Representation For Agencies And Companies
Patricia M. Davis, Attorney at Law is dedicated to the representation of record labels, management companies, talent agencies, independent film producers and other companies in the entertainment industry.
I am available to assist you with a number of issues related to entertainment business transactions, including:
- Sponsorships – Your company may choose to sponsor an event, tour or artist. Prior to entering any sponsorship agreement, it may be beneficial to speak with an attorney about any responsibilities or restrictions this may create for you.
- Licensing – Licensing others to use your work or image is a complicated process. In addition, you may need to hold several licenses as an entertainment agency. An important fact is that the state licensing requirement for talent agents was repealed in 2011, but there are still other permissions you need to obtain.
- Digital rights and print media law – The Digital Millennium Copyright Act seeks to punish those who are found guilty of copyright infringement on the Internet. You may have a case under this act if your agency has been victimized due to piracy or other infringement.
- Creation of corporations – The expansion of your business is an important milestone, if you are interested in creating a corporation you may need the assistance of an attorney. There is a significant amount of time that goes into creating a corporation and you must make sure that you follow the rules of the Texas corporation division. You also must ensure the proper paperwork is filled out correctly and obtain any licenses or permits that are necessary.
- Right of Privacy – Your company has a right to privacy and can be protected from types of defamation such as libel and slander. As an agency, it is in your best interest to protect your reputation from untruths. Your ability to succeed is based on the reputation you create.
- Drafting and negotiating contracts – Employment contracts, talent agreements, rental agreements, producer agreements and any other business-related contract should be at least reviewed by a lawyer if not drafted by a lawyer. I can help you protect your company’s best interests.
- Ensuring proper chain-of-title records – For film, television and music production companies this is especially important. The chain of title establishes the proprietary rights in a film and can include copyright clearances on music, trademarks and talent agreements. Works with multiple contributors need to have a chain of title established so there is no question of the owner’s rights.
Intellectual Property Enforcement
One of the most prevalent issues in the entertainment industry is the infringement of copyrighted material. Your unique work should be protected; if you need assistance with filing for a trademark or copyright you should contact an attorney. I can also work to take legal action against those who have infringed upon your property. If another business uses or reproduces your movie, show, logo or other intellectual property, it may be time to consider legal action.
It is important to establish and manage your copyrights and trademarks. I can help administer your intellectual property and counsel you on what to do if you face a situation where infringement is taking place. During these situations, it is important to consider the terms of fair use. Fair use is the use of material for transformative purposes. To be considered fair use, the individual must add new value and repurpose a work for a new audience. What may seem to be an infringement on the surface can in fact be considered fair use.
Having the counsel of a knowledgeable attorney in these situations is crucial and can potentially save you from litigation not worth pursuing. Start today by calling my firm at 713-936-9553 or filling out my online contact form.