024 Chain of Title – Work For Hire – Copyright And Other Legal Issues for Filmmakers and Actors with L.A. Attorney Gordon Firemark

Summary: The Film Business and the Law. It's in the contract. Or is it? L.A. Attorney Gordon Firemark My guest for episode 24 is Los Angeles based entertainment attorney Gordon Firemark. Gordon represents clients in theater, film, television and new media. I spoke with Gordon on September 20, 2012 and we discussed a host of topics that can impact actors and filmmakers, their projects and their careers. I first encountered Gordon Firemark while listening to Daniel J. Lewis's The Audacity To Podcast where he was discussing legal issues pertinent to podcasters and new media producers. In addition to being an attorney, Gordon Firemark is a self-described audio geek. who produces and co-hosts with attorney, Tamera Bennett, the entertaining and informative Entertainment Law Update Podcast. He is the author of The Podcast, Blog and New Media Producers Legal Survival Guide. Indie filmmakers can get information at this link about Gordon's upcoming Film Finance Bootcamp. You can also find Gordon Firemark at his ENTERTAINMENT LAW ANSWERS YouTube Channel. There you'll find a number of videos in which Gordon responds to real show business related legal questions. The video below is an example: Episode 24 - Included In The Discussion So you're an actor or you want to be an actor, screenwriter, film director or producer. What do you know about your rights and responsibilities concerning rights of privacy, work for hire, copyright and trademark issues. What does any of this legal stuff matter if all you want is to be an actor, to get a job in TV, to have a film career? Actors, you've ripped your scenes from the DVDs of films in which you appear. Is that a copyright infringement or a fair use? What about auditions? Can they be distributed to YouTube or another public video sharing site without the actor's permission? Chain Of Title FILMMAKERS, are you certain you have a clear CHAIN OF TITLE to your project? From Baseline Intelligence: The phrase “chain of title” within the context of the film industry refers to a series of documents or agreements that establish proprietary (ownership) rights in a motion picture and all its parts. It is a collection of all of the documents that relate to the creation of and transfers of title to any property used in the making of the film. Why is it imperative to have CHAIN OF TITLE issues resolved before you seek a distribution deal? How do these issues impact a documentary filmmaker? Actors, can you copyright a performance on stage or in a film or video? Producers, can your actors hold a copyright claim against your film? What about your director, DP, editor or a crew member? That's seems like an almost bizarre notion but it's one that is currently being litigated in Hollywood as part of the infamous INNOCENTS OF MUSLIMS video case in which the Prophet Mohammed is reportedly shown in a unflattering light. According to The Hollywood Reporter and other news outlets, actress Cindy Lee Garcia is asserting copyright claims against the project's producer as well as against YouTube and even individuals who reposted the video on YouTube. What, if any, are the implications for other actors and filmmakers? Copy right Laws How do you get a copyright on a work you've created? How does a copyright differ from a Trademark? Is it necessary to have a registered copyright? A registered trademark? Indie producer-filmmaker, your budget is so low you can't afford to hire a lawyer to draft contracts so you're working solely on handshake deals. Or maybe you've done what you can by using forms from a web site or a book. But is your project safe from claims by an associate, an actor, an editor or other crew person that THEY have certain rights to the project? Rights you didn't intend or don't believe you've granted? Did you have everyone working on the film sign a contract or a deal memo?