THE law affects every aspect of life. In this week’s article, I will look at the legal structure of the entertainment industry and how artists and entertainers need to put their affairs in order from a legal perspective. Entertainment is often seen as a very informal space.
As true as they may sometimes seem, without a legal framework in place, a lot of artistic products, including music albums and live shows would not be possible. I will begin by addressing the pillars of entertainment law.
Foundations of entertainment law
The law of copyright and trademarks are key components of entertainment law. Copyright law protects artists’ creative works, such as movies, music, and books, from being copied or circulated without authorisation. Trademark law, on the other hand, protects the logos, brand names, and other distinctive symbols of enterprises in the entertainment industry.
Employment law
Another important part of entertainment law is employment law. Entertainment lawyers advise clients on employee classification issues, including whether a person should be classed as an employee or an independent contractor. They also deal with issues such as discrimination, unlawful termination, and harassment.
Contract dispute resolution
Entertainment lawyers negotiate and draft contracts for producers, musicians, directors, and other industry professionals. These agreements explain their job terms, such as royalties, remuneration and ownership rights.
Litigation
Conflicts often emerge over breach of contract, copyright infringement, and other legal matters. Entertainment attorneys represent clients in tribunals and offer legal advice and guidance throughout the litigation procedure.
Negotiation of contracts
Artists’ and athletes’ lives are frequently linked to complex, high-dollar contracts that might include various industry-specific stipulations (such as intellectual property provisions, non-competition covenants, exclusivity agreements, assignment obligations, or morals clauses). The financial success of entertainers, artists, performers, and athletes is frequently dependent on the successful negotiation and execution of performance, service, financing, publishing, or licensing agreements with a diverse range of counter-parties, such as entertainment companies, professional franchises, sponsors, agents and managers, public relations firms, and others. Oftentimes, entertainers negotiate agreements on their own without any legal guidance.
This results in lopsided contracts like the one South African artiste Emtee reportedly signed where he had a very successful catalogue of music, but received a pittance in return. Unfair contract agreements can be reviewed, prepared, negotiated, and enforced with the help of an expert attorney.
Publicity & protecting intellectual property
One of the most pressing legal concerns for entertainers and athletes is the monetisation and protection of their commercial identities. Celebrities and other prominent personalities can benefit significantly from branding, endorsement, and product placement deals. Such agreements not only give a source of revenue, but also connect personal identities with the cachet and goodwill of another brand.
An experienced legal practitioner can also guide entertainers through the process of copyright and trademark protection and registration, licensing such rights to third parties, and enforcing rights against third-party infringers. The establishment of intellectual property rights, as well as the capacity to use those rights in diverse economic contexts, is critical for creatives and athletes to maximise their financial potential. Commercial deals in the entertainment and sports industries come in different kinds and sizes, but the monetisation and exploitation of creative content, brands, and performance are at the heart of them. Having an experienced, dedicated attorney on your side is critical in protecting entertainers’ interests.
Dispute resolution & litigation
Intellectual property, contract, right of publicity, and various other disputes can often arise in the entertainment and sports industries and such disputes account for many of the legal issues affecting entertainers and athletes. In addition to handling disputes related to copyright and trademark infringement, an attorney can act as a valuable advisor to resolve disputes before they rise to the level of litigation.
Of course, sometimes litigation is the only option available to assert rights against a third party or to defend against claims. In such cases, an experienced attorney conversant with both litigation and the underlying industry is best situated to aggressively represent his or her client’s interests in the dispute.
Business planning & strategy
To cover a wide range of activities and revenue streams, today’s artists, performers, and athletes’ diverse business models necessitate good legal awareness. As with the formation of other sorts of businesses, the setup stage is critical to the enterprise’s future success. Because of recent changes in the components of a successful business strategy, having a competent specialist on your side is even more crucial. The changing economics of today’s music industry, notably in the age of streaming content and Covid-19, have caused such developments.
A skilled lawyer can help with the development and administration of music record labels, as well as the purchase and exploitation of creative content and digital media. Sponsorship opportunities, licensing, branding, and monetisation of personal identities are some of the other strategic legal areas in which creatives and athletes stand to gain. These top legal challenges impacting entertainers and sportsmen deserve careful thought, from business formation and intellectual property protection to legal contracts and dispute resolution. Legal representation can help entertainers and athletes maximise their commercial opportunities, while also protecting their rights.
Muza is a duly admitted lawyer with expertise in business advisory, labour law and commercial litigation. He writes in his personal capacity. For feedback, email him at hilarykmuza@gmail.com or call on +263719042628.