Premium Essay

Drafting and Negotiating Entertainment Contracts and the Effects of Piracy

In: Film and Music

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

: Negotiating with the Chinese: a Socio-Cultural Analysis

...Title: Negotiating with the Chinese: A Socio-Cultural Analysis Author(s): Tony Fang and Pervez Ghauri Source: Journal of World Business. 36.3 (Fall 2001): p303. Document Type: Article Full Text: COPYRIGHT 2001 JAI Press, Inc. Full Text: China has been one of the most favorite markets for Western firms for the last decade. However, doing business with China is considered difficult, mainly because negotiating with Chinese counterparts is quite complex. This paper analyses the negotiation process with China from a socio-cultural perspective. A Swedish multinational, Ericsson, is followed for several years and its negotiation process for different Chinese projects in the telecommunication industry is studied in depth. Based on these cases and literature a model is developed and some conclusions are drawn. Finally, managerial implications presented as four Ps: Priority, Patience, Price and People sum up the essence of Chinese business negotiation process. The People's Republic of China (PRC) started to open up its economy to the rest of the world in December 1978. Since then, Western business communities have been enthusiastic about China--the world's largest emerging market with more than one billion consumers. The Western enthusiasm for China decreased somewhat during a period following the Tiananmen Square incident in June 1989. But it rebounded and increased even more vigorously in the 1990s. China's rank in world trade rose from 32nd in 1978 to 9th today. By the...

Words: 9170 - Pages: 37

Free Essay

Piracy

...girl unless she was forced. Pirates often turned to piracy in protest against oppressive conditions at home or on merchant ships. The life of a free unrestrained outlaw is what they sought. While there aren’t very many real pirates left in the world today we do still have a major problem with piracy. Pirates no longer require war ships, daggers or swords just computers and advanced technology. People who rebel against the common laws of our nations and who only care about filling their pockets and about their own well-being. Today’s pirates are pirates of technology, stealing information from cds’, dvds’, blue rays’ and computer software. Easy money with little work and a huge return. We can see movies not yet released, listen to music that hasn’t come available yet and get the latest computer software at half the cost. For some people, these pirates are awesome and saves them a bunch of money they either don’t have or don’t want to spend. Others just consider them thieves. They are stealing information from corporations and movie companies and costing them billions of dollars each year. These are people who cheat the system and should suffer the consequences. Piracy affects all of us. It starts with the movie companies and corporations losing money therefore the artist or creator of the information loses money and that loss is passed down to the average consumer who actually goes to the store to buy a movie or cd. Piracy is quite obviously an accepted method of receiving......

Words: 621 - Pages: 3

Premium Essay

Entertainment

...Paper on Entertainment and Social Media Abstract Entertainment has a significant influence on the people. The effects of entertainment can both be positive and negative. This influence of the entertainment industry has grown tremendously over the years. The influence can be greatly attributed to the advancement of technology. Entertainment is mostly through the media which includes; the television, magazines, newspapers, radio, and internet, among others. The influence of entertainment on the younger generation affects the way that they dress, talk, and act. This is because the current generation and society depends on entertainment as a form of communication and information. The society, therefore, turns to entertainment for the daily activities like education, health care, traveling, work, and personal relationships. This paper is going to look at the effects of entertainment on the younger generation. In addition, it is going to look at how entertainment affects the young generation in terms of their acts, the way they dress, and talk. Introduction A nation like America is an example, of a country that has developed in terms of entertainment (Fisher 58). It is one of the countries that has got and has produced some of the greatest entertainers. The country is one of the leading producers of entertainment in the planet. In addition, it is one of the nations that there is a greater influence of entertainment on the younger generation. The effects of entertainment on the......

Words: 3136 - Pages: 13

Premium Essay

Piracy

...Klodd Moore Mr. Vauhn EN 1320 8/7/13 Piracy vs. Copyright Violation The ongoing dispute over illegal Internet-based file sharing between the entertainment and software industries and the vast, online pirating community has been one of the most debated topics. Gripping public attention for the past decades. Napster, a website created by a college dropout became an empire. Used by hundreds of millions of people, that robs billions in revenue each year. Although these rogue websites claimed to only be hosts for illegal file sharing, the United States government took action to eliminate Internet piracy and protect copyright by implementing digital encryption technologies and strict laws that prohibit tampering with these encryptions. The trafficking of copyrighted goods must be put to an end because it promotes illegal transactions of an owner’s intellectual property, causing sales in the entertainment and software industries to plummet and thereby restricts the growth of the economy. Internet piracy is the unlawful reproduction and/or distribution of any copyrighted digital file without the permission from the owner. It is driven by the consumers demand for a desirable product that would otherwise be unobtainable, either because of financial limitations or cultural factors, such as the Chinese culture’s emphasis that the free sharing of knowledge creates and preserves both civilization and traditional values across generations (Lu 310). Consequently, such a mindset that......

