Sunday, May 29, 2011

The Right Legal Advice Makes All The Difference




The entertainment business entices many people with the lure of fame and great fortune. Countless numbers take the leap of faith into potential stardom, yet very few actually taste the fruit of success. Today we focus on why so many fail in their quest for the big time.

If anyone knows the ins and the outs, the do’s and don’ts of the entertainment business, it’s Attorney Lawrence H. Haber. He is well versed in the issues that cause the before mentioned failures. Mr. Haber has practiced in many areas of law including real estate, business and corporate representation, intellectual property and sports and entertainment. Former companies that have benefitted from his expertise include entertainment juggernauts Walt Disney World and Universal Studios Orlando.

My conversation with Attorney Haber covered a myriad of topics dealing with the entertainment business. However, the UCF and Hofstra Law Grad felt compelled to focus on the problems most encountered by people trying to get their feet wet in the business.

According to Mr. Haber, the biggest problem with creative individuals starting out in the entertainment industry is their lack of knowledge of proper legal safeguards. When I asked him to expound on why he believes this happens, he shared, “They don’t know who to go to, and those that do, feel that proper representation is beyond what they can afford.” When asked what was one of the biggest legal mistakes in the industry, he added, “Not getting an entertainment lawyer soon enough (before project starts).”

One of the traits that make Haber different from other attorneys in the Orlando area is his availability give advice to all that inquire. Also, his cell phone number is connected to his office number, so when calls come in, he’s the one that answers. Because of his reputation of being available to anyone that has questions about the industry, I asked him what advice he would give to new artists, songwriters, producers or anyone looking to make a move into the entertainment business. Attorney Haber replied, “I would tell them to fully understand what they’re doing and where they want to go. They should also get expertise when needed, because they won’t know everything when starting up.”

Lawrence H. Haber, Esquire is a wonderful resource for anyone thinking about taking that crucial first step into the immense world of entertainment. I, for one, will be tapping into that resource, as I don’t want my first step to be my last!

Attorney Haber’s background and contact information can be found on his website: http://www.haberlawoffice.com

Sunday, May 8, 2011

Entertainment Industry Lawsuits: The No-No’s and Uh-Oh’s of Copyright Infringements




Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. This illegal activity occurs often in the entertainment business in the form of illegal usage of music, illegal usage of artwork and the pirating of television or movie productions, just to name a few.

Here are some examples of Intellectual Property (IP) infringement lawsuits involving some of the biggest names in entertainment.
           
The Black-Eyed Peas are megastars in the world of music. However, even the biggest names are not immune to the occasional lawsuit. The group is being sued by a couple of songwriters who claim that the group has stolen their music. Songwriter Bryan Pringle claims that the group stole his song “Take A Dive” and changed it to the super hit “I Got A Feeling”, which sold over 5.5 million digital downloads. In a separate lawsuit, music artist Ebony “Phoenix Phenom” Batts and her producer Manfred Mohr, claim that the Peas used their song “Boom Dynamite” to make the hit “Boom Boom Pow”. The latter song sold 5.2 million digital downloads. Both cases look to give the plaintiffs’ the net profits from those songs.

Alternative Rock band Green Day is also being sued for copyright infringement. However, in this case, it’s not for theft of music. Green Day is being sued for the illegal use of a piece of artwork used in a graphic image for their stage setting during their world concert tour for the American Idiot.
Artist Derek Sheltzer is claiming that the band illegally used an original piece called “Scream Icon”, and is requesting $30,000 to $150,000 per infringement.

Zumba Fitness, creators of Latin music-based aerobic DVDs, clothing and dance class programs, has filed multiple lawsuits in California and other states in an attempt to curtail the piracy of Zumba products. One such case is against Hector De Anda for trademark infringements. Zumba has also filed similar cases in the United Kingdom, and considering filing cases in Australia and Eastern Europe.

            The dream of making it big in the entertainment business can quickly turn into a nightmare. The improper usage of someone else’s materials can bring even the most iconic musician, actor or artist to their professional doom. When an aspiring performer does not take the time to research and utilize the proper licenses and permits, it can lead to disaster.