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Entertainment Law
WMU-Cooley Law School
Dulan, Steven

Entertainment Law Outline
 
 
Chapter 1
 
Agents:
Procure employment
Usually get around 10%
NY and CA require license
CA – recording label contracts, no license required
NY – incidental exception
 
Personal Managers:
Does whatever the talent wants them to do
Duties depend on the agreement between them
Usually around 15-20%
 
Business Managers:
No license required
Collecting and Dispersing funds and advise on investments
Usually collects around 5%
 
Remember, agents can perform manager duties, but managers cannot perform agent duties
 
Attorneys:
Rules of Professional Responsibility still in pay
Usually gets around 5%
Full-service meaning, you don’t do work for other clients unless you agree otherwise
Establishing Attorney-Client Relationship
Created when client reasonably relies on advice
Should formally create professional relationship – memorialize in writing
Duty of Competence
Requires legal knowledge, skill, thoroughness, and preparedness
Complexity and specialized nature of matter come into play
Case of 1st impression – can research, consult to become compotent
Conflicts of Interests
Concurrent and Former
Concurrent
Exists when directly adverse or significant risk of materially limited responsibilities to client
Waivable ONLY IF
Reasonably believes can provide competent and diligent representation to each client
Not prohibited by law
Not in the same litigation
Each client gives consent, confirmed in writing
Business Transactions
In writing
Fair and Reasonable
Advise and aware to seek independent counsel to go over deal
Consent
3rd Party
When someone else is paying the fees
Consent, but 3rd party does not control
Kick Billy Ray out to talk to Miley
Literary Rights
Cannot do this until case is over
Former Clients
Consent, confirmed in writing if same or substantially related matter
Do not always need consent
Are you using former clients confidential information? Yes = consent
Substantially related matter? If no = no consent
Merging roles
Still under MR even when acting as an agent
In agreement, specifically state I’m an attorney, but not contracting for legal services
Advertising
No in-person
Certification – must be approved
Truthful and not misleading
Fees
No referral fees unless you did some work on the case
Must be reasonable
Contingency Fees
Must be in writing
Cap is 49%, cannot be equal with client
Usually around 1/3
Hourly
Flat
Good idea to have fee arrangements in writing
Attorneys usually get around 5%
 
Cases from Chapter 1
Pine v. Laine
Issue: A

se credit can lead to future work
Issues in credit by K
Whether K requiring credit be given does exist
Remedies that are available
Cleary v. NewsCorp
Roberts Rules of Order
Given credit to 2 earlier editions, but not on the latest
Did as Work for Hire
Being paid to create for someone else
Can choose to give them credit
Court
Not in the K, so no right to it
Gold Leaf – Peter Frampton case
Frampton contract for above the title billing for movie. Producers wanted to add Bee Gees next to him
Remedy
Frampton gets sole billing on Poster
Soundtrack had both names
Other remedies available
Money damages, specific performance
Recalls for situations like this one
Tamarind
Agreed to credit but failed to put name on it
Specific Performances requisites
The inadequacy of legal remedy (damages)
Underlying K that is both reasonable and supported by consideration
Existences of a mutuality of remedies
Definite contract terms
Substantial similarity of the requested performance to that promised in the K