Premium Essay

Drafting and Negotiating Entertainment Contracts and the Effects of Piracy

In:

Submitted By oseloka
Words 2178
Pages 9
TOPIC: NEGOTIATING AND DRAFTING ENTERTAINMENT CONTRACTS AND THE EFFECTS OF PIRACY

OCCASION: 26th Workshop, organised by LawQuest Ltd.

PRESENTER: Francis Oseloka Nzekwu Esq. (Head of Legal Unit, National Film and Video Censors Board)

VENUE: Alhaji Shehu Musa Yar’ Adua Center, Abuja, Nigeria

DATE: 19th – 20th September, 2007

INTRODUCTION

Entertainment law is primarily made up of contract law and intellectual property law, the industry covers mostly fields that offer entertainment as a primary product. Fields such as film, music, fine arts, dance, literary publishing, Broadcasting, sports etc. They all share a common interest of profiting from creative works or services provided by artists. Much of work of entertainment law practice is transaction based.

Litigations often occur as a result of common and recurring mistakes that are made during negotiations and drafting. In the entertainment industry hundreds of legal relationships are created every day and having a sound knowledge of common issues in the industry is critical in negotiating a deal and drafting a good contract.

CONTRACTS IN THE ENTERTAINMENT INDUSTRY

Personal Service Agreement (PSA)
Promoting a product or a service involves investing a lot of time and money, with the expectation of return on investment. The possibility that the product or service will not achieve the expected success or any success at all introduces a risk factor. A great majority of artists do not have the resources necessary to promote their products or services; they instead use intermediaries that invest time and money and bear the risk of loss. These intermediaries are known as “Entertainment Producers”. These Entertainment Producers invest time and money in selling the Artist’s talents or products to the consumer.

Film Distribution Companies, Film Studios and Music Recording Companies

Similar Documents

Free Essay

Blades.Inc

...Doing Business in Thailand: 2012 Country Commercial Guide for U.S. Companies INTERNATIONAL COPYRIGHT, U.S. & FOREIGN COMMERCIAL SERVICE AND U.S. DEPARTMENT OF STATE, 2010. ALL RIGHTS RESERVED OUTSIDE OF THE UNITED STATES. • • • • • • • • • • Chapter 1: Doing Business In Thailand Chapter 2: Political and Economic Environment Chapter 3: Selling U.S. Products and Services Chapter 4: Leading Sectors for U.S. Export and Investment Chapter 5: Trade Regulations, Customs and Standards Chapter 6: Investment Climate Chapter 7: Trade and Project Financing Chapter 8: Business Travel Chapter 9: Contacts, Market Research and Trade Events Chapter 10: Guide to Our Services 1 Return to table of contents Chapter 1: Doing Business In Thailand • • • • Market Overview Market Challenges Market Opportunities Market Entry Strategy Market Overview • Return to top Thailand is the 27th largest export destination for the United States. Two-way trade in 2011 was about $35.75 billion, with $24.8 billion in Thai exports to the U.S. and $10.9 billion in U.S. exports to Thailand. The figures represent an increase of 12.9 percent in the value of trade between the two countries. U.S. exports to Thailand increased by 21.7 percent, while US imports from Thailand increased by about 9.4 percent for the same period in 2010. In Asia, Thailand ranks as the United States’ 10th largest export destination after China, Japan, South Korea, Hong Kong, Taiwan, India, Hong Kong, Singapore and Malaysia. The Thai...

