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Entertainment Law > foundations > Flashcards

foundations Flashcards

1
Q

contract law

A

(i.e. recording agreement, digital distribution agreement, syndication agreements)

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2
Q

intellectual property law

A

Copyright (musical composition, motion picture, television show)
Trademark (a name or logo)
Right of Publicity (the right of an individual to control commercial use of name, image or likeness)

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3
Q

employment law

A

(i.e. employees at a record label)

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4
Q

agency law

A

(i.e. agents, managers, lawyers)

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5
Q

labor law

A

unions, such as the American Federation of Television and Radio Artists, Screen Actors Guild, American Federation of Musicians)

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6
Q

music industry players

A 
Major and independent record companies
 Music publishers
 Recording artists
 Composers
 Managers
 Booking Agents
 Attorneys
 ASCAP, BMI, SESAC, HFA, SoundExchange
 Unions (AFTRA, UFM)
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7
Q

music industry deals

A

Record contracts
Music publishing agreements
Management agreements
Various licenses and other agreements

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8
Q

film and tv players

A 
Motion picture distributors
 Major and independent studios
 Broadcast entities
 Producers
 Directors
 Actors
 Agents
 Unions (SAG)
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9
Q

film and tv deals

A

Production contracts
Distribution agreements
Collective bargaining agreements (unions)
Exhibition agreements

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10
Q

literary publishing players

A

Authors
Literary agents
Publishers

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11
Q

literary publishing deals

A

Publishing agreements

Various licenses

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12
Q

sources of law in the us

A

Constitutions

Statutes

Case Law

Administrative Regs

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13
Q

diff between law and equity- begin a proceeding

A

law:
intiate a lawsuit

equity:
file a petition

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14
Q

diff between law and equity- parties

A

law:
plaintiff and defendant

equity:
petitioner and respondent

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15
Q

diff between law and equity- remedy sought by the injured party

A

law:
sum of money for damages to comepnsate for the loss sustained

equity:
enforcement of a right (specific perforamcne) or the prevention of further violation of a right (injunction)

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16
Q

diff between law and equity- reason remedy is sought

A

law:
money adequately repays the injured party for a loss

equity:
damages are difficult to measure in money terms; therefor an award of money to an injured party would be unfair

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17
Q

diff between law and equity- decision on the remedy is made

A

law:
by a judge or jury

equity:
soley by a judge (with an advisory jury in some states)

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18
Q

diff between law and equity - legal name for the decsion

A

law:
judgment/order

equity:
decree/order

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19
Q

diff between law and equity - remedy enforced

A

law:
execution of a judgment initiated by the plaintiff

equity:
contempt proceedings initiated by the plaintiff if the defendant fails to perform

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20
Q

role of the us judiciary

A

Judicial Branch of the US government settles disputes by interpreting and enforcing law.

Courts impose punishment (criminal cases) or award damages to the injured party (civil cases).

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21
Q

structure of the us judiciary

A

Federal court system established by the U.S. Constitution and Congress

State and local court system established in each state under state law

Levels of courts (federal and state):
Trial courts
Intermediate courts (appeals)
Courts of last resort

22
Q

state trial courts of general jurisdiction

A

Trial courts of general jurisdiction:
Broad authority to hear any civil or criminal case other than those that belong in court of limited jurisdiction
In New York, these courts are called the supreme court and the district court

23
Q

types of state trial courts

A

trial courts of general jurisdiction and trial courts of limited jurisdiction

24
Q

trial courts of limited jurisdiction

A 
Trial courts of limited jurisdiction:
 Small claims court
 Traffic court
 Minor civil and criminal cases
 Probate court
 Commercial claims court
25
Q

appeals court and court of final review

A

Appellate = Review.

Mistakes of law?

Arguments generally made by written brief.

Opportunities for successful appeal are limited and very costly.

The New York court of final review is called the Court of Appeals

26
Q

federal court structure

A

U.S. Supreme Court is the highest court in the federal judiciary.

