About Entertainment Lawyers
An entertainment lawyer engages in the practice of several different types of law. Through the Madrid Protocol, an entertainment attorney can register a trademark in multiple countries with a single application.
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Significance
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An entertainment lawyer practices a great deal of intellectual property law, encompassing trademarks and copyrights, in addition to corporate law, securities law, litigation, immigration law, agency and contract law. Entertainment lawyers represent clients in television, film, literature, music and even video games and software. An entertainment lawyer spends a great deal of time drafting and negotiating contracts and agreements. Because of this work, an entertainment lawyer is often known as a transactional lawyer.
Types
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Intellectual property, or IP, is the bread and butter of any entertainment lawyer. IP law covers "works of the mind," such as music, literature and art. While IP does include patent law, an entertainment lawyer only works in copyrights and trademarks. In entertainment law, IP law is used to protect the rights to use a particular name, or trademark, as well as the original works of an artist.
Litigation, the process of resolving disputes through the courts or alternative dispute resolution such as mediation or arbitration, also prominently figures into an entertainment lawyer's practice. Lawsuits stem from libel and slander, defamation, breaches of contract, fair use and licensing issues.
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Geography
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An entertainment lawyer practices law not only in his or her state, but also across the United States and even internationally. For example, an entertainment lawyer can represent a client located in Massachusetts, negotiate deals with lawyers in California and prepare licensing and trademark agreements to allow the works to be used in Russia.
Considerations
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The Madrid Protocol is the international trademark protection system that allows U.S. trademark holders and applicants to register their trademarks internationally. It is a treaty signed by the United States and the European Union, among other countries. A United States entertainment lawyer would submit an application for a trademark to the U.S. Patent and Trademark Office for an international trademark under the Madrid Protocol, rather than having to submit the application to agencies in multiple countries.
Identification
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The American Bar Association has formed a Forum on Entertainment and Sports, which is divided into sections to address the needs of entertainment and sports lawyers. Entertainment lawyers work in these areas of the forum: Motion Pictures; Television, Cable & Radio; Music & Personal Appearance; Theater & Performing Arts; Literary Publishing; Litigation; Visual Arts; Merchandising & Licensing; and Interactive & New Media Technologies.
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