasy baseball case, CBC Distribution & Marketing v.

1st Amendment prevails in fantasy league case

Silicon Valley Media Law Blog

The court also confirmed that the "no-challenge" and "no-use" clauses of the prior license agreement were unenforceable, but not on public policy grounds (as the lower court found), but rather on a technical point about breach of warranty of title in the publicity rights by MLB. The 8th Circuit issued an opinion today in the fantasy baseball case, CBC Distribution & Marketing v.

1st Amendment prevails in fantasy league case

Silicon Valley Media Law Blog

The court also confirmed that the "no-challenge" and "no-use" clauses of the prior license agreement were unenforceable, but not on public policy grounds (as the lower court found), but rather on a technical point about breach of warranty of title in the publicity rights by MLB. The 8th Circuit issued an opinion today in the fantasy baseball case, CBC Distribution & Marketing v.

1st Amendment prevails in fantasy league case

Silicon Valley Media Law Blog

The court also confirmed that the "no-challenge" and "no-use" clauses of the prior license agreement were unenforceable, but not on public policy grounds (as the lower court found), but rather on a technical point about breach of warranty of title in the publicity rights by MLB. The 8th Circuit issued an opinion today in the fantasy baseball case, CBC Distribution & Marketing v.

Risky Business at UCLA February 20, 2010

Entertainment Law Resources Blog

Particular attention is paid to how producers and filmmakers can protect their interests by watering down warranties, getting added to the E& O policy, using lab access letter to retain possession of the negative, and utilizing termination and arbitration clauses. Mark will present his "Risky Business: Financing & Distributing Independent Films" seminar at at UCLA on February 20.

Risky Business at UCLA February 20, 2009

Entertainment Law Resources Blog

Particular attention is paid to how producers and filmmakers can protect their interests by watering down warranties, getting added to the E& O policy, using lab access letter to retain possession of the negative, and utilizing termination and arbitration clauses. Mark will present his "Risky Business: Financing & Distributing Independent Films" seminar at at UCLA on February 20.

iPhone “Jailbreaking” is Fair Use

JetLawBlog

Apple has been quick to point out that legal or not, jailbreaking voids the warranty on the iPhone. Every three years, the U.S. Copyright Office reviews the Digital Millennium Copyright Act (DMCA), and issues opinions on how it should be interpreted.

Biggest Losers Putting Themselves in Big Danger?

JetLawBlog

As many of us resolve to drop holiday weight, one of my favorite reality shows, The Biggest Loser , begins. As a long time fan of the show, I can say that over the years the challenges have gotten more difficult and the contestants have become more overweight.

DISTRIBUTION 101 – Foreign Sales Agents

Entertainment Law Resources Blog

WARRANTIES: The filmmaker's warranties, in regard to infringement of third party rights, should be to the best of the filmmaker's knowledge and belief, not absolute. 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. The festival will exhibit approximately 22 feature films in competition, another 20 in Un Certain Regard, 6 Out of Competition and 10 in Special Screenings.

California Rules on Ethics of Social Media Postings

Media Law

The statement further violated ethical rules, the panel said, because it includes “guarantees, warranties, or predictions regarding the result of the representation.” Would you consider it ethical for a lawyer to post the following to a social media site such as Facebook: “Another great victory in court today! My client is delighted. Who wants to be next?”

Purchasing Life Story Rights

Entertainment Law Resources Blog

An important part of any depiction agreement is the “Warranties and Representations” clause. A warranty is a promise. The warranties must cover all conceivable situations. Before you decide to purchase the rights to a person’s life story, it is worth considering what you are buying. When you buy the rights to portray someone in film or television, you are buying a bundle of rights.

Purchasing Life Story Rights

Entertainment Law Resources Blog

An important part of any depiction agreement is the “Warranties and Representations” clause. A warranty is a promise. The warranties must cover all conceivable situations. Before you decide to purchase the rights to a person’s life story, it is worth considering what you are buying. When you buy the rights to portray someone in film or television, you are buying a bundle of rights.

Risky Business at UCLA February 21, 2009

Entertainment Law Resources Blog

Particular attention is paid to how producers and filmmakers can protect their interests by watering down warranties, getting added to the E& O policy, using lab access letter to retain possession of the negative, and utilizing termination and arbitration clauses. Mark will once again present his yearly "Risky Business: Financing & Distributing Independent Films" all day seminar at the UCLA campus on February 21, 2009.

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Risky Business at UCLA February 21, 2009

Entertainment Law Resources Blog

Particular attention is paid to how producers and filmmakers can protect their interests by watering down warranties, getting added to the E& O policy, using lab access letter to retain possession of the negative, and utilizing termination and arbitration clauses. Mark will once again present his yearly "Risky Business: Financing & Distributing Independent Films" all day seminar at the UCLA campus on February 21, 2009.

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Entertainment Law Resources Blog - Untitled Article

Entertainment Law Resources Blog

Particular attention will be paid to how producers and filmmakers can protect themselves by: investigating distributors; watering down warranties; adding contract provisions covering performance, termination, and alternative dispute resolution; getting errors and omissions (E&O) insurance; and using lab access letters and schedules of minimums.

Screenwriter Sues Mel Gibson for Fraud

Entertainment Law Resources Blog

Attention is paid to how to protect oneself by modifying warranties, obtaining E&O coverage, using lab access letters to retain control of masters, and utilizing termination clauses. Mel Gibson has been sued for fraud and unjust enrichment by Benedict Fitzgerald, one of the screenwriters for Gibson's "Passion of the Christ."

Screenwriter Sues Mel Gibson for Fraud

Entertainment Law Resources Blog

Attention is paid to how to protect oneself by modifying warranties, obtaining E&O coverage, using lab access letters to retain control of masters, and utilizing termination clauses. Mel Gibson has been sued for fraud and unjust enrichment by Benedict Fitzgerald, one of the screenwriters for Gibson's "Passion of the Christ."

