Entertainment Law Research : Tools & Strategies

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Entertainment Law Research : Tools & Strategies

  1. 1. ©2016 Jon R. Cavicchi Professor & IP Librarian
  2. 2. • Get to know entertainment sources during your law school years (including pricing options) • Do comparative searches using free and premium services • Develop your personal Research Toolkit to keep up to date and have indicated research tools and strategies ready
  3. 3. • Advertising • Broadcasting • Censorship • Confidentiality • Contempt • Copyright • Corporate Law • Defamation • Entertainment • Freedom of information • Internet • Information Technology • Privacy • Telecommunications
  4. 4. News and information about companies that derive revenue mainly from providing recreational and other entertainment services, including companies that operate amusement parks, cruise lines, golf courses, race tracks, theaters (both stage and screen), casinos, and hotels, motels, lodges, resorts, and spas (with or without gaming rooms). Also included are health clubs, country clubs, sports franchises and stadiums, tour guides and operators, arcades, lotteries and gambling (both local and online), restaurants, bars, fast-food facilities, bakeries and large-scale food-catering services, and campgrounds.
  5. 5. Entertainment Law, 3d: Legal Concepts and Business Practices By Thomas D Selz, Melvin Simensky, Patricia Acton, Robert C. Lind
  6. 6. Volume 1 Copyrights Volume 1A Trademarks & Unfair Competition The Rights of Publicity and Privacy The First Amendment Volume 2 Books Volume 3 Motion Pictures Television and Radio Volume 4 Music & Sound Recordings Volume 5 Music Video Plays Photographs Advertising Newspapers Magazines Volume 6 Art Work Tax Considerations Agency Agreements Volume 7 Computers
  7. 7. • For each field, please consider questions – How does the industry generate revenue? – How are new projects green-lit? – Who are the important or dominant players in the industry? – How is this industry faring in recent years? – What challenges does its current business model face? – What roles do lawyers play within this industry? – How big (measured by employees, profits, expenses, products) is the industry? – What else should you know about the industry to provide context for understanding and applying the laws that govern it? – How does the industry define its boundaries, e.g. what do insiders consider to qualify as “videogames” or “non-videogames”?
  8. 8. UNH Law IP Library Physical and virtual holdings
  9. 9. • Only academic IP Library & Librarian in the U.S. • One stop shop: IP and neighboring rights • Comprehensive : 30,000 print volumes • Old to cutting edge materials • Scholarly to news content • Practice materials • Unique content • Global • Interdisciplinary
  10. 10. Most secondary sources in the IP Library are nowhere in e-format
  11. 11. • MelCAT Online Catalog – Strategic searching keywords – Subject headings • Stack browsing • References – Cross references – Footnotes – Other humans • Move from online to print version
  12. 12. • Just as there are in other areas of law – litigation attorneys – transactional attorneys • Entertainment law firms often have a diversified practice group
  13. 13. OVER 10,000 ENTERTAINMENT LAWYERS OVER 10,000 ENTERTAINMENT LAWYERS
  14. 14. JOBS!
  15. 15. • Requirements to Become an Entertainment Lawy • About a Career as a Sports and Entertainment La • Questions to ask an Entertainment Lawyer • Definition of an Entertainment Lawyer • What Is an Entertainment Lawyer? • Jobs in Entertainment Law
  16. 16. • Look for employment with one of the insurance companies that insure performers and companies in the field. • Have the chance to review dozens of contracts as you assist the underwriters in evaluating risks as they write insurance coverage for film producers, entertainment companies, entertainers, publishers, television production companies, and many others in this field. • Have a chance to develop a reputation among those in the industry as someone familiar with the risks and the language. • Have a chance to assist in litigation, learning what happens when things go wrong.
