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Entertainment Law
University of Dayton School of Law
Greene, Dennis

Entertainment Law
Spring 07’


Gross $- salaries, earnings, all the money coming in, including TV, music, and all other mediums

Client Prospect

Who owns the name? Trademark issue
How do you compose? Everyone? Just one?
When a recording is played the composer/producer get paid, not performer.

Sole Producer-big $

Compulsory License-right to the utilization of the material, but you must pay the one with the rights because you used it. i.e. royalties

Partnership Agreement-Rights, powers, restrictions, dissolution, etc
-The range of things that groups need to think about
-Good to have in case things become litigious

Collaborative Copyrights-the group composes together, etc.

Buyout Provision-when someone leaves the group, they will be bought out

Consistent use of name- very important, cannot just disappear for a number of years, or the name is fair game.

Copyright-comes from early English law (Statute of Ann), Originally it was about being in control. i.e. this book can be in existence, etc.
-Started as sort of censorship stuff

Break up stuff- sometimes you may be forced to make groups think about things they otherwise would not want to.

Mechanical Sales-Literal Actual Sales

orship boards. This case said there was no 1st amm. Protection for films.

Burstyn Case-overturned mutual film saying there is 1st and 14th protection for films.

1st and 14th-film cannot be censored due to it being “sacrilegious”


Skywalker v. Navarro-“2 live crew case” should nasty as they wanna be be censored?
The judge said it was obscene, but cannot be banned by the Sheriff, Sheriff lost on prior restraint grounds.

The Miller test

Prurient Interest-nasty for the sake of being nasty
Patently Offensive-is it?
Redeeming Social Value-is there any what so ever?

Prior Restraint-The government acting to prevent the distribution of materials

Post Hoc- “after the fact”

Brandenburg Test- states may only regulate speech, which is “directed to inciting or producing imminent lawless action as is likely to produce such action”.

-Needs to be more than just mere suggestion
-The medium must “direct” someone to do something
-Must be forseeability and causation

Obscenity-Not protected by the 1st