Arts and the Law

by:

Joe Patti

While looking around at the sites on my blogroll when I came across a link (On Theatre Forte I think) to Theatre and Entertainment Law blog. The blog and associated podcast are created by Gordon Firemark who answers entertainment and intellectual property law questions.

I have addressed legal issues in the past, but obviously he is better at it and speaks with greater authority. His blog and podcast cover some of the basic issues everyone asks about like “Can I make a video tape of a play whose rights are controlled by a publisher?” He also addresses more complicated problems like negotiation and enforceability of non-compete clauses.

A little warning before you listen or read his work, while ignorance of the law is no excuse, it also brings bliss. You may be a little depressed to learn just what your responsibilities are in obtaining permissions for what seem to be the most innocuous activities like showing videos in a dorm lounge. Granted he is a lawyer so his suggestion that you do things like get a different release from a model every time you change your shooting location is all about covering every possible contingency that might arise. (He has the requisite minute long disclaimer in the middle of the podcast, of course.) Still, it is good to be aware of the issues you might face in the course of doing business.

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Author
Joe Patti

I have been writing Butts in the Seats (BitS) on topics of arts and cultural administration since 2004 (yikes!). Given the ever evolving concerns facing the sector, I have yet to exhaust the available subject matter. In addition to BitS, I am a founding contributor to the ArtsHacker (artshacker.com) website where I focus on topics related to boards, law, governance, policy and practice.

I am also an evangelist for the effort to Build Public Will For Arts and Culture being helmed by Arts Midwest and the Metropolitan Group (details).

My most recent role is as Theater Manager at the Rialto in Loveland, CO.

Among the things I am most proud are having produced an opera in the Hawaiian language and a dance drama about Hawaii's snow goddess Poli'ahu while working as a Theater Manager in Hawaii. Though there are many more highlights than there is space here to list.

1 thought on “Arts and the Law”

  1. Thanks for mentioning my site and podcast in your blog.

    It’s true, as a lawyer, I do have to advise the most cautious approach to things like model releases, and sometimes my advice can sound depressing. The simple fact is that this type of advice is often ignored… usually without consequences… BUT, when there are consequences, they’re serious.

    When I work with clients directly (rather than publicly via podcast or web), we’re usually able to craft workable, cost-effective solutions that reduce, minimize or eliminate risk, and that give the client a sense of security and confidence in moving forward.

    Keep up the good work with your blog!

    Reply

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