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Entertainment Law FAQs
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What is copyright law?
The Copyright Act of 1976 protects creative expression: literary,
dramatic, and musical works; pantomimes and dance; pictorial,
graphic, and sculptural works; audio-visual works; sound recordings;
and architectural works. Essentially, any original "expression"
is eligible for copyright protection as soon as it is fixed in
a tangible form. Generally, copyright gives the owner of copyright
the exclusive right to do and to authorize others to do the following:
- To reproduce the work in copies or phonorecords;
- To prepare derivative works based upon the work;
- To distribute copies or phonorecords of the work to the public
by sale or other transfer of ownership, or by rental, lease,
- To perform the work publicly, in the case of literary, musical,
dramatic, and choreographic works, pantomimes, and motion pictures
and other audiovisual works;
- To display the copyrighted work publicly, in the case of literary,
musical, dramatic, and choreographic works, pantomimes, and
pictorial, graphic, or sculptural works, including the individual
images of a motion picture or other audiovisual work; and in
the case of sound recordings, to perform the work publicly by
means of a digital audio transmission.
Read details about our entertainment
law services or call us at (866) 734-2568.
What is a work for hire?
Although the general rule is that the person who creates the
work is its author, there is an exception to that principle; the
exception is a work made for hire, which is a work prepared by
an employee within the scope of his or her employment; or a work
specially ordered or commissioned in certain specified circumstances.
When a work qualifies as a work made for hire, the employer or
commissioning party is considered to be the author.
What is infringement?
Infringement is unauthorized use of another's creative work.
A party may seek to protect his or her copyrights against unauthorized
use by filing a civil lawsuit in Federal district court. If you
believe that your copyright has been infringed, consult an attorney.
In cases of willful infringement for profit, the U.S. Attorney
may initiate a criminal investigation.
How do I get permission to sample
others music or art?
Ask for it. If you know who the copyright owner is, you may contact
the owner directly. If you are not certain about the ownership
or have other related questions, you may wish to request that
the Copyright Office conduct a search of its records.
We look forward to the opportunity to discuss any questions you
may have regarding the range of business, technology and intellectual
property services we offer. Please feel free to call us at (866) 734-2568 should you have any questions.
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