ip rights in the entertainment industry

IPR in the Entertainment IndustryIPR in the Entertainment IndustryInternational Visitors CouncilInternational Visitors Council

Donald R. Simon, Donald R. Simon, J.D./LL.M.J.D./LL.M.

The Art Institutes International - Kansas CityThe Art Institutes International - Kansas City

Simon Business Consulting, Inc.Simon Business Consulting, Inc.

MeMe::– 8 years of legal experience concentrating 8 years of legal experience concentrating

in the areas of entertainment and IP.in the areas of entertainment and IP.

– 7 years of experience teaching legal and 7 years of experience teaching legal and business issues to aspiring artists.business issues to aspiring artists.

– Prior to becoming an attorney, worked in Prior to becoming an attorney, worked in broadcasting for seven years in various broadcasting for seven years in various production, programming, and production, programming, and management roles.management roles.

IPR in the Entertainment IndustryIPR in the Entertainment Industry

U.S. Copyright LawU.S. Copyright Law::– U.S. copyright law is very strong, but U.S. copyright law is very strong, but

places responsibility on owners to places responsibility on owners to defend their rights.defend their rights.

– Government (FBI and ICE) will only Government (FBI and ICE) will only intervene in large scale bootlegging intervene in large scale bootlegging operations and importation violations.operations and importation violations.


U.S. Copyright LawU.S. Copyright Law::– Unfortunately, technology changes Unfortunately, technology changes

quicker than the law.quicker than the law.

– Last major re-write of U.S. copyright law Last major re-write of U.S. copyright law was in 1998—Digital Millennium was in 1998—Digital Millennium Copyright Act.Copyright Act.


U.S. Copyright LawU.S. Copyright Law::– IP owners must rely on old law even if it IP owners must rely on old law even if it

doesn’t quite fit a situation.doesn’t quite fit a situation.

– Or some make their own “law” through Or some make their own “law” through enforcement practices that may or may enforcement practices that may or may not be in line with U.S. law. not be in line with U.S. law.



Stages of Industry AcceptanceStages of Industry Acceptance::1.1. Ignore the new technology hoping it will Ignore the new technology hoping it will

go away.go away.

2.2. Seeing that the new technology has Seeing that the new technology has staying power, the industry may either try staying power, the industry may either try to buy it off, try to get laws passed to to buy it off, try to get laws passed to limit it, or sue it out of existence.limit it, or sue it out of existence.

3.3. Finally, acceptance.Finally, acceptance.

Industry Power PlayersIndustry Power Players::– Motion Picture Association of AmericaMotion Picture Association of America

• Non-profit trade organization that, among Non-profit trade organization that, among other things, engages in anti-piracy efforts.other things, engages in anti-piracy efforts.

• Has recently focused its attention on peer-to-Has recently focused its attention on peer-to-peer file sharing.peer file sharing.

• In 1982, decried the “savagery and the In 1982, decried the “savagery and the ravages” of the VCR and compared its effect ravages” of the VCR and compared its effect on the film industry to the Boston Strangler.on the film industry to the Boston Strangler.


Industry Power PlayersIndustry Power Players::– Recording Industry Assoc. of AmericaRecording Industry Assoc. of America

• Non-profit trade organization that represents Non-profit trade organization that represents recording industry distributors.recording industry distributors.

• High profile lawsuits against college students High profile lawsuits against college students and parents of file sharing children.and parents of file sharing children.

• In 1998, lost a legal challenge against the In 1998, lost a legal challenge against the “Diamond Rio,” paving the way for the “Diamond Rio,” paving the way for the development of the portable digital player development of the portable digital player market.market.


Industry Power PlayersIndustry Power Players::– Various Music Publishing CompaniesVarious Music Publishing Companies

• Administers rights on behalf of songwriters.Administers rights on behalf of songwriters.

• Initiates and defends infringement actions.Initiates and defends infringement actions.

• Works with ASCAP, BMI, and SESAC for Works with ASCAP, BMI, and SESAC for protection of performance rights.protection of performance rights.


Industry Power PlayersIndustry Power Players::– Electronic Frontier FoundationElectronic Frontier Foundation

• Non-profit digital rights advocacy and legal Non-profit digital rights advocacy and legal organization.organization.

• Defends individuals and new technologies from Defends individuals and new technologies from what it considers baseless or misdirected legal what it considers baseless or misdirected legal threats.threats.

• Attempts to balance IP rights and First Attempts to balance IP rights and First Amendment rights.Amendment rights.


Controversial AreasControversial Areas::– DMCA §512 Safe Harbor/Take DownsDMCA §512 Safe Harbor/Take Downs

– Orphan WorksOrphan Works

– Fair Use / ParodyFair Use / Parody

– Performance “tax”Performance “tax”


Thank you!Thank you!
