Review One: “Trademark and Copyright Law Podcasts” from
Lexis Nexis with Walter Palmer and Christina Pinheiro Palmer of the Pinheiro Palmer Advogados law firm in Rio de Janeiro, Brazil - http://www.pinheiro-palmer.adv.br/
The best advice that can be derived from these podcasts, which are a
legal update and recap about the new trademark, copyright, and patent laws
effecting Brazil in 2010, and the changes being made to the PTO, is that you
absolutely must be familiar with foreign law. Working in the film industry, if
you plan on shooting in a country that is not the United States (I am saying
this a current citizen and using it as a general basis since I am familiar with
U.S. law) then you absolutely must look into the different laws affecting the
area that you want to travel to. This also extends to the reaches of trademarks
and copyrights.
This also leads to being careful about specific cities you are filming in
and special events occurring around the area. It was mentioned in the podcast
that as soon as the 2016 Olympics were announced that a law preventing ambush
marketing went into effect in Rio de Janeiro. This law gives the federal
government control to protect signs, flags, emblems, anthems, etc. and all
international things relating to the 2016 Olympic and Paralympic games. It even
protects the phrase itself. So you have to be very careful that you are not
getting in the way of short-term, specialized laws such as these.
This is also true for areas where you should not film. Be mindful of
sacred cultural and religious areas, landmarks, ceremonies, and the like. There
are many areas around the world where it may be illegal or frowned upon to be
filming or trespassing in the area. Always be sure you know the customs and
laws of the country and city where you are going to be heading!
Review Two: “The Surefire Way to End Online Piracy: End Copyright” from Legal
Talk Network with Dean Baker of the Center for Economic and Policy Research in
Washington D.C. -
http://www.cepr.net/index.php/biographies/dean-baker/
Mister
Baker had a lot of interesting things to say about the concept of how copyright
should be done away with. He commented with how the way the entertainment
industry works now, and with how vast and accommodating the Internet is, that
it seems pointless to have copyright around still today. He concurred that
goods should be sold at their marginal value, and with the Internet, that
currently makes their value zero. Therefore it only makes sense to put things
up for free for consumers. Artists should be compensated for their work, but
they will find other ways to make money, such as concerts, etc.
He
brought up a good point that has been on the minds of the younger generations:
why pay for it if you don’t have to? Baker contends that people will spend
money on things like music and movies, but if it’s available for free, honestly
what is the point?
This
is a huge issue for emerging generations coming into the entertainment industry
and something a lot of people have to think about. How can movie companies make
money if not for ticket and DVD sales? Future generations will have to learn to
adapt and get creative because it’s very obvious that the climate of the
industry has changed, people do not make money the same way, and it will not be
turning back.
Review
Three: “Entertainment Law & the Challenges
of Celebrity” from Legal Talk Network with Gordon Firemark, an independent
entertainment lawyer in Los Angeles, California - http://firemark.com/
This was a very interesting take on the demands of being an
entertainment lawyer and some of the common subjects that come up. The biggest
issues, Mr. Firemark said, were defamation and individual privacy, especially
with things like reality TV, documentary style movies, and podcasts being
increasingly popular. Even if you are not making profit off of something the
basic laws of entertainment apply, and the words “fair use” are far more
stretched thin and narrow than most people would like to believe.
If you’re going to be filming something, especially in
public, and especially with other people, and you plan on doing anything with
it aside from showing your friends and family, there is always the chance that
you will run into legal matters. Even if you are doing a film review that you
put online, the production company can cite copyright infringement and even
defamation or slander depending on the nature of what you have to say.
He also cautioned about working with “troubled actors” which
is a very relevant and hot-button issue with celebrities like Lindsay Lohan and
Charlie Sheen who we can’t seem to get enough of as we watch them spiral more
and more out of control. There is always a large money factor with being able
to work with an actor with a reputation such as this. But Firemark warned that
you have to remember that they have the reputation for a reason. Productions
can lose a lot of money with working with an actor who is in constant trouble
and may even have to halt production. Be mindful of who you are working with
and the risks you are taking.
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