Words: 42883 - Pages: 172

Premium Essay

Cross Cultural Management

...Cross-Cultural Communication Theory and Practice Barry Tomalin; Brian J. Hurn ISBN: 9780230391147 DOI: 10.1057/9780230391147 Palgrave Macmillan Please respect intellectual property rights This material is copyright and its use is restricted by our standard site license terms and conditions (see palgraveconnect.com/pc/connect/info/terms_conditions.html). If you plan to copy, distribute or share in any format, including, for the avoidance of doubt, posting on websites, you need the express prior permission of Palgrave Macmillan. To request permission please contact rights@palgrave.com. Cross-Cultural Communication 10.1057/9780230391147 - Cross-Cultural Communication, Brian J. Hurn and Barry Tomalin Copyright material from www.palgraveconnect.com - licensed to Griffith University - PalgraveConnect - 2014-04-12 This page intentionally left blank 10.1057/9780230391147 - Cross-Cultural Communication, Brian J. Hurn and Barry Tomalin Copyright material from www.palgraveconnect.com - licensed to Griffith University - PalgraveConnect - 2014-04-12 Cross-Cultural Communication Theory and Practice Brian J. Hurn and Barry Tomalin Copyright material from www.palgraveconnect.com - licensed to Griffith University - PalgraveConnect - 2014-04-12 10.1057/9780230391147 - Cross-Cultural Communication, Brian J. Hurn and Barry Tomalin © Brian J. Hurn and Barry Tomalin 2013 Foreword © Jack Spence 2013 All rights reserved. No reproduction, copy or transmission of this...

Words: 129836 - Pages: 520

Premium Essay

Tata

...Doing Business in Vietnam: 2011 Country Commercial Guide for U.S. Companies INTERNATIONAL COPYRIGHT, U.S. & FOREIGN COMMERCIAL SERVICE AND U.S. DEPARTMENT OF STATE, 2011. ALL RIGHTS RESERVED OUTSIDE OF THE UNITED STATES. • • • • • • • • • • Chapter 1: Doing Business in Vietnam Chapter 2: Political and Economic Environment Chapter 3: Selling U.S. Products and Services Chapter 4: Leading Sectors for U.S. Export and Investment Chapter 5: Trade Regulations, Customs and Standards Chapter 6: Investment Climate Chapter 7: Trade and Project Financing Chapter 8: Business Travel Chapter 9: Contacts, Market Research and Trade Events Chapter 10: Guide to Our Services Return to table of contents Chapter 1: Doing Business in Vietnam • • • • Market Overview Market Challenges Market Opportunities Market Entry Strategy Return to top Market Overview • Vietnam is a true emerging market, offering ground floor and growing opportunities for U.S. exporters and investors. Vietnam’s economic growth rate has been among the highest in the world in recent years, expanding at an average about 7.2 percent per year during the period 2001-2010, while industrial production grew at an average of about 12 percent per year during the same period. Vietnam registered GDP growth rate of 6.7 percent in 2010 and was one of only a handful of countries around the world to experience such levels of economic growth. Moving forward, inflation remains a main risk to Vietnam’s economy, which the Government...

Words: 52699 - Pages: 211

Free Essay

Telco Regulation

...Tenth Anniversary Edition Tenth Anniversary Edition TELECOMMUNICATIONS REGULATION HANDBOOK TELECOMMUNICATIONS REGULATION HANDBOOK The Telecommunications Regulation Handbook is essential reading for anyone involved or concerned by the regulation of information and communications markets. In 2010 the Handbook was fully revised and updated to mark its tenth anniversary, in response to the considerable change in technologies and markets over the past 10 years, including the mobile revolution and web 2.0. The Handbook reflects modern developments in the information and communications technology sector and analyzes the regulatory challenges ahead. Designed to be pragmatic, the Handbook provides a clear analysis of the issues and identifies the best regulatory implementation strategies based on global experience. February 2011 – SKU 32489 Edited by Colin Blackman and Lara Srivastava Tenth Anniversary Edition TELECOMMUNICATIONS REGULATION HANDBOOK Edited by Colin Blackman and Lara Srivastava Telecommunications Regulation Handbook Tenth Anniversary Edition Edited by Colin Blackman and Lara Srivastava ©2011 The International Bank for Reconstruction and Development / The World Bank, InfoDev, and The International Telecommunication Union All rights reserved 1 2 3 4 14 13 12 11 This volume is a product of the staff of the International Bank for Reconstruction and Development / The World Bank, InfoDev, and The International Telecommunication...

