Entertainment Law
Entertainment law also referred to as media law is a broad practice area that focuses on the legalities in the entertainment industry. Here at the Law Offices of Elysa Galloway we strive to safeguard our clients intellectual property rights and publicity rights while elevating their artistic career and brand pursuant to the law. This comprehensive body of law provided by the Law Offices of Elysa Galloway includes: Music Law, Television & Film Law, Social Media Law, Copyright Law, Trademark Law & Contract Law.
Music Law:
Music law governs musical works, including creation, recording, publishing, distribution, and ownership rights in the music industry. The music industry includes: songwriters, recording artists, performers, producers, record labels, publishers, managers, agents, investors and merchandizers. Schedule a consultation today if you need to:
* Obtain or grant permission to use music.
* License appropriate rights.
* Negotiate, renegotiate, or terminate a deal with a record label or publisher.
* Review, revise and draft (non-exclusive list): Songwriter/Music Publisher Agreement, Licensing Agreement, Video Distribution Agreement, Exclusive Recording Agreement, Exclusive Songwriter Agreement, Tour Merchandising License Agreement, Online Music Distribution Agreement, Co-Publishing Agreement, Management Contract, or Agency Contract.
Television & Film Law:
Television & Film law is regulated by media law which provides First Amendment protections and governs publicity, privacy, libel, slander, ownership and licensing rights in the film and television industry. The film and television industry includes: producers, directors, screenwriters, composers, distributors, actors, on-screen talent, film stars, television personalities, or corporate sponsors. Schedule a consultation today if you have received or are need of any of the following agreements (non-exclusive list):
* Shopping Agreement
* Talent and Service Agreement
* Actor Deal Memo
* Participant Agreement
* Production Agreement
* Co-Production Agreement
* Life Rights Agreement
* Distribution Agreement
* Licensing Agreement
* Crew Deal Memo
* Director Employment Agreement
* Motion Picture Crew Deal Memo
Social Media Law:
Social Media Law is regulated by the Communications Decency Act, that protects a persons freedom of expression online but also prevents minors from gaining access to explicit materials on the internet. It is also regulated by the Digital Millennium Copyright Act which protects content creators from unlawful reproduction or distribution of their works, ultimately providing copyright holders protection from online theft. Social Media users generally include: content creators, online streamers and influencers on digital media platforms. Schedule a consultation today to protect your brand or if you have received or are need of any of the following agreements (non-exclusive list):
* Cease and Desist Letter (Defamation/Infringement)
* Endorsement Agreement
* Sponsorship Agreement
* Joint Venture
* Merchandising Agreement
* Marketing Contract
* Non-Disclosure Agreement
* Non-Compete Agreement
* Management Agreement
* FTC Compliance (follow sponsored social media post guidelines, disclose sponsored content if paid promotion, and be sure not to make any false or misleading statements)
Copyright Law:
Copyright law protects an authors original works as soon as an author fixes the work in a tangible form of expression. Types of works include (non-exclusive list):
* Musical Compositions
* Sound Recordings
* Photographs
* Illustrations
* Movies
* Computer Programs
* Manuscript
* Book
* Sizzle Reel
* Story Bible
* Plays
Schedule a consultation today to protect your original works. By completing a copyright registration, the author creates a public record of its copyright claim. Registration is in fact a prerequisite to filing a lawsuit and the author must have a copyright registration for the work or works in order to file an infringement claim. Also, if registered within (3) months prior to an infringement the claimant could be entitled to statutory damages and attorney's fees in addition to actual damages and infringer’s profits.
Trademark Law:
Trademark law is governed by the Lanham Act which defines a trademark as a mark used in commerce, or has been registered with the intent to use the mark in commerce. Common law also provides trademark rights automatically when a business name or logo is used in commerce that has not been registered. However, if you fail to register and trademark your mark, Common law only provides authority over unregistered uses of your mark within the geographic region. Unlike a registered trademark that gives you access to statutory damages up to $150,000 for willful infringements. Common law trademarks do not provide for statutory damages, the owner will need to prove actual economic harm resulting from infringement before they can seek compensation from an infringing party in court.
Types of works include (non-exclusive list):
* Product Name
* Company Name
* YouTube Channel Name
* Podcast Name
* Phrase
* Slogan
* Symbol
* Logo
Schedule a consultation today if you want to obtain the exclusive right to use your mark and prevent competitors from using a similar mark or logo in commerce.
Contract Law:
Contract law is governed by the terms of the agreement between the parties, state statutes, common law and the Uniform Commercial Code ("UCC") depending on the contractional transaction. Contract law is complex and can apply to many professionals such as (non-exclusive list): business owners, entertainers, employees, employers, customers, independent contractors, landlords, tenants, vendors, and/or general contractors. Schedule a consultation today if you are in need of the following contract services:
* Contract interpretation.
* Draft legally binding contract while protecting clients interest.
* Review legally binding contract in efforts to eliminate unenforceable and ambiguous clauses and avoid potential risks.
* Negotiate legally binding contract that ensures favorable terms and conditions for client.
* Enforce legally binding contract in the event of a breach.
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