Sixth Circuit Enforces Disclaimers in Consumer Online Clickwrap Terms of Service

New Media and Technology Law

Similarly as to the fraud claim, the court found that Doe could not have justifiably relied on a warning on the site that "all persons within this site are 18+" because the Terms and Conditions disclaimed any warranty based on any statement on the site itself that was not also contained in the Terms and Conditions, and because Doe knew from registering for the site himself that age was indicated by a check box and required no verification by the service. In Doe v.

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Google’s Glass Brick: Permissionless Innovation Begins at Home….NOT!

Music Technology Policy

” If you do that without permission, “Google reserves the right to deactivate the Device, and neither you nor the unauthorized person using the Device will be entitled to any refund, product support, or product warranty.”

UPCOMING UCLA SEMINARS

Entertainment Law Resources Blog

Particular attention is paid to how producers and filmmakers can protect themselves by watering down warranties, getting added to the E & O policy, using lab access letter to retain possession of their negative, and utilizing termination and arbitration clauses. April 17, 2002 UPCOMING UCLA SEMINARS I will be teaching a new UCLA extension class this summer on Financing Independent Features and Negotiationg a Distribution Agreement.

UPCOMING UCLA SEMINARS

Entertainment Law Resources Blog

Particular attention is paid to how producers and filmmakers can protect themselves by watering down warranties, getting added to the E & O policy, using lab access letter to retain possession of their negative, and utilizing termination and arbitration clauses. April 17, 2002 UPCOMING UCLA SEMINARS I will be teaching a new UCLA extension class this summer on Financing Independent Features and Negotiationg a Distribution Agreement.

Register of Copyrights Says "Who Knows?" on Ownership of Computer Program Copies

New Media and Technology Law

Neither does the exemption invalidate contractual provisions that may apply to the use of the device, such as provisions voiding a device warranty in the case of jailbreaking. Who owns the firmware on a smartphone, the device manufacturer or the purchaser? Ownership of copies of computer programs is a thorny issue with which the federal courts have grappled in numerous cases.

Bloggers Beware of Demand Media’s Demand for Ownership

Media Law

Upon request by us, and at your own cost, you will promptly provide us with such documents and agreements as we may require to further evidence and confirm your representations, warranties, and covenants under this Agreement, including material and location releases and assignments. Way back in 2006, I accepted an invitation to enroll this blog in something called the BlogBurst Network. It described itself as “a syndication service that places blogs on top-tier online destinations.&#

NEW YORK VOLUNTEER LAWYERS FOR THE ARTS

Entertainment Law Resources Blog

He will address how producers and filmmakers can protect themselves by watering down warranties, getting added to the E&O policy, using lab access letters to retain possession of the negative, utilizing termination and arbitration clauses. November 4, 2003 In this newsletter: NEW YORK VOLUNTEER LAWYERS FOR THE ARTS On Nov. 8 at the Lower Manhattan Cultural Council, Mark will conduct a comprehensive seminar that explores how independent films are financed and distributed.

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NEW YORK VOLUNTEER LAWYERS FOR THE ARTS

Entertainment Law Resources Blog

He will address how producers and filmmakers can protect themselves by watering down warranties, getting added to the E&O policy, using lab access letters to retain possession of the negative, utilizing termination and arbitration clauses. November 4, 2003 In this newsletter: NEW YORK VOLUNTEER LAWYERS FOR THE ARTS On Nov. 8 at the Lower Manhattan Cultural Council, Mark will conduct a comprehensive seminar that explores how independent films are financed and distributed.

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

Music Technology Policy

SNOCAP relies on the representations and warranties of the first person to Register content in the Database that the claims made by that party with respect to Registered content are true, correct and accurate. 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.

And a straw child shall lead them: Fan Fiction as an Example of Web 2.0 Double Rip Off

Music Technology Policy

Novik’s rep and warranty of originality will mean much?

CONGRATULATIONS TO OUR SUNDANCE FILMMAKERS

Entertainment Law Resources Blog

Particular attention is paid to how producers and filmmakers can protect their interests by watering down warranties, getting added to the E& O policy, using lab access letter to retain possession of the negative, and utilizing termination and arbitration clauses. Congratulations to Producer Ben Odell whose film “Padre Nuestro," a Spanish-language immigrant drama set in New York City was awarded the Dramatic Grand Jury Prize, at the 2007 Sundance Film Festival.

CONGRATULATIONS TO OUR SUNDANCE FILMMAKERS

Entertainment Law Resources Blog

Particular attention is paid to how producers and filmmakers can protect their interests by watering down warranties, getting added to the E& O policy, using lab access letter to retain possession of the negative, and utilizing termination and arbitration clauses. Congratulations to Producer Ben Odell whose film “Padre Nuestro," a Spanish-language immigrant drama set in New York City was awarded the Dramatic Grand Jury Prize, at the 2007 Sundance Film Festival.

Things We Are Running Out of Besides Oil: IP Addresses

New Media and Technology Law

You might want to query your clients on the need for representations and warranties on IPv6 capability in technology transactions. It's a shock to see gasoline routinely priced at over $4 a gallon, the consequence, many think, of ignoring impending scarcity of a limited resource over a long period of time. The same may be true of Internet Protocol addresses (IP addresses), the number strings that identify specific locations on the Internet.

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California Officials Pursuing Noncompliant LLC's

Entertainment Law Resources Blog

Particular attention is paid to how producers and filmmakers can protect themselves by watering down warranties, getting added to the E & O policy, adding performance, termination and arbitration provisions, using lab access letter to retain possession of the negative, and a schedule a minimums.