  17. 17. • Huge number and variety of entertainment lawyers and practices • Entertainment lawyers offer LOTS of EXCLUSIVE open and premium web content » Books » Articles » Forms » Blogs » Social media » Video
  18. 18. • Same primary sources • West ahead on treatises • Similar news sources • No entertainment law Library or tabs
  19. 19. • Entertainment lawyers cover so many issues, state, Federal and municpal • No one stop shop of all statutes • Look at Tables of Laws and Cases of major updated treatises • Simple word search hits everything from expense accounts, animal fighting, bombing public places, immigration…
  20. 20. • Title 2 • Title 7 • Title 9 • Title 11 • Title 15 • Title 17 • Title 18 • Title 26 • Title 28 • Title 31 • Title 35 • Title 36 • Title 42 • Title 47
  21. 21. Regulations • Title 8 Aliens • Title 11 Elections • Title 28 Judicial Admin • Title 29 Labor • Title 37 All IP • Title 47 Telecommunications
  22. 22. Agency Procedural Manuals • Entertainment lawyers cover so many issues, state and Federal – Copyright Compendium – Manual of Patent Examining Procedure – Trademark Manual of Examining Procedure – IRS Manual – ANY AGENCY THAT HAS RULES!
  23. 23. Administrative Decisions • Entertainment lawyers cover so many issues, state and Federal – Copyright Appeals Decisions – Board of Patent Appeals – Trademark Trial & Appeal Board – ANY AGENCY THAT HAS RULES!
  24. 24. • Search strategies – Lexis & Westlaw one box & advanced searches • Alert services – Lexis Practice Advisor – Topic & key number / Lexis Outline – Secondary Sources – News Sources – Social media
  25. 25. Foreign & International Any Port in a Storm
  26. 26. Entertainment lawyers cover so many issues that can “go global”… • There is no one stop shop for foreign as and international entertainment related laws • Wexis have spotty general country specific topical areas • Use open web general tools • Use dedicated tools for the topical areas • Use secondary sources • Use entertainment law professionals
  27. 27. Spectrum of secondary sources : scholarship to news Social media TreatisesLaw reviewsNewsletters Professional Journals Reports
  28. 28. Treatises • Mix and match – Dedicated entertainment treatises – Dedicated topics allied to entertainment law – General treatises that have entertainment law • Be a smart MELcat – Subject headings • Performing arts • Entertainers • Motion Pictures • Theatres • Sports – Keywords – Famous authors
  29. 29. Appleman Sports & Entertainment Insurance Law Entertainment Industry Contracts
  30. 30. Thousands of Monographs/Books
  31. 31. More Like This! More Like This!
  32. 32. • UNH Law has 700+ entertainment related treatises and practice titles • No bibliography or guide…
  33. 33. • Cardozo Arts & Entertainment Law Journal — Benjamin N. Cardozo Law School, Yeshiva University. • Cardozo Post-Soviet Media Law & Policy Newsletter • Columbia University Journal of Law and the Arts • Communications and Entertainment Law Journal (Comm/Ent) — University of California, Hastings • Entertainment and Sports Law Review — University of Miami School of Law. • Entertainment and Sports Lawyer • Fordham University Intellectual Property, Media & Entertainment Law Journal • Indiana University Federal Communications Law Journal • Journal of Art and Entertainment Law — DePaul University. • Loyola of Los Angeles Entertainment Law Review — Loyola of Los Angeles. • Marquette Sports Law Journal — Marquette University. • National Sports Law Institute Publications — Marquette University. • South Texas College of Law Entertainment and Sports Law Journal • The DePaul-LCA Journal of Art and Entertainment Law — DePaul College of Law. • Tulane University Sports Lawyers Journal • UCLA Entertainment Law Review — University of California, Los Angeles School of Law. • University of Virginia Journal of Sports and Entertainment Law • University of Virginia Sports and Entertainment Law Journal • Vanderbilt University Journal of Entertainment Law & Practice • Villanova University Sports & Entertainment Law Journal • Yale Journal of Law and the Humanities — Yale University.