Words: 1422 - Pages: 6

Premium Essay

Software Piracy

...positive, however; with the increased anonymity and ease of sharing information, piracy has become a very real issue for companies, both in and out of the workplace. Piracy can be segmented into two main industries; the multimedia industry which involves the copying of songs, videos and games, and the software industry which is the copying of software licences. For the purpose of this paper, we will be discussing the implications of software piracy, its effects on everyday businesses, and also briefly cover the effects on the industry itself. We will apply the theoretical framework and specify what this issue means to business managers in a practical setting. History Software Piracy originated in the 1960’s when the CD-RW drive was invented and floppy disks were traded. Since that time, the industry has grown significantly, especially in developing countries, resulting in billions of dollars of lost economic benefits and tax revenue. Prior to the 1980’s, one could pirate software without any legal implications. However, in the late 1970’s, Bill Gates, founder of Microsoft, lobbied for legislation to protect the integrity of software. When an individual or organization purchases software, it is the license to use the software that is purchased, not the software itself. As a result, Software Piracy is now an illegal act in most countries. One of the main advantages of Software Piracy is cost: the software is free or almost free to obtain. In addition, the......

Words: 1911 - Pages: 8

Premium Essay

Music Piracy and Its Effects on the Demand, Supply, and Prosperity of the Music Industry

...Music Piracy and its Effects on the Demand, Supply, and Prosperity of the Music Industry Abstract In an era where pop culture and technology are rapidly growing, intertwining and becoming embedded in the everyday lives of Americans, it was inevitable that their paths would cross. Possibly the most affected medium of pop culture is the music industry. The growth and development of the internet is either their biggest gift or biggest curse. Modern technology has made wide-scale trading of music possible in the form of MP3 files available over the internet for free. Users can simply upload the files to these sharing sites and millions of others at any given time have the ability to download it from them. The Recording Industry Association of America, however, doesn’t share the enthusiasm about these file sharing practices. To them, it is stealing from the record company and from the artist themselves. Consumers don’t tend to see it that way. The issue that arises here is whether or not should music be accessible for free trade over the internet. On the one hand, it is thought that MP3 downloads reduce sales of legitimate CDs. On the other hand, it can be argued that downloading free MP3s could actually encourage someone to buy a CD which they may not have purchased had they not heard it in its entirety. This is known as the sampling effect. The focus of this research paper will be to paper analyze the impact of music file sharing on the demand, supply, and......

Words: 6792 - Pages: 28

Premium Essay

Software Piracy

...Copyright and Book Piracy in Pakistan Khalid Mahmood Department of Library & Information Science, University of the Punjab, Lahore Muhammad Ilyas Department of Library & Information Science, University of Balochistan, Quetta Copyright Defined Copyright is a legal term describing rights given to creators for their literary and artistic works. Kinds of works covered by copyright include: literary works such as novels, poems, plays, reference works, newspapers and computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs and sculpture; architecture; and advertisements, maps and technical drawings. Legal Definition of Copyright According to The Copyright Ordinance, 1962 The exclusive right to reproduce the work in any material form to publish the work to perform the work in public to produce, reproduce, perform or publish any translation of the work to broadcast the work to make any adaptation of the work Book Piracy Deliberate infringement of copyright on intellectual property and an absolute disregard for ownership or authorship of literary works OR Using another person’s opinion, ideas or works as if they were one’s own and without making any attempt at acknowledging their true source The Berne Convention Adopted by an international conference held in 1886 at Berne, Switzerland 8th amendment in 1979 Salient features: National......

Words: 1254 - Pages: 6

Free Essay

Piracy

...COMM 340 (03) Team #6 PIRACY: AVOIDING ATTACKS AND MINIMIZING THE IMPACTS Brock Josuttes 11094753 Nathan Keck 11123768 Josh MacGowan 11108277 Brittany Saunders 11099828 Brenley Schaan 11142699   PIRACY:  AVOIDING  ATTACKS  AND  MINIMIZING  THE  IMPACTS   2   TABLE OF CONTENTS Introduction .......................................................................................................................3 Anticipation .......................................................................................................................3 Location Risk ....................................................................................................................4 Northern and Western Indian Ocean.............................................................................4 Southeast Asia ..............................................................................................................4 Gulf of Guinea ...............................................................................................................4 Economic Risk ..................................................................................................................5 Prevention of Piracy (Currently Used Methods) ...............................................................5 Security .........................................................................................................................6 Strategic Route Selection ...............

