Protect Your Brand

As a manager one of the most important things to do for your talent is to protect their image. Making sure your talents content is properly placed in places that reflect positively on their brand is a key part of this. Protecting their content is the only way to have any control over placement. A TV show is no different. Sometimes clips of TV shows are used in music and other forms of media. There are ways to

The Tyesha Talks Show (L) Host: Tyesha Spells,
Marcellus, Yung Juve, and Adj B

protect the media, and there are fair ways for others to use the media.

When someone uses your content without permission there is a four-part test to determine if the user infringed. First and foremost you must own the copyrights or trademark. Secondly, the purpose of the use of the materials has to be either Educational, for reference in commentary like the news, or as a parody. Third they will see how much was used and how recognizable is the portion that was used.
Finally, the impact the use will have on the market. If the suspected infringer will gain from the use or the content creator will loose business from the infringement that will be a strike against the suspected infringer.

The Ed Sullivan Show

My latest research has brought me to entertainmentlawupdate.com where I’ve been able to listen to actual lawyers opinions on entertainment cases. They spoke about a case involving the Ed Sullivan show. Ed Sullivan was an iconic figure in the 50’s and 60’s and his show was a very big deal for musical artists. Dodger Production put together a blockbuster musical of the Jersey Boys and in their musical the used a 7 second clip of Ed Sullivan introducing them. The owners of the copyrights to that intellectual property, Sofa Entertainment Incorporated, sued because they felt they should be compensated for the use of their property. According to GordonFiremark Esq. of EntertainmentLawUpdate.com, the courts didn’t find the clip significant enough to harm the sales of the show. No one is going to hear that clip and try to buy it over buying the entire show.

Kris Jenner, Momager of The Kardashian family.

Another topic brought up on the website that was particularly interesting was information about the Talent Agencies Act. Where you would think anyone could be a manager anywhere, this is not true. We have heard of so many “Momagers (Mom Managers)” in the industry that it seems to be normal. But if you’re a rising star in New York or Los Angeles your manager will have to be registered according to the California Labor Code. They can help you find a deal as far as finding another   
manager, but they cannot find you employment. As a manager here in Orlando Florida I will not be subject to these rules until The Tyesha Talks Show moves to one of these cities. There are workarounds for managers trying to get their foot in the door without paying the fees in these cities. Unlicensed agents can manage talent for a licensed agent. If anything ever goes to court the unlicensed agent would be protected under the Safe Harbor Defense.

Knowing the different rules and regulation in you state and city makes all the difference. When things go wrong you will see everything you missed come to light in court and at that moment you are too late. Being proactively engaged in knowing the laws, rules, and regulations, is the only way to avoid loosing everything you worked hard to earn. Some of my favorite resources are “Intellectual Property Law Podcast Series” by Suffolk University, the “Duke Law Events” by Duke University School of Law, and of course the “Entertainment Law Update Podcast” by Gordon Firemark. Stay proactive, Stay protected.

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