Entertainment Law & Litigation
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Entertainment Law & Litigation (2017-2018 Edition), edited by Charles J. Harder, provides in-depth discussion and analysis of the substantive law regarding the subjects that most frequently arise in entertainment law and litigation, and provides guidelines, tips and recommendations on how to properly litigate in these areas, on behalf of both plaintiffs and defendants, including studios, talent and independent producers and distributors. This comprehensive volume also includes sample complaints, briefs, motions and other practice materials. With contributed chapters from top lawyers in the field, Harder and his co-authors tackle virtually all aspects of entertainment law, using the most up-to-date substantive law and practice guidelines, including in-depth discussion of the following subject areas: copyright infringement and idea submission, trademark infringement, right of publicity, defamation, anti-SLAPP law, invasion of privacy and stalking, Talent Agencies Act, profit participation and audit claims, labor and employment litigation and insurance law as they relate to the entertainment industries. The 2017-2018 Edition has been updated with new information on the following subject areas: copyright infringement and idea submission, trademark infringement, right of publicity, defamation, anti-SLAPP law, invasion of privacy and stalking, Talent Agencies Act, profit participation and audit claims, labor and employment litigation and insurance law as they relate to the entertainment industries. Discussion focuses on federal law and state-specific laws and procedures in California and New York, and also covers the substantive and procedural law in both Canada and the U.K.Features
• Analyzes the substantive law related to subjects that most frequently arise in entertainment litigation, including copyright, trademark, right of publicity, right of privacy and stalking, defamation and obscenity, anti-SLAPP, profit participation and audit claims, Talent Agency Act, employment law and insurance law
• Offers guidelines, tips, and recommendations on all of these topics from leading practitioners in the field
• Covers federal law, state specific law in California and New York, and international coverage of Canada and the U.K.
"Entertainment Law & Litigation is current, comprehensive, balanced and easily readable -- a must-have for all civil lawyers and judges. Its detailed analysis of complex entertainment legal issues will guide even the most experienced entertainment attorney. For lawyers who might only occasionally handle an entertainment-related matter, Entertainment Law & Litigation provides step-by-step how-to's and understandable case examples. Judges will turn to this treatise as well when issues unique to the entertainment industry arise in their cases. Authored by the most successful and knowledgeable entertainment practitioners, Entertainment Law & Litigation is an invaluable resource."
--Hon. Terry B. Friedman (Ret.)
"Entertainment Law & Litigation is written by leading litigators experienced in the entertainment industry. As general counsel of one of the studios, I hired a number of them and battled a few others. They know of what they write; they set it forth clearly, enjoyably, and helpfully--for both the experienced and the neophyte."
--John Schulman, former General Counsel, Warner Bros. Studios
"With contributions from leading practitioners in the field, Entertainment Law & Litigation is a very useful bench book for all lawyers, from those who occasionally handle entertainment matters to those who do so every day. Its chapters cover many substantive topics, from IP law (copyright, trademark, and right of publicity), defamation and anti-SLAPP, to profit participation, the Talent Agencies Act, Labor and Employment, Insurance Coverage, and litigation procedure. It is rare to find so many different topics covered so thoroughly in one book. I will keep my copy close at hand and refer to it regularly."
--Scott A. Edelman
Co-Chair, Media Entertainment and Technology, Gibson Dunn & Crutcher
Table of Contents
Chapter 1 The Litigation Process--Relevant to Entertainment Litigation
Chapter 2 Right of Publicity Litigation
Chapter 3 Copyright Infringement (Direct)
Chapter 4 Copyright: Indirect Infringement and Secondary Liability
Chapter 5 Disputes over Literary Contributions Outside the Realm of Copyright (Implied-in-Fact Contracts, Express Contracts, Confidential Relationships, and Screen Credit)
Chapter 6 Trademark Law and Unfair Competition Law
Chapter 7 Profit Participation Claims
Chapter 8 The Talent Agencies Act
Chapter 9 Defamation (Libel and Slander), Obscenity, and Regulation of Speech
Chapter 10 California's Anti-SLAPP Law
Chapter 11 Invasion of Privacy, Stalking, and Harassment
Chapter 12 Labor and Employment Litigation in the Entertainment Industries
Chapter 13 Insurance Coverage and Litigation in the Entertainment Industries
Chapter 14 New York Law and Procedure
Chapter 15 Canadian Law and Procedure
Chapter 16 United Kingdom Law and Procedure