Words: 3256 - Pages: 14

Premium Essay

Negotiating

...Press • Princeton, New Jersey MANAGING ACROSS CULTURES NEGOTIATING ACROSS CULTURES NEGOTIATING ACROSS CULTURES Published by: PRINCETON TRAINING PRESS Princeton, New Jersey a division of TRAINING MANAGEMENT CORPORATION 600 Alexander Road Princeton, New Jersey 08540-6011 USA Tel: Fax: Web: Email: (609) 951-0525 (609) 951-0395 www.tmcorp.com info@tmcorp.com Editor-in-Chief: Series Manager: Writer: Cover Design: Interior Design: Monique Rinere-Güven, Ph.D. Talia Bloch Robert J. Greenleaf Donna Lukis Bonnie Jacobs © 2000 TRAINING MANAGEMENT CORPORATION. Managing Across Cultures Series: Negotiating Across Cultures 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 or otherwise, without the prior written permission of the publisher. Printed in the United States of America ISBN: 1-882390-911 The Cultural Orientations Indicator®, COI® and TMC’s graphical depiction of our Cultural Orientations Model are registered trademarks of Training Management Corporation; Registration: 2,329,085 and 2,361,803. 4 Training Management Corporation TABLE OF Preface OF CONTENTS TABLE CONTENTS iii Introduction 1 Negotiation Defined Negotiating Across Cultures Chapter One: The Impact of Culture on Negotiating Behavior Case Scenario The Ten Dimensions of......

Words: 37310 - Pages: 150

Free Essay

Piracy

...known major market for “knock-off” products and counterfeiting production. Many US manufacturers are involved at various levels in efforts to stem losses emanating from the Pacific Rim Region. The paper looks at some of the implications of this economic issue and how Pfizer Incorporated, as part of the American research-based pharmaceutical industry approached it. The paper examines the history of counterfeiting and reasons why China had become a significant global source for fake products. The author discusses the degree to which illegal counterfeiting of western-made goods is undertaken in China. The paper examines the role of industry, governments and consumers in the trade of goods produced as a result of intellectual property piracy. The author concludes his paper by drawing a parallel between Chinese action in global political matters and its approach to global trade matters. - THIS PAGE INTENTIONALLY LEFT BLANK - TABLE OF CONTENTS ABSTRACT III PREFACE vii PRODUCT COUNTERFEITING IN CHINA AND ONE AMERICAN COMPANY’S RESPONSE 1 Historical synopsis of Chinese – U.S. relations 2 Chinese transition to world economy 3 Pfizer Incorporated 5 The counterfeiting problem 7 Pfizer’s Anti-Counterfeiting Efforts 10 Pfizer’s Road Ahead 14 Other Corporate responses 16 THE Chinese position 18 American governmental efforts 20 chinese intentions 21 ENDNOTES 23 BIBLIOGRAPHY 27 - This Page......

Words: 8985 - Pages: 36

Premium Essay

Negotiating

...The Art of Negotiating 1 The Art of Negotiating Negotiating Pressure Points, Negotiating with Non-Americans Edward Dingle, Jr. Strayer University Business 302 Instructor: Professor Pauline Tonsil 5, March 2011 The Art of Negotiating 2 The Art of Negotiating Negotiating Pressure Points, Negotiating with Non-Americans Power Negotiators know that they can get a much better deal if they know how to apply negotiating pressure points. Time can be either a friend or a foe. Two tactics related to time that you need to understand are time pressure and time investment. The time pressure tactic indicates that if one side is under time pressure to come to an agreement quickly, it gives the other side tremendous negotiating power. The secret to using time pressure as a tactic is to find out the other side’s deadline, but not let them figure out your deadline. This important because most significant concessions in any negotiation will be pushed very close to the deadline. This happens for two reasons. First, people faced with a deadline usually tend to procrastinate. And second, people tend to become a lot more flexible when confronted with time pressure. If you want to see how time can be used as a negotiating tool, just watch some children try getting concessions from their parents. Children know all about time pressure. If they want something, they ask for it just at the last moment. They wait until you're rushing out the door when you’re already......