Words: 132084 - Pages: 529

Free Essay

Wipro

...October 2011: 1 | | Cabinet approves Bill to share mining profits | * Mines and Mineral Development and Regulation (MMDR) Bill, 2011 * Provides for mining companies to keep aside 26% of their net profits for a Mineral Development Fund to be used for development and rehabilitation of project-affected people in the tribal areas of the country * For the non-coal companies, amount will be equivalent to the royalty they pay * Appointed a regulatory body for overseeing the functioning of the mining sector and measures to tackle illegal mining | Maoist problem in West Bengal | * In Jangalmahal region of West Bengal * Maoists: Operations by security forces and peace talks cannot go together. | Yasin Malik's arrest sparks protests | * After police detained JKLF chairman Mohammad Yasin Malik for taking out a rally against the death sentence awarded to Afzal Guru | Court allows export of unused endosulfan | * SC has allowed the export of unused stock of endosulfan. * But the ban on use and production of the pesticide will continue | FDI in beekeeping | * GOI allowed 100 per cent FDI in beekeeping, also known as ‘apiculture' under automatic route * Other areas in which the permission has already been given: * Plantation * Horticulture * Seeds * Cultivation of vegetables and mushrooms * Animal husbandry * Pisciculture * Aquaculture | 2 | | Neelima's application for visa rejected | * American Consulate in Mumbai rejected Magsaysay...

Words: 37383 - Pages: 150

Free Essay

Doing Business in Vietnam

...Doing Business in Vietnam: 2009 Country Commercial Guide for U.S. Companies INTERNATIONAL COPYRIGHT, U.S. & FOREIGN COMMERCIAL SERVICE AND U.S. DEPARTMENT OF STATE, 2008. ALL RIGHTS RESERVED OUTSIDE OF THE UNITED STATES. • • • • • • • • • • Chapter 1: Doing Business In Vietnam Chapter 2: Political and Economic Environment Chapter 3: Selling U.S. Products and Services Chapter 4: Leading Sectors for U.S. Export and Investment Chapter 5: Trade Regulations and Standards Chapter 6: Investment Climate Chapter 7: Trade and Project Financing Chapter 8: Business Travel Chapter 9: Contacts, Market Research and Trade Events Chapter 10: Guide to Our Services 3/3/2009 Return to table of contents Chapter 1: Doing Business in Vietnam • • • • Market Overview Market Challenges Market Opportunities Market Entry Strategy Market Overview Return to top • Vietnam is a true emerging market, offering ground floor and growing opportunities for U.S. exporters and investors. Vietnam’s economic growth rate has been among the highest in the world in recent years, expanding annually at 7-8.5 percent, while industrial production has been growing at around 14-15 percent per year. Vietnam’s macroeconomic challenges and the global financial crisis dampened this growth in 2008 and will continue to do so in 2009. • In response to significant macroeconomic challenges, including high inflation and a large and growing current account deficit, the...

Words: 50261 - Pages: 202

Free Essay

A Pattern-Oriented Approach to Fair Use

...William & Mary Law Review Volume 45 | Issue 4 Article 5 A Pattern-Oriented Approach to Fair Use Michael J. Madison Repository Citation Michael J. Madison, A Pattern-Oriented Approach to Fair Use, 45 Wm. & Mary L. Rev. 1525 (2004), http://scholarship.law.wm.edu/wmlr/vol45/iss4/5 Copyright c 2004 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. http://scholarship.law.wm.edu/wmlr A PATTERN-ORIENTED APPROACH TO FAIR USE MICHAEL J. MADISON* ABSTRACT More than 150 years into development of the doctrineof "fairuse" in American copyright law, there is no end to legislative,judicial, and academic efforts to rationalizethe doctrine. Its codification in the 1976 CopyrightAct appearsto have contributedto its fragmentation, rather than to its coherence. As did much of copyright law, fair use originated as a judicially unacknowledged effort via the law to validate certain favored practicesand patterns.In the main, it has continued to be applied as such, though too often courts mask their implicit validation of these patterns in the now-conventional "caseby-case" application of the statutoryfair use "factors"to the defendant's use of the copyrighted work in question. A more explicit acknowledgment of the role of these patterns in fair use analysis would be consistent with fair use, copyright policy, and tradition. Importantly, such an acknowledgment would help to bridge the often difficult conceptual gap between fair use...