Trial courts and appellate courts are under it.

Under those are the specialized courts with limited jurisdiction.

27
Q

federal trial courts

A

U.S. District Courts.

Both general and original jurisdiction.

Each state has at least one district court, including bankruptcy court.

Federal issues and diversity of citizenship.

28
Q

supreme court

A

Highest court in the land.

Findings are virtually final

Writ of certiorari: grants permission for a case to be heard by the U.S. Supreme Court.

There is no absolute right of appeal to this court.

29
Q

primary steps in a civil lawsuit

A

injury to plaintiff -> plaintiff consults attorney -> plaintiffs attorney issues complaint and summons to defendant -> defendants attorney files answer -> pretrial proceedings -> trial by judge or jury -> decision by judge or jury verdict -> judgment entered in court record -> appeal filed by losing party

results, first step: plaintiff does nothing
results, pretral proceedings: case settled without a trial

30
Q

civil procedures

A 
Complaint.
Answer.
Pretrial proceedings.
Trial.
Judgment.
Appeal.
31
Q

how a law suit begins

A

How a lawsuit begins:
Summons.
Complaint.
Answer.

32
Q

summons

A

Summons: written notification to the defendant that a lawsuit has been filed.

33
Q

complaint

A

Complaint: document listing the details of a lawsuit being filed and the relief sought.

34
Q

plaintiff

A

Plaintiff: one who brings a legal action.

35
Q

defendant

A

Defendant: party against whom criminal charges or a lawsuit is brought.

36
Q

answer

A

Answer: formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.

37
Q

pre-trial proceedings

A

Before trial, both parties have a chance to develop their case.
Motions.
Discovery.
Pretrial conference.

38
Q

motion

A

Motion: request to a judge for a ruling on a point of law.

39
Q

summary judgment

A

Summary judgment: motion for immediate judgment filed by either plaintiff or defendant, based on the information in the complaint and the answer.

40
Q

alternatives to litigation (ADR)

A

Some alternative dispute resolution (ADR) programs:

Arbitration

Mediation

Minitrial, summary jury trial, private trial

Informal settlement between the parties

41
Q

arbitration

A

Arbitration: nonjudicial determination of a dispute by a third party (called an arbitrator) rather than by a judge or jury.

The arbitrator’s decision can be binding or non-binding, depending on what has been agreed to.

You will often see arbitration provisions in contracts. These clauses require the parties to submit any contract dispute to arbitration instead of starting litigation.

42
Q

legal remedies

A 
Compensatory. 
Consequential.
Punitive. 
Nominal. 
Liquidated.
43
Q

compensatory damages

A

Damages awarded to the injured party as compensation for a direct (actual) loss or injury caused by the breach of contract are called compensatory damages.

44
Q

mitigation

A

Mitigation: attempt to hold damages down once a breach of contract occurs.

45
Q

consequential damages

A

Consequential damages: indirect damages awarded for breach of contract because they were or should have been forseeable by the breaching party.

46
Q

punitive damages

A

Money damages awarded to the injured party in the contract to punish the breaching party for wrongful conduct and to deter similar future conduct by that party are called punitive damages (or exemplary damages).

47
Q

nominal damages

A

Nominal damages: damages awarded for breach of contract when no real loss or injury occurs.

48
Q

liquidated damages

A

Liquidated damages are reasonable damages agreed to by the parties in advance. The existence of and amount of liquidated damages are set out in the contract.

49
Q

equitable remedies

A

Injunction
Specific performance
Rescission

50
Q

injunction

A

Injunction: court order forbidding a party from doing a certain act.

An example of when an injunction might be appropriate is when a company has a website where copyrighted works are being distributed without license or other authorization.

51
Q

specific perforamnce

A

Specific performance: court order requiring a party to carry out a contract according to its original terms.

Entertainment Law (6 decks)

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