Entertainment Law Today

            I chose to review 3 podcast shows pertaining to entertainment law this week including the Law and Video Podcast, Gordon Firemark  and Thomson CompuMark. These articles all dealt with generally the same topics pertaining to Trademarks, Copyrights, and intellectual property. In regards to the Law and Video Podcast the show discussed how trademarks mentioned the importance of understanding the copyright laws. On the show a lot of videographers, production companies and those starting out in business called in to ask legal questions to help them start out on the right course. One listener called in to ask about the use of The Star Wars Dark Vader character in his comedy shows. The lawyer mentioned to the listener that using known trademarks as a parody or satire is allowed as long as you do not use it to create a new work and claim it as your own.  I thought this was interesting that the use of a trademarks need to be verified on every level because a trademark is something that is legal property. To listen to the article click here: http://itunes.apple.com/us/podcast/the-law-and-video-podcast/id262391771

            The next article I reviewed is also from The Law and Video Podcast in which they interviewed entertainment lawyer, Gordon Firemark. As the show normally does they took in calls from people in the video production arena who have legal questions.  Firemark discussed the difference of fair use and copyright infringement. He stated that fair use is a law that looks at the purpose and intention of the content, so if the content is for educational purposes with no intention to profit, the material that is copy written or has a trademark can be used as long as the intent and motive is correct. That same content can become an infringement if the material content becomes excessive and utilizes the content in a way that becomes profitable then this can be a way of copyright infringement. To listen to the article click here: http://itunes.apple.com/us/podcast/trademark-copyright-law-forum/id264628681

            The last podcast that I listened to was a podcast from Thomson CompuMark.  The title of this podcast is called “How The Power of Branding Drives Trademark Law.” In this article there was a speaker who was discussing the different legal battles that go through the courts regarding brands of certain companies. For example there was a legal case with Mattel vs. a restaurant in Canada who used the name Barbie’s for the name of their barbecue restaurant. Mattel lost the case and the speaker mentioned that, “Mattel became too cocky.” They had this trademark and didn’t even want a restaurant to have access to use their name because they felt it was an infringement. This shows me that as the brand of a company become famous the more chances they will get into legal battles over trademarks. http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/Mattel%20Sues%20Barbie.htm

To listen to the article click here: http://itunes.apple.com/us/podcast/entertainment-law-update-podcast/id313301718

Legal Battles in the Media

        In the world of Television and online television there are plenty of issues that have litigation surrounding them. From copyrights, to signing waivers, and music video infringements, there are so many ways that one in the television industry could get into legal trouble. One must realize that in this business you have to trace your steps, dot your I's, and cross your T's, or else it could end up in a legal battle that could bring an organization down.
        Recently Viacom sued Google for having some of their content on the YouTube website without their permission and they demanded that YouTube give them documented numbers of those watching the shows, and all the ip addresses of the viewers that watch any content owned by Viacom. Google loss the battle and has to give Viacom this info. We can learn from this experience how important it is to require that all content used on websites have authorized permission. To read this article click here.
        Another interesting legal issue is the controversy for Grammy nominated rapper Nicky Minaj. MTV did a documentary and this documentary focused on the rappers story and in the video was a clip of a street drummer, Michael Savely who appeared in the MTV documentary without Savely's consent. Michael claims that he refused to sign a waiver and he was still seen in the video which represents a lifestyle contrary to his conservative way of living. Savely mentioned that he runs a street drumming business in which he teaches kids and the profanity and provocative dressing of Micky Minaj does not present a good image to Savelys clients who expect his trust. To read the full Article click here.
      There is a new trend regarding legal matters regarding the use of music in videos. Todd and Jeff Brabec discuss how things have changed and the procedures in which negotiations are made regarding music. This process entails keeping abreast with all the new technologies, marketing strategies, and media outlets. For instance TV producers should now ask for permission on all media platforms to use music because there are multiple ways in this world that people can view content. In the article it is suggested that producers use terminology that is all inclusive such as stating"All Media Licenses Excluding Theatrical." This will include music licenses on various platforms which will help avoid legal challenges and battles. To view the entire article click here.
     So we can clearly see the importance of understanding legal matters in the music television industry. This is another advancement for Urban Christian Media.

Refercences:
http://www.webpronews.com/viacom-wins-youtube-viewing-records-in-court-2008-07
http://www.billboard.com/news/nicki-minaj-mtv-documentary-provokes-lawsuit-1005103822.story#/news/nicki-minaj-mtv-documentary-provokes-lawsuit-1005103822.story
http://www.musicandmoney.com/articles/115-new-issues-in-television-music-licensing.html