Words: 74799 - Pages: 300

Free Essay

Code

...C O D E C ODE v e r s i o n 2 . 0 L A W R E N C E L E S S I G A Member of the Perseus Books Group New York Copyright © 2006 by Lawrence Lessig CC Attribution-ShareAlike Published by Basic Books A Member of the Perseus Books Group Printed in the United States of America. For information, address Basic Books, 387 Park Avenue South, New York, NY 10016–8810. Books published by Basic Books are available at special discounts for bulk purchases in the United States by corporations, institutions, and other organizations. For more information, please contact the Special Markets Department at the Perseus Books Group, 11 Cambridge Center, Cambridge MA 02142, or call (617) 252-5298, (800) 255-1514 or e-mail special.markets@perseusbooks.com. CIP catalog record for this book is available from the Library of Congress. ISBN-10: 0–465–03914–6 ISBN-13: 978–0–465–03914–2 06 07 08 09 / 10 9 8 7 6 5 4 3 2 1 Code version 1.0 FOR CHARLIE NESSON, WHOSE EVERY IDEA SEEMS CRAZY FOR ABOUT A YEAR. Code version 2.0 TO WIKIPEDIA, THE ONE SURPRISE THAT TEACHES MORE THAN EVERYTHING HERE. C O N T E N T S Preface to the Second Edition Preface to the First Edition Chapter 1. Code Is Law Chapter 2. Four Puzzles from Cyberspace PART I: “REGULABILITY” ix xiii 1 9 Chapter 3. Is-Ism: Is the Way It Is the Way It Must Be? Chapter 4. Architectures of Control Chapter 5. Regulating Code PART II: REGULATION BY CODE 31 38 61 Chapter 6. Cyberspaces Chapter 7. What Things Regulate...

Words: 190498 - Pages: 762

Free Essay

Patent Law Outline

...Table of Contents General IP Policy/theory 1 Trademarks 2 Foreign Treaties 4 Types of Marks 4 Infringement (Polaroid Test) 9 Defenses 10 Internet/UDRP 12 Dilution 13 Remedies 14 Copyrights 16 Derivative Works 19 Moral Rights 21 Renewal/Termination 23 Infringement (tests) 24 Fair Use/Defenses 15 DMCA 27 Remedies 29 Publicity/Misappropriation 32 Patents 34 Patent Prosecution 36 Utlity/Novelty /Non-Obvious 38 Priority 39 Statutory Bars 40 Infringement 41 Defenses 43 Remedies 44 Trade Secrets 46 IP In General I. Origins a. Patents began in Venice b. Copyright began in England - Publisher competition c. Trademarks - Guild System would mark the bottom of product so that people would know from whom they were purchasing II. Federal Authority a. Copyright/Patent Authority Article I Sec.1 cl. 8 i. “Progress of science and useful arts” 1. Science is copyright, and useful arts is patents 2. In the days of the Constitution means “knowledge.” ii. Utilitarian clause – not based on the moral rights iii. Most protection is pretty much on federal level. iv. Certain States with particular businesses adopted their own laws, which Congress eventually incorporated...

