The entertainment and media (E&M) industry shines brighter than any other sector today, as the center of attention when it comes to fashion and glamour. Fame, however, can be bittersweet for entertainers. There are many challenges that entertainment industry professionals have to undergo, especially legal challenges that range from defamation to invasion of privacy and unfair competition claims.
Significant structural and technological evolutions in the broadcasting and television sectors have also impacted the way consumers access the content for the purpose of entertainment. Innovative technology and the dynamic influence of social media have also highlighted the need for laws, regulations and litigation to protect the privacy interests of public figures such as entertainers. Additionally, entertainers face unique problems that may be specific to their speciality whether they work in the areas of musical production, the performing arts, modeling, advertising or broadcasting.
Moreover, the increasing demand for more ways to deliver content online and via voice telephone service in the form of quadruple and triple-play complicates matters further. Quadruple-play is a term that combines the triple-play service of broadband internet access, television and wireless telephone.
The process of determining which laws apply in what jurisdiction you are marketing to or delivering content in and whether there is any overlap can be very important in an entertainment lawsuit. For instance, while you are trying to convert your content to be live on triple-play service, you may see your content marketed already without your permission and may have to sue.
Any industry professional or reputable television lawyer can tell you that it is a challenge to keep up with changes in entertainment law. To stay competitive, entertainment companies and lawyers have to remain abreast of the latest developments.
As a result, there are numerous entertainment professionals who do not want to play fair. Below are some of the intricate examples of the current evolutions in the entertainment and media industry.
- Making required disclosures for paid endorsements in compliance with the FTC.
- Augmented Reality (AR), Virtual Reality (VR), and advertising using these methods.
- First Amendment and antitrust violations in social media speech.
- Workplace safety in the entertainment sector.
- Copyright infringement and unfair competition. For instance, the failure to disclose paid endorsements as required by the FTC.
- Intellectual property infringement, misappropriation of likeness, and copyright infringement as a result of the convergence of quadruple-play and triple-play services.
- Overlap of jurisdictions and applicable laws where content is streamed if a lawsuit arises.
- Governmental censorship and de-platforming, which is removing or boycotting a person or group from engaging in a speech on a speaking platform (typically online).
Some of the most common types of legal challenges in the entertainment and media industry have today includes the following:
- Invasion of privacy
- Freedom of speech and association violations
- Defamation
- intellectual-property infringement including but not limited to copyright infringement, trademark infringement, theft of trade secrets.
- Misappropriation of likeness
- Entertainment and media contract disputes
What can an entertainment lawyer do for you?
So, entertainment lawyers are the professionals that you have to approach if you are looking for a solution for your legal battle in broadcasting, television or advertising. Unlike a corporate or a divorce attorney, an entertainment attorney protects and represents a companies’ best interests, creativity, and intellectual property, among other areas. This may include publishing, new media rights, music production copyright and trademark rights, and more.
An entertainment attorney helps clients who are new to the media industry or are veterans in the field to familiarize themselves with how the contracts and negotiations work. The attorneys usually work as agents to help clients conveniently navigate the process of entering into a contract and what to do if the other party does not hold up their end of the agreement.
An attorney will also advise about what type of actions are legal and illegal as well as what the gray areas are and newly emerging areas of law and issues that can arise. Getting in touch with an entertainment attorney can also help you find out what is the best action you should take. Your attorney can inform you of your rights, obligations, and options, whether you need to sue another party or if you are being sued.
- Facilitating intricate negotiations
Entertainment attorneys and talent agents often collaborate as a team on behalf of clients. They help secure the talent, the contracts, releases, negotiate fee arrangements, and provide invaluable and specific suggestions on contracts to clients based on their situations.
- Connecting with the clients or other service providers
This is yet again another significant reason why entertainment lawyers are hired in the entertainment and media industry. An entertainment attorney also helps in serving as a liaison between other professionals and the talent, such as agents for venues and other networks.
- Safeguarding intellectual property
Intellectual property (IP) protection is enormous in the entertainment industry, and attorneys specializing in the same help to protect your business intellectual property at all costs in any scenario. When entertainment lawyers represent creative professionals, they defend their clients’ rights to their intellectual property. This may include song lyrics for singers, a musical score for music producers, or even the routines of the comedians.
- Guild membership and unions
An entertainment lawyer may help clients join unions, guilds, and other professional associations. These attorneys can also work for professional organizations to organize programs for entertainers to participate in.
Other than that, entertainment lawyers play unique roles to assist high-profile clients that are a party to a lawsuit, such as Facebook, Linked In, Twitter, and public figures like a former president such as Donald Trump or Barack Obama. Sometimes, cases take complicated turns that are out of the control of clients.
Cases involving cybercrime, unfair competition under the FTC, disputes in regard to licensing, and theft of intellectual or creative property are very serious issues that must be dealt with right away.
Legal matters can become much more tricky for clients to overcome on their own, especially if they lack the legal expertise and experience to do so. You can get in touch with one of our reputable entertainment lawyers online today.
If you need experienced New York entertainment lawyers right now, you can visit The Hollywood Lawyer. We started in 2014 and we can offer you incomparable legal guidance and services from our robust team of top-ranked entertainment attorneys.
We have also provided our clients with legal help in a wide range of areas in the entertainment and media industry within the areas of music, film, social media, podcasting, talent representation, licensing, and television.
