Intellectual Property Basics for the Entertainment Industry
he success of nearly every aspect of the entertainment industry depends on intellectual property, including merchandising, film, television, book publishing, music, and licensing. An experienced entertainment law firm, like The Hollywood Lawyer, can strategically advise musicians, authors, entrepreneurs, and corporations about how they can protect these assets and monetize them.
The entertainment lawyer Los Angeles trusts can represent industry clients with all of their intellectual property needs, such as registering trademarks and copyrights, acquiring trademarks and copyrights, protecting trademarks and copyrights, negotiating licensing agreements, enforcing manufacturing agreements, and documenting distribution agreements.
Copyright Issues in the Entertainment Industry
Governed by the U.S. Copyright Office and protected by the U.S. Constitution, copyright is a way to protect intellectual property in original works of authorship. It covers original dramatic, musical, literary, and artistic works. When the United States issues a copyright, there are other countries around the world that will honor the copyright but not everywhere. The types of intellectual property that copyright law protects include:
- Poems
- Photographs
- Paintings
- Drawings
- Sculptures
- Movies
- Television programs
- Songs
- Books
- Short stories
- Screenplays
- Architecture
- Computer programs
The owner of the copyright has the exclusive right to make and sell copies of the work, create derivative works based on the original, license and transfer ownership rights in the work, and perform or display the work. In most situations, the copyright on intellectual property that is created in 1978 or later will last for the creator’s lifetime, plus an additional 70 years.
The creator of a work eligible for copyright protection is protected as soon as they fix the work in a tangible form that others can perceive directly or with the assistance of equipment. While copyright law does not protect processes, systems, facts, or ideas, an entertainment lawyer California relies on may be able to find ways to seek copyright protection for how these things are expressed.
Reasons to Register for Copyright Protection
You do not need to necessarily register with the U.S. Copyright Office for your intellectual property to be protected, but registration is required if you need to file a lawsuit against someone who infringes your copyright.
When you register for copyright protection, the information regarding your intellectual property will be in the official public record. Additionally, if you need to file an infringement lawsuit with regard to something for which you own the copyright, you may be eligible to collect attorney’s fees and statutory damages if you succeed in the intellectual property litigation.
Parties Who May Claim Copyright
In general, the creator of the original work may claim copyright. If there is more than one creator for the same piece of work, the creators may claim copyright jointly. The one exception to this, which often arises in the music industry, is works that are made for hire. In this case, one party hires another to create work on their behalf, either as an employee or in an express written agreement. To clarify any issues that may arise, a music attorney Los Angeles relies on can guide you on how to best craft a work-for-hire agreement.
Entertainment-Related Trademark and Service Mark Issues
Trademark law protects the logos, phrases, words, designs, and symbols that are used to identify the source of goods and distinguish them from others in the marketplace. Service marks are logos, words, phrases, designs, or symbols that distinguish the source of services from others in the marketplace. Oftentimes, the term “trademark” is used for both. In the United States, the U.S. Patent and Trademark Office oversees everything relating to trademarks.
Filing for a trademark is beneficial because it provides public notice and evidence of the trademark’s ownership claim, as well as protection from U.S. Customs and Border Protection to prevent foreign goods that infringe upon your trademark from being imported into the country. Additionally, federal trademark registration allows the owner to file lawsuits for infringement in federal court.
Trademarks only expire when the party holding the rights stops using them, and the registration for a trademark continues as long as the owner fulfills the requirements for paperwork and fees.
How an Entertainment Lawyer Can Help
If you own intellectual property within the entertainment industry, The Hollywood Lawyer can work with you to determine how you can best protect those assets as well as contract with others to maximize monetization opportunities relating to them.
Contact us today for a free consultation with one of our seasoned entertainment lawyers.