Words: 34600 - Pages: 139

Free Essay

Networks

...The Wealth of Networks The Wealth of Networks How Social Production Transforms Markets and Freedom Yochai Benkler Yale University Press New Haven and London Copyright _ 2006 by Yochai Benkler. All rights reserved. Subject to the exception immediately following, this book may not be reproduced, in whole or in part, including illustrations, in any form (beyond that copying permitted by Sections 107 and 108 of the U.S. Copyright Law and except by reviewers for the public press), without written permission from the publishers. The author has made an online version of the book available under a Creative Commons Noncommercial Sharealike license; it can be accessed through the author’s website at http://www.benkler.org. Printed in the United States of America. Library of Congress Cataloging-in-Publication Data Benkler, Yochai. The wealth of networks : how social production transforms markets and freedom / Yochai Benkler. p. cm. Includes bibliographical references and index. ISBN-13: 978-0-300-11056-2 (alk. paper) ISBN-10: 0-300-11056-1 (alk. paper) 1. Information society. 2. Information networks. 3. Computer networks—Social aspects. 4. Computer networks—Economic aspects. I. Title. HM851.B457 2006 303.48'33—dc22 2005028316 A catalogue record for this book is available from the British Library. The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources. 10 9 8 7 6 5 4 3 2 1...

Words: 214717 - Pages: 859

Premium Essay

World Report

...U N I T E D N AT I O N S C O N F E R E N C E O N T R A D E A N D D E V E L O P M E N T WORLD INVESTMENT REPORT 2011 NON-EQUITY MODES OF INTERNATIONAL PRODUCTION AND DEVELOPMENT U N I T E D N AT I O N S C O N F E R E N C E O N T R A D E A N D D E V E L O P M E N T WORLD INVESTMENT REPORT 2011 NON-EQUITY MODES OF INTERNATIONAL PRODUCTION AND DEVELOPMENT New York and Geneva, 2011 ii World Investment Report 2011: Non-Equity Modes of International Production and Development NOTE The Division on Investment and Enterprise of UNCTAD is a global centre of excellence, dealing with issues related to investment and enterprise development in the United Nations System. It builds on three and a half decades of experience and international expertise in research and policy analysis, intergovernmental consensus-building, and provides technical assistance to developing countries. The terms country/economy as used in this Report also refer, as appropriate, to territories or areas; the designations employed and the presentation of the material do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. In addition, the designations of country groups are intended solely for statistical or analytical convenience and do not necessarily express a judgment about the stage...

Words: 156270 - Pages: 626

Premium Essay

Hkhkhk

...lay_man Says @Cricaddict- By this point you mean that average age of population is less than 22 years or there is some typo mistake? Sorry to barge in but i could not understand this line Yes avg age of population, for yemen - 17.9, syria - 21.5, egypt - 22 or 23 yrs.. in general a very young population and umemployed, so frustration and anger.. thats why the uproar.. @layman updated.. S.P. Jain Institute of Management & Research PGDM Finance Class of 2014 | CAT'11 - 99.04%le QuoteReply. Like . Share   3 cricaddict Reply #22 03:44 PM, 10 Mar '12 Limits of Foreign Direct Investment in various sectors in India :: Non-Banking Financial Com-panies (NBFC) : 100% Petroleum Refining (Private Sector) : 100% Petroleum Product Marketing : 100% Oil Exploration : 100% Petroleum Product Pipelines : 100% Housing and Real Estate : 100% Power : 100% Drugs & Pharmaceuticals : 100% Road, Highways, Ports and harbours : 100% Hotel & Tourism : 100% Electricity : 100% Pharmaceuticals : 100% Transportation infrastructure : 100% Tourism : 100% Mass transit : 100% Pollution control : 100% Mining (Mining of gold and silver and minerals other than diamonds and precious stones) : 100% Advertising : 100% Films : 100% Mass Rapid Transport Systems : 100% Pollution Control & Management : 100% Special Economic Zones : 100% Air Transport Services (Domestic Airlines) : 100% for NRIs 49% for Others Single Brand...