Words: 1345 - Pages: 6

Premium Essay

Contract Law

...Contract Law Employment Contracts Entry Level vs. Executive Entry Level Contracts The contract that is being introduced is for an entry-level position at Taboo Resort Golf and Spa. The contract itself is very generic and can apply to any entry-level position at the resort. Although the contract does not speak to specific position, it was presented to a future front desk agent. The contract is not lengthy and is divided into sections. This method assures that the future employee is reading the full contract and is not missing any important or valuable information. The following will deconstruct the contract in order to show how the resort showcases risk management. Hours, Wages &Gratuities The contract first outlines the duration of your work period. In this case a six-month period was discussed and agreed to. The front desk agent was considered as a full time position therefore it was expected to have forty hours of work a week. However, the contract notes in bold, “Please note that hours are based on business, we cannot always guarantee 40 hours per week.” This is a great example of how Taboo Resort saves them from explaining to employees why they may not be getting many hours. Though they are considered full time, it states in the contract that they are not promised these hours due to the nature of the industry. However is you are keen on working forty or more hours there is always a way to negotiate. At a resort there are many departments that need......

Words: 2682 - Pages: 11

Free Essay

Effect of the Internet on the Entertainment Industry

...The advent of the internet has had a profound effect on countless aspects of our lives. Since the internet’s commercialization and availability to the general public in 1995, its impact and influence on our culture and commerce has been immeasurable. Nearly every industry has been affected to some extent or another by the widespread use of the internet. The entertainment industry has received seemingly endless media coverage pertaining to the industry’s adaptation, or lack of adaptation, to the new age of the internet. The entertainment industry (also informally known as show business or show biz) is a broad term for the industry of providing entertainment, which includes the sub-industries of radio, television, film, music, and theatre. This industry has gone through an enormous transformation since the internet’s inception in 1995. The internet continues to pose many challenges and opportunities to the industry. This paper will examine the impact, both positive and negative, that the internet has on the entertainment industry. Media coverage indicates that, among the entertainment industry, the film and music industries have been most affected by the World Wide Web. However, the other forms of the entertainment world have, albeit to a lesser extent, been affected as well. The least affected area of show business is theatre. The very nature of theatre is to view a performance live and in-person. There are websites, such as Arte Live Web, that do broadcast live......

Words: 3563 - Pages: 15

Premium Essay

Piracy

...Piracy- Now a major offense PHI 300 SEC 1 EMPL ID 773958 In America, the RIAA (Recording Industry Association of America) is the trade organization that works to protect intellectual property of artists and music labels. They attempt to prevent piracy of artists’ work by in some cases prosecuting offenders. According to the RIAA, global piracy causes $12.5 billion of economic losses every year, 71060 U.S. jobs lost, a loss of $2.7 billion in workers earnings (RIAA). How exactly then do prosecutors solve this issue? Their answer is to sue for excessive amounts, and even prosecuting to where it can lead up to 5 years in prison. One prime example of this unfair justice is the fairly new case involving Jammie Thomas-Rasset, who illegally downloaded over 1700 songs from a p2p network. It is unethical for such a corporation to incarcerate or even sue for such a misdemeanor offense (Barret, 2010). The evolution of how we obtain music has become easier to the public due to programs that allow people to download single songs or even albums, preventing them from having to leave their homes. Although it may seem effortless, downloading music has some stipulations that go along with how you are receiving the files. Basically what it boils down to is, if you did not pay for it, then it is illegal and considered piracy (RIAA). Illegal actions should be dealt with, but the question is, “Should the RIAA be rewarded such unruly amounts of cash, or better yet send people to jail......

Words: 1326 - Pages: 6

Free Essay

Adult Entertainment and It's Effect on Society

...Adult Entertainment: The Effect it has on Local Politics, Taxes, & Society Lindsey M. Chapman BUS 670: Legal Environment Professor Kim Stock-Foster May 21, 2012 While planning the development and growth of any city, most government officials do not keep the idea of adult entertainment type businesses at the top of their list or in the front of their minds; however almost any and every city of any size will have to encounter this type of business at some point in time. Adult entertainment type businesses come with their own type of issues when it comes to tax laws, business permits, and so forth, but in the past these types of businesses have been able to utilize their First Amendment Rights to defend their style of business, but when these types of businesses are utilizing local tax money to protect and defend their businesses when is enough, enough? It is well known that many people will turn to adult entertainment, not only for entertainment but for work for the simple fact of making a significant amount of money in a very short time; however what kind of impact do these types of businesses have on local governments and societies when the majority of the employees do not pay any taxes on their income? The following paper will describe the effects that adult entertainment businesses have on local governments, the tax laws, and the effects these taxes have on the society of the environment the business is in. Throughout history there have been many...

Words: 2860 - Pages: 12

Page 138 | Accessories | Bolsos de la aptitud