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Entertainment Law 101  

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This basic level seminar is designed for attorneys who are looking to expand their general knowledge of entertainment law.


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Seminar Summary:

Gain an inside look into the complicated and mostly hidden music industry. (see full course description)


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Training Course Syllabus:

Copyrights and Music and Film, Oh My!  

Are you interested in how the music and film industries operate?  Do you wish you had a more thorough understanding of copyright law and how it impacts intellectual property issues in film or publishing?  Does the price of a movie ticket leave you wondering how profits are earned and divided? And how does a song go from a writer's creation to a digital product on sale for $.99? Get answers to these questions and more at this fast-paced seminar that looks at the inside workings of the entertainment industry. Register today!

  • Gain an inside look into the complicated and mostly hidden music industry.
  • Understand how a film goes from production to market and ultimately becomes a box-office hit or flop.
  • Know the specific contracts and agreements that must be signed to prevent litigation and copyright infringement claims.
  • Review the basics of copyright law and its application to the entertainment industry, which has some of the most complex uses and requirements.
  • Confidently draft or review literary acquisition agreements so rights are accurately purchased and sold in the best interest of all parties.
  • Understand what provisions in acting contracts are most important and difficult to negotiate, and agree upon.
  • Walk through a sample film financing transaction and understand the fund raising requirements under the Securities Exchange Commission.
  • Recognize the types of claims entertainment insurance can cover and understand how and why it's so complicated to obtain insurance that protects entertainment-related projects.
  • Learn from colleagues and experienced faculty during the Q&A discussion while asking and listening to questions and concerns.

  1. Film Industry Basics
    9:00 - 10:00, Kelly L. Frey
    1. Theatrical Market
    2. Secondary Markets
      1. Non-Theatrical
      2. Pay-Per-View
      3. Home Video
      4. Pay Television
      5. Free Television
    3. Ancillary Markets and Allied Rights
      1. Merchandising
      2. Publishing: “Novelizations” and Screenplays
      3. Music: Soundtracks and Albums
  2. Music Industry Basics
    10:00 - 11:00, Amy J. Everhart
    1. Copyrights: Sound Recording and Musical Composition
    2. Recording Music
      1. Creating
        1. Producer and Artist Agreements (royalties and advances)
        2. Compulsory Mechanical Licenses
        3. Mixer/Engineer Agreements
      2. Using
        1. Records and Downloads
        2. Promotional Videos
        3. Master Use Licenses
    3. Music Publishing
        1. Creating
          1. Composer/Songwriter Agreements
          2. Foreign Sub-publishing, Co-publishing and Administration Deals
        2. Using
          1. Mechanical Royalties
          2. Controlled Composition Clauses
          3. Digital Downloads
          4. Public-Performance Royalties
          5. Sync Licenses
    4. 360 Deals
        1. Recording Services, Term, Commitment, Procedure, Costs
        2. Grant of Rights
        3. Advances/Royalties
        4. Name/Website/Logo
        5. Touring and Marketing
        6. Merchandising
  3. Copyright Law Considerations
    11:15 - 12:00, Amy J. Everhart
    1. 1909 Copyright Act
    2. Copyright Term Extension Act
    3. Work Made for Hire vs. Copyright Assignments
      1. Withheld, Reverted or Reserved Rights
        1. Certain Territories?
        2. Certain Media?
        3. Separated Rights?
    4. When was the Underlying Literary Property Written and Published?
    5. Who is the Author
    6. When did the Author Die?
    7. When was the Grant Made?
  4. Literary Purchase Agreement Provisions
    1:00 - 1:45, Norman B. Gillis
    1. Purchase Price
    2. Theatrical Release Bonus
    3. Net Proceeds
    4. Passive Payment (including: prequels, sequels, remakes, and television series)
    5. Granted Rights
    6. Reserved Rights
    7. Turnaround/Reversion
    8. Joint Controls/Approvals
    9. Use of Names, Likenesses, etc.
    10. Assignment
    11. No Obligation to Proceed
    12. Warranties, Indemnifications, Remedies, Release
  5. Acting Agreement Provisions
    1:45 - 2:30, Kelly L. Frey
    1. Money
      1. Fixed Compensation
      2. Overage
      3. Contingent Compensation
    2. Credit: On Screen and Paid Advertising
    3. Approvals and Controls
      1. Actor Approval of Script or Co-Star
      2. Specific Uses of Names or Likeness
      3. Financing or Distribution
    4. Promotional and Publicity
      1. Premieres
      2. Press Junkets
      3. Talk Shows
      4. Interviews
    5. No Obligation to Use, Re-Use
    6. Endorsement Restrictions
    7. Work Limits
    8. Union/Guild Concerns
    9. Dispute Resolution Tactics
  6. Legal Compliance in Fund Raising and Securities Law
    2:45 - 3:15, Kelly L. Frey
    1. Limited Offering Memorandum
    2. Walk Through of Sample Financing Transaction
    3. Tax Incentives
  7. Insurability of Entertainment Risks
    3:15 - 4:00, Norman B. Gillis
    1. Errors and Omissions
    2. Cast Insurance
    3. Production Package
    4. Completion Bond
    5. General Liability Advertising Injury
  8. Q&A Discussion
    4:00 - 4:30, All Faculty

Seminar Summary:

Gain an inside look into the complicated and mostly hidden music industry. (see full course description)

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