Reviews: Three Epic Entertainment Industry Podcasts

Make sure to bookmark Gordon's site, to stay abreast of the latest industry news

Entering the entertainment industry can be a daunting prospect, if one isn't prepared legally. So finding a fantastic podcast site and blog about the legal aspects of the entertainment industry is like having a mentor and storyteller available all the time. The site is called Entertainment Law Update Podcast, run by Gordon P. Firemark, Esq. Gordon eloquently reviews in layman's terms (and a pleasant voice) various cases that have been brought in the industry. Through his reviews and guest interviews, the legal jungle is a bit more demystified. Furthermore, on his site he leaves links to each of the cases he talks about, for further reviewing. I will briefly review three of his excellent podcasts in this post.

Podcast Review: Episode 33- Cease and Desist, but nicely
This podcast is over an hour long, but packed with fantastic information about trademark disputes, and story concept disputes. The case that stood out to me the most that is directly applicable to my own business plan was the case called Forest Park Pictures, et al v. Universal Television Network, Inc. This case captured quite a bit of attention because it involved actor Hayden Christensen, who had pitched a show idea to Universal in 2005, with an implied contract that there would be compensation if the idea were ever to be used. Less than 4 years later, the USA Network (owned by Universal) came out with a nearly identical series called Royal Pains, which did not credit nor compensate Christensen or Forest Park Pictures for the using idea.

This case is especially important for storytellers who wish to get their screenplays produced. Often studios want to see a screenplay treatment first. The screenplay treatment is copyrightable. Therefore it is important to take that step to protect the work, which will in turn, protect the story idea. Forest Park Pictures essentially won the case, because the screenplay treatment is protected and therefore the court ruled that they can move forward with their pursuit for compensation from the implied contract with Universal. At Foxy Cole Productions, all stories must be verified as being protected by copyright and more than just an "idea." Ideas are not generally protected. Forest Park Pictures did it legally right from the beginning.

The entire episode podcast "360 deals, rights of publicity, and more" can be found here.

Podcast Review: Episode 29- 360 deals, rights of publicity, and more
Another meaty and enjoyable podcast with Gordon involves the interesting concept of 360 degree deals and various rights to publicity. Especially interesting was the discussion of the artists (music) who are filing lawsuits to claim royalties to the digital aspect of their music (uploads). Numerous famous musicians are filing class action lawsuits regarding sales versus license royalties. The digital download issue is a huge one for all artists including musicians and filmmakers. All storytellers who use a digital media (which is the norm now) must become very clear about how royalties are distributed. At first Foxy Cole Productions will primarily produce short video "trailers" for individuals to use to promote their screenplays or novels. Eventually Foxy Cole Productions will expand into unique short digital movies and possibly feature length digital movies that will be available for purchase by a large continual audience. Therefore, an awareness of digital sales and licensing royalties is mandatory.

Picture courtesy SportsIllustrated.com. The entire episode podcast "Terminations, Taxes, and Takedowns" cane be found here.

Podcast Review: Episode 031- Terminations, Taxes, and Takedowns

The third podcast involves takedown orders and tax credits. In particular they mention how Rep. Howard Berman is seeking more tax credits to filmmakers who film at least 75% or more in the United States. This issue goes beyond individual state credits to lure filmmakers out of Hollywood. The tax credit is a federal one, on top of individual state credits that give more incentives to film in the U.S. This is potentially exciting news for new and emerging filmmakers like Foxy Cole Productions, who are based out of the U.S. 

Now is an exciting time to be a storyteller. With the rush of new technologies, the digital revolution, and possible federal as well as more state incentives, filmmakers have a wide open road to explore like never before. However, it is important to always stay ahead of the legal curve, and ensure all rights are protected. 

With sites like Gordon Firemark's, a smart person can stay aware of what is happening in the entertainment industry, and how to protect his or her business, right out of the gate. It also may be worth it to always have counsel on retainer, to advise every step of the way.