Preparing The Plan

During my time at Full Sail I have experienced a reoccurring theme. The theme is a culture of detailed research and due diligence. Entertainment law is probably the single most important aspect of an entertainment business plan. The laws that govern media are changing on a daily basis. Cases such as the Viacom Intl., et. al. v. YouTube, Inc., et. al. will set new precedents as it pertains to copyright laws. The best way to make sure a business gets off to a good start is to explore all potential risks and liabilities. Ignorance of the law is not an acceptable defense in a court of law should you find yourself there. Viacom sued YouTube for this very reason, claiming that YouTube turned a blind eye to the protected content uploaded by users. The courts disagreed with Viacom the judge believed that YouTube was only responsible for removing protected content when they were notified. The case is currently under appeal.

The importance of entertainment law can also be seen in networking. When dealing with a potential client you can gauge their level of professionalism by how many legal steps they have taken to protect them. As a music producer I like to ask the artist I work with if their material is protected. The artist that takes the time to register with a performance rights organization or trademark their logo is more likely to be a more lucrative client.

Reviewing blogs and podcasts are also a great way to gain some of this knowledge. The problem people often have is they’re not sure where to start. Getting legal advice if you can afford it is the best solution. Internet and library research will solve a lot of the initial issues at the inception. The laws may change overtime but a good business man should either see signs that things are changing or know that ethically they’re in a position to fight.