Words: 26489 - Pages: 106

Premium Essay

Student

...This page intentionally left blank Lut12575_fm_i-xxvi.indd Page i 2/10/11 2:28 PM user-f494 /203/MHBR222/Lut12575_disk1of1/0078112575/Lut12575_pagefiles International Management Culture, Strategy, and Behavior Eighth Edition Fred Luthans University of Nebraska–Lincoln Jonathan P. Doh Villanova University Lut12575_fm_i-xxvi.indd Page ii 2/11/11 2:35 PM user-f494 /203/MHBR222/Lut12575_disk1of1/0078112575/Lut12575_pagefiles INTERNATIONAL MANAGEMENT: CULTURE, STRATEGY, AND BEHAVIOR, EIGHTH EDITION Published by McGraw-Hill, a business unit of The McGraw-Hill Companies, Inc., 1221 Avenue of the Americas, New York, NY 10020. Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved. Previous editions © 2009, 2006, and 2003. No part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written consent of The McGraw-Hill Companies, Inc., including, but not limited to, in any network or other electronic storage or transmission, or broadcast for distance learning. Some ancillaries, including electronic and print components, may not be available to customers outside the United States. This book is printed on recycled, acid-free paper containing 10% postconsumer waste. 1 2 3 4 5 6 7 8 9 0 QDB/QDB 1 0 9 8 7 6 5 4 3 2 1 ISBN 978-0-07-811257-7 MHID 0-07-811257-5 Vice President & Editor-in-Chief: Brent Gordon Vice President, EDP/Central Publishing...

Words: 69321 - Pages: 278

Premium Essay

Canhan

...4 TH EDITION Managing and Using Information Systems A Strategic Approach KERI E. PEARLSON KP Partners CAROL S. SAUNDERS University of Central Florida JOHN WILEY & SONS, INC. To Yale & Hana To Rusty, Russell &Kristin VICE PRESIDENT & EXECUTIVE PUBLISHER EXECUTIVE EDITOR EDITORIAL ASSISTANT MARKETING MANAGER DESIGN DIRECTOR SENIOR DESIGNER SENIOR PRODUCTION EDITOR SENIOR MEDIA EDITOR PRODUCTION MANAGEMENT SERVICES This book is printed on acid-free paper. Don Fowley Beth Lang Golub Lyle Curry Carly DeCandia Harry Nolan Kevin Murphy Patricia McFadden Lauren Sapira Pine Tree Composition Copyright  2010 John Wiley & Sons, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except as permitted under Sections 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc. 222 Rosewood Drive, Danvers, MA 01923, website www.copyright.com. Requests to the Publisher for permission should be addressed to the Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030-5774, (201) 748-6011, fax (201) 748-6008, website www.wiley.com/go/permissions. To order books or for customer service please, call 1-800-CALL WILEY (225-5945)...

Words: 175164 - Pages: 701

Premium Essay

Business and Management

...4 TH EDITION Managing and Using Information Systems A Strategic Approach KERI E. PEARLSON KP Partners CAROL S. SAUNDERS University of Central Florida JOHN WILEY & SONS, INC. To Yale & Hana To Rusty, Russell &Kristin VICE PRESIDENT & EXECUTIVE PUBLISHER EXECUTIVE EDITOR EDITORIAL ASSISTANT MARKETING MANAGER DESIGN DIRECTOR SENIOR DESIGNER SENIOR PRODUCTION EDITOR SENIOR MEDIA EDITOR PRODUCTION MANAGEMENT SERVICES This book is printed on acid-free paper. Don Fowley Beth Lang Golub Lyle Curry Carly DeCandia Harry Nolan Kevin Murphy Patricia McFadden Lauren Sapira Pine Tree Composition Copyright  2010 John Wiley & Sons, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except as permitted under Sections 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc. 222 Rosewood Drive, Danvers, MA 01923, website www.copyright.com. Requests to the Publisher for permission should be addressed to the Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030-5774, (201) 748-6011, fax (201) 748-6008, website www.wiley.com/go/permissions. To order books or for customer service please, call 1-800-CALL WILEY (225-5945)...

Words: 175164 - Pages: 701