Copyright Licensing Attorney / Photo Credit: China IP Law Firm
COPYRIGHT/LICENSING ATTORNEY IN MOTION PICTURE
PRODUCTION… (In the Entertainment industry. Copyright/Licensing Attorney)
Bruce
Bisbey…please follow me at: https://dumbdogproductionsllc.blogspot.com or https://www.facebook.com/DumbDogProductionsLLC/ thank you.
Copyright/Licensing Attorney in Motion Picture Production
Before a film hits theaters or a television show airs, attorneys
must work out numerous contract stipulations that govern a company’s rights to
exploit a creative property. In today’s increasingly connected technological
landscape, attorneys face greater challenges in determining and anticipating
all possible uses of a copyright license, wading into uncertain waters of
social media, free streaming content, and paid on-demand distribution.
Duties
Attorneys working in the entertainment fields of film and
television may serve many masters with competing but similar interests; small
production companies, major studios, distributors, networks, and numerous other
players each depend on copyright/licensing attorneys to protect their ability
to profit from licensed creative properties. Attorneys are responsible for
negotiating the licensing terms on behalf of their clients or employers,
drafting contracts, and defending that license when a challenge arises.
Related to obtaining a copyright license, there are
numerous considerations that the attorney or legal department must address. One
of these is researching the origins of the license to ensure that the seller
legally owns the copyright, without dispute. It is not unheard of for a company
to license a property only to face a lawsuit from a third party claiming to own
the copyright. Similarly, in the case of a film or television series, attorneys
representing the licensee must perform research to ensure that all necessary
clearances have been made for any copyright protected material that appears
within the movie or show. For example, songs included in the soundtrack, brand
logos that are visible in a scene, and even tattoos on Ed Helms’ face.
In addition to research concerning the ownership of a
creative property and the necessary clearances, attorneys on both sides of the
negotiating table face challenges in determining the scope of the license
agreement. Depending on the licensee’s intentions with the property, like
theatrical release or network syndication, the specifics of the agreement will
vary widely. However, it is becoming common and necessary to consider uses like
creating branded social media pages, releasing YouTube content, streaming aired
television shows online, or offering video on demand. As this is new legal
territory for many attorneys and content producers, the negotiations can be
especially complicated. There are recent examples of disputes related to
explicit and implied consent in a license, the outcomes of which are continuing
to pave new roads within the industry. Copyright/licensing attorneys play a
vital role in determining the future of film and television.
Skills & Education
An attorney working specifically in the fields of film and
television is well served to specialize in communication law, including a
concentration on copyright law and contracts. A specific bachelor’s degree is
not a requirement for most law schools, but undergraduates should pursue a
major that is relevant to their career aspirations. More important during an
undergraduate education is developing analytical and critical thinking skills,
as well as training your information retention abilities. Many law programs
look favorably on applicants with a degree in English, communication,
entertainment business, or other area that requires the demonstration of strong
written and verbal communication skills with a particular concentration on the
student’s ability to form compelling arguments backed by research and evidence.
What to Expect
In general, a career in law can be stressful. In the
entertainment industry, copyright agreements and contract negotiations carry
hefty price tags and, therefore, significant pressure. This is not the career
for the timid or those who prefer to avoid confrontation. Working in the
entertainment industry also carries with it the inevitability of dealing with
egos. On the job, an attorney must be a fierce advocate for their client or
employer but also delicate and diplomatic in negotiating with third parties,
like unions, producers, distributors, and studios. The industry is a tight
group, and a deal gone bad or sour negotiation can endanger future
relationships, thereby inhibiting the attorney’s effectiveness as an advocate.
Like any other career field in entertainment, outsiders
have a difficult time breaking in. A recent graduate should expect to spend as
long as three years networking and taking entry-level positions in legal
departments before gaining enough experience and credibility to move up within
their field. Employment opportunities are available for attorneys working as
full-time staff for a production studio, distributor, television network, or
similar company. Additionally, attorneys have the option of entering a private
practice that caters to entertainment industry clients on a contract basis.
Sources,
References & Credits: Google, Wikipedia, Wikihow, WikiBooks, Pinterest,
IMDB, Linked In, Indie Wire, Film Making Stuff, Hiive, Film Daily, New York
Film Academy, The Balance, The Numbers, Film Maker, TV Guide Magazine, Media
Match, Quora, Creative Skill Set, Investopedia, Variety, No Film School, Daily
Variety, The Film Agency, Best Sample Resume, How Stuff Works, Career Trend,
Producer's Code of Credits, Truity, Production Hub, Producers Guild of America,
Film Connection, Variety, Wolf Crow, Get In Media,
THIS ARTICLE
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Copyright
Licensing Attorney / Photo Credit: China IP Law Firm
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