With the ease of technology’s ability to access information, we see today that the use of videos, music and art from others is in our digital reach. What most people do not realize is that this accessibility could open a multitude of doors that could lead someone down a very slippery legal road. There are tons of legal cases that can be found on the Internet that show the legal battle entertainment professionals are facing on a daily basis. I am going to share three cases that fall under the huge umbrella of copyright and how we can apply these lessoned learned to become a better professional.
THE USE OF AN ACTORS IMAGE
Recently there was a case of two marketing and advertising companies who had used the images of actors Liam Neeson and Bradley Cooper for their own adverting purposes. Neeson and Cooper alleged that Vutec Corporation and First Impression Theme Theaters used an image from their 2010 film “The A-Team” to further their companies’ exposure. The defendants wanted documentation to show that the plaintiff’s actually had any intellectual property rights over any of the media. This brings up a bigger concern for the industry on whether the individual actors themselves own the rights to their image or if the studio/production company does. The case was settled out of court but the issue still seems to remain.
Citation referenced from Hollywood Reporter
http://www.hollywoodreporter.com/thr-esq/bradley-cooper-liam-neeson-settle-668428
THE BATTLE OF PUBLIC DOMAIN
In recent years we have seen a slew of film, TV shows, books and other media revolving around the iconic character of Sherlock Holmes. A federal judge in Illinois was tasked with deciding if Arthur Conan Doyle’s classic character is in public domain or if the property is still protected under copyright. Attorneys for the Doyle estate claim that since the character has been changed over a period of time it is impossible to distinguish a copyright for a certain personality type for the character. The judge ultimately ruled that Mr. Doyle’s work pre 1923 would be public domain, shedding a new light on adaptations on a certain character and how they sit legally.
Citation referenced from Hollywood Reporter
http://www.hollywoodreporter.com/thr-esq/sherlock-holmes-judge-declares-popular-667755
OWNERSHIP RIGHTS FOR MR. BOND
The battle over the rights to James Bond film series has raged just as long as the films have been out. The author of the original James Bond books tasked Mr. Kevin McClory and Jack Whittingham to write the script of the classic “Thunderball” film into a novel. The novel was released and left out McClory as a writer on the book. McClory sued in 1961 for ownership rights of the book and was awarded the right to produce the film “Thunderball” which was based on his original idea that were in the book. The controversy only continues when McClory tries to produce a film in the 1980’s that used the characters name and original story created by McClory but did not get permission from the original creator of the character. 50 years later the case was settled and the rights were granted to the studio that now owns all the rights to the Bond films. The McClory estate was awarded a undisclosed sum of money for the settlement.
Citation referenced from iplj.net
http://iplj.net/blog/archives/6673
Using these case studies could help understand that securing contracts and rights could be a valuable in the business of entertainment. We can see that no matter how big the project can get there could always be room for interpretation of the meaning of legalities. Copyright is very important to my business and could protect potential partners from legal issues like the ones listed above. Copyrighting all needed intellectual property will be essential to the successes of my business plan but also all of my future work as an entertainment professional.