  34. 34. Newsletters • Commercial • Bar Journals • Law Firm
  35. 35. • Leisure Week (LEISUREWK) • Variety (Daily) (DLYVAR) • Journal Entertainment Industry (WJENT)
  36. 36. Trade Magazines
  37. 37. • Look for dedicated entertainment law and practice content • Traditional general practice tools LexisNexis CD - Entertainment Industry Contracts
  38. 38. • Gray literature is a field in library and information science. • Used variably by intellectual community, librarians, and research professionals to refer to a body of materials that cannot be found easily through conventional channels such as publishers • but which is frequently original and usually recent • Debachere, M. C. (1995). "Problems in obtaining grey literature". IFL4 Journal 21 (2): 94–98. doi:10.1177/034003529502100205
  39. 39. Associations Research Rule: Use a Human Being New Term: Crowd sourcing
  40. 40. • UCLA • USC • Stanford • Loyola • Pepperdine • Cal Western • Thomas Jefferson • NYU • Columbia • Yeshiva • Tulane University • Vanderbilt University • Duke University • Yale University • University of Michigan • University of Miami • Temple University • Washington & Lee University • University of South Carolina • Seattle University
  41. 41. Industry Associations, Organizations, Guilds & Unions • Academy of Motion Picture Arts & Sciences • Academy of Television Arts & Sciences • Alliance of Special Effects and Pyrotechnic Operators (ASEPO) • American Cinematheque • American Film Institute • American Film Marketing Association See: Independent Film and Television Alliance • American Society of Cinematographers • American Society of Composers, Authors & Radio Artists • Association of Independent Commercial Producers • Association of Independent Video & Filmmakers • Association of Talent Agents • California Cable and Telecommunications Association • Casting Society of America • Film Independent • Independent Film & Television Alliance • International Documentary Association • Motion Picture Association of America (MPPA) • Music Video Production Association • National Association of Theater Owners (NATO) • Production Equipment Rental Association • The Recording Academy • Set Decorator's Society of America • Stuntmen Association • United Stuntwomen's Associatio • Video Software Dealers Association • Women In Film • Alliance of Motion Picture and Television Producers • American Federation of Television & Radio Artists (AFTRA) • Director's Guild of America • International Alliance of Theatrical Stage Employees (IATSE • Location Managers Guild of America • Motion Picture Editors Guild • Motion Picture Sound Editors • Producer's Guild of America • Screen Actor's Guild • Teamsters - Location Managers, Drivers, Dispatchers, Autoservice • Writers Guild of America
  42. 42. Legal
  43. 43. • Investigating the copyright status of a work – Remember the “bundle of rights” divisible – A focused search of a work's registrations, renewals, and assignment history. • Copyright Office does not perform a search to determine whether a work is original. • Searches are not necessary under the copyright code.
  44. 44. Searching Industry Specific Licensing Organizations
  45. 45. • Occult data – SEC filings for public companies
  46. 46. Copyright Royalty Rates • Copyright Office mandates • Licensing Royalty Rates (Kluwer) – royalty rates for over 1,500 products and services in ten lucrative licensed product categories—art, celebrity, character and entertainment, collegiate, corporate, designer, event, sports, nonprofit and music.
  47. 47. Staying up to date…. Jon R. Cavicchi, Intellectual Property Research Tools and Strategies Keeping Up To Date With IP News Services And Blogs: Drowning In A Sea Of Sameness? 46 IDEA 453 (2006).
  48. 48. Email based newsletters • Legal Publishers • Law Firms • Government sites • NGOs • Solutions providers • Academics/law schools • Blogs
  49. 49. Social Media RU an IP TWEEP?
  50. 50. Entertainment Law Blogs • Most popular • Most informative • Most scholarly • Most useful • How to find them • How to evaluate them • How to use them • How to search them • How to manipulate them
  51. 51. Some evaluation questions • Who is the blogger? With so many blogs offering spotty or nonexistent “about” pages, this may be a clue in itself. • What sorts of materials is the blogger reading or citing? • Does this blogger have influence? Is the blog well-established? Who and how many people link to the blog? Who is commenting? Does this blog appear to be part of a community? • Is this content covered in any depth, with any authority? • How sophisticated is the language, the spelling? • Is this blog alive? It there a substantial archive? How current are the posts? • At what point in a story’s lifetime did a post appear? Examining a story’s date may offer clues as to the reliability of a blog entry. • Is the site upfront about its bias? Does it recognize/discuss other points of view? (For certain information tasks–an essay or debate–bias may be especially useful. Students need to recognize it.) • If the blogger is not a traditional “expert,” is this a first-hand view that would also be valuable for research? Is it a unique perspective? • http://21cif.com/rkitp/assessment/v1n5/blog_evaluation_assessment_v1n5.html
  52. 52. Twitter • Often first instance of IP news • Most law firms and IP organizations tweet • Links in tweets may be only place to get a doc • “Tweets get buried and lost…Twitter is useless” – Set up two twitter accounts • One for PR or fun & other to follow select few • Tweets are now searchable on Google
  53. 53. Podcasts

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