Our entertainment lawyers provide expert advice on:
Additional services include:
Film, Television and Performing Arts Law
Our entertainment lawyers are here to support our talented clients every step of the way from the development stage of a project right through to financing, production, marketing, distribution, licensing and the commercialisation of ancillary rights.
We provide practical, commercial advice and solutions to Australia’s leading entertainment industry practitioners including producers, presenters, venue owners, funding bodies, directors and writers. We also deal extensively with major American and European distributors.
Our film and television services include legal advice on:
Our performing arts services include legal advice on:
Music Industry Law
Our longstanding experience in the music industry allows us to support and guide our clients towards realising their goals, whether they are a young band seeking first-time advice or an internationally recognised ARIA award-winning artist.
We advise all members of the music industry including:
Our lawyers provide practical and up-to-date advice on all aspects of the music industry including:
The marshalls+dent+wilmoth Entertainment Law department regularly provides thorough and pragmatic clearance advice for film, television, performing arts and transmedia practitioners.
We review in detail:
We then provide comprehensive and practical advice in the form of a report, that sets out and addresses any potential legal issues such as:
Our reports contain clear, sensible and realistic suggestions for resolving or mitigating any potential legal issues which we have identified. Our approach is thorough and pragmatic.
Clearance advice is in addition to our customary services and will be quoted for separately to other legal assistance we may provide.
Copyright is a bundle of transferable rights that exist in an original creation.
These rights are reserved exclusively to the owner and include the right to reproduce (copy), publish, perform, communicate and adapt.
It is important to note that in order to receive the benefit of copyright protection, the works must be ‘substantial’ and unless your work is considered a “subject matter other than work”, it must also be ‘original’.
Ideas and single words or titles are often not substantial or original enough to warrant copyright protection. Rather, it is the material expression of the idea which will be protected by copyright.
In Australia, copyright protection is automatic once it has been recorded in material form (i.e. recorded on tape, written down in a notebook and/or photographed). There is no need for formal registration.
In Australia, copyright generally lasts for the life of the author plus 70 years.
However, this will differ if the work was not published prior to the author’s death.
Upon expiration of copyright protection, works become what is known as the “public domain”.
Copyright infringement is subject to a qualitative test, and not a quantitative test.
Therefore, in order to determine whether your copyright has been infringed, you should consider whether a substantial part of your work has been copied.
A part will be substantial if is forms a crucial or essential part of the work.
Depending on what the book is about, chances are that you will need to obtain the author (and/or their publisher’s) permission.
An option and deed of assignment is the most common agreement to adopt once the commercial deal points have been agreed.
In the film and television industries, “Chain of Title” refers to the rights in the underlying work (i.e. your script and any works that your script is based on) that the producer needs in order to develop and produce a film or television series.
Generally government bodies and investors in the film or series will require a legal opinion on the chain of title. In order to give an opinion, you will need to provide your lawyer with all the agreements you have in place that relate to the underlying work for the film (e.g. Option and Deed of Assignment, Writer’s Agreements, Development Agreements, and any other agreements that relate to or transfer a share of copyright in the work on which the film or series is to be based).
Your lawyer will not be able to provide an opinion until it is satisfied that all the necessary agreements are in place and owned by the correct owner.