Sunday, February 12, 2012

Industry Experts



Mark Litwak


Entertainment Attorney Mark Litwak Gives Us A New Look Into Hollywood - Filmnut
Mark Litwak an entertainment lawyer whom works with filmmakers. His practice includes trademark, copyright, contract, multi media law, intellectual property, and book publishing. He assist filmmakers in the marketing and distribution of their film.

Litwak advices that the film industry is a risky business and you must be willing to realize the path you must take to succeed; “there are no rules”. He advice; you must have a good story to tell if you are a filmmaker. If the story is boring, it will not capture the attention of anyone, and it will fail. You must have a creative marketing plan to get your film out. Niche films can be successful, “word of mouth is the best form of marketing”. Social networking is the key to getting the word out about a film; rather it’s a hit or a flop. A filmmaker should always have a lawyer or an adviser before signing a contract, because most distributors are aggressive as Litwak states “ sleazy” and most contracts benefit the distributors and not the filmmaker; you must research their track record from others.

Writers has a hard time to get agents because agents are looking for established writers who can get the sales, according to Litwak it is “very-very hard to get an agent”, he says it better to get a filmmaker to take on your project of turning a book to a movie.

To succeed in the film industry as the writer or the filmmaker, you must be creative and create something that grabs the audience attention, as well as finding an advisor such as an lawyer, agent or someone who will assist you in finding the best resources to get your film distributed.

http://www.youtube.com/watch?v=NryrU1uwqPI


Daniel Friedma

Music Industry Forum -- Daniel Friedman -- Artist Contracts

Daniel Friedman and entertainment lawyer who began working with rap groups, his law firm complained that he was bringing too many rappers to the office; he began expanding and growing. Friedman brought more and more artists in, the law firm told him he needed to drop his clients or leave the practice. Friedman refused and he said, “I’m out of here” he packed up and started his own practice.

Friedman discusses the copyright laws; ‘the copyright holder can reproduce the work, and no one can record, publish or put in movies without copyright holder permission”. According to Friedman, a copyright can create from another work, such as Weird Al Yonkervich, which would be called derivative works. The owner owns the copyright always according to Friedman, when an artist signs a contract with a label, the record company becomes the owner of the copyright except for the underlining composition.

When understanding copyright laws, the artist should seek the assistance or advice of an entertainment lawyer, because it can become puzzling trying to understand when you will need permission from the copyright holder to utilize other people music.

http://www.youtube.com/watch?v=dXtws-zVhzE&feature=related


 
Gordon Firemark

Monkeying around with contracts

Gordon Firemark entertainment lawyer discusses the lawsuit of Caters News agency claimed that they purchased portraits and other images taken by a black macaques (monkey) who took the camera of David Slater, a photographer and shot self-portraits of herself.  Slater licensed the pictures to Caters; the pictures were placed on a website (www.dailymailoline.com).  Caters claims that it was a violation of the copyright law, but the law states that it must be human authorship.  Caters had no claim. 

This case is bizarre because even though Slater didn’t own the copyright for the pictures, he does own original digital files, and he can sell or license the material to others, is this considered underlining composition?




Sunday, February 5, 2012

Industry Liabilities 2


Amazon launched two new services, Cloud Drive and Cloud Player.  According to an article on wired.com the music industry will force licenses on Amazon Cloud player. "Cloud Player is an application that lets customers manage and play their own music”.  The record companies disagree with Amazon regarding the licenses for music, Amazon states that customers are uploading music to the Cloud Player with the original download licenses and no matter how many times the music is uploaded they do not require a new license, record industry disagrees.  Amazon argues that once a customer downloads music to the storage, they will have the ability to re-download as many times; to any device.   Allowing the music to be uploaded as many times as the customer likes once they uploaded it to the Cloud player could become a problem, because people can peer to peer share.



According to an article written by Moses Avalon, the Obama administration is going to make torrent streaming (peer to peer); the sharing of music a felony.  It could mean that anyone who download music from the illegal sites such as Pirate Bay, Utorrent, Bittorrent and Limewire could face up to 20 years prison time.  In the past if a person was caught with Illegal music, they were fined.   According to the article, the Obama administration is recommending to Congress to upgrade its illegal sharing of content; a felony.  This new law will apply to sites and people using promoting and hosting services such as Utorrent, Bittorrent and Limewire.  My opinion is, the law should be in affect, I don’t think it requires a 20 year prison sentence.  Giving a harsher penalty for anyone who breaks this law would alleviate the illegal sharing that is taking revenue from the artist and all the people involved in that artists project.



According to Larry Rother of the New York Times, the copyright law was revised in the mid-1970; the law gives artist the opportunity to regain control of their work.  Kenneth J. Abdo a lawyer who leads termination rights working group, stated that the four major labels, Universal, Sony, EMI, and Warner are not in favor of artist regaining control of their past works, they are not giving up without a fight.  The label contends that they own the masters to the music not the artist, because they were “works for hire”.  The federal district court in New York ruled that the recordings are the property of the record labels.  Recordings can become available as early as Jan 1, 2013.  The record label owns the copyrights to the masters; in my opinion they are entitled to keep control of the work of the artist.