As Beverly Hills business attorneys, we realize how pleasant it would be if business agreements could be entered into without disputes cropping up – but that just isn’t how it happens in the real world.  In the “ideal” situation, both parties would be satisfied with the outcome and thereby benefit from the agreement, but this is simply not always the case.  There are many reasons a contract is not successfully carried out, including delays, unforeseen circumstances and financial issues.

What does ‘breach of contract’ actually mean?

When two or more parties enter into an agreement, there are specific obligations which are expected to be met by those parties (individuals or companies).  However, when one or more of those parties fail to meet the express obligations, it is known as a ‘breach’ in legal terms.  There are many actions (or even inactions) that can be considered a breach, depending on the terms of the agreement.  A breach may occur when one of the parties does not perform according to the agreement’s terms, does not perform within the time guideline outlined in the contract, or simply fails to perform at all.

When a contract is breached, or allegations made that an agreement has been breached, either party or both may desire to enforce the terms of the contract or agreement, or recover financial compensation for losses which were a result of the alleged breach.  This may be approached in a variety of ways from a legal standpoint including litigation, through mediation, binding arbitration, or other alternative methods of dispute resolution.

Examples of remedies or “relief” for breach of contract under the law

There are several remedies which may be awarded to one party by the other to settle a dispute over a contract that has been breached, including specific performance, damages, or cancellation of the contract or agreement and restitution.

Specific performance – when damages are not an option, the party who did not breach the contract may seek specific performance which simply means that the party breaching the contract may be ordered by the court to perform a specific duty so that the non-breaching individual or party essentially ends up in the position they were initially intended.  This is usually only a remedy when the terms contained in the contract are unique or rare.

Damages – damages may be compensatory, punitive, nominal or liquidated, and are the most common remedy sought when a contract is breached.  Essentially, the party who breached the contract will make payment in some form to the non-breaching party.

Cancellation and restitution – the contract or agreement may be cancelled by the non-breaching party; this party may then take action and file a lawsuit for restitution provided the party who breached the contract has been given a benefit by the non-breaching party.  Cancellation essentially relieves both parties of all obligation, and voids the contract; restitution allows the non-breaching party to reclaim the benefit given to the breaching party, putting the non-breaching party back in the position it was in before the breach occurred.

For further explanation of breach of contract and legal options, contact the Beverly Hills business attorneys at the Law Offices of Spotora & Associates.

Musicians who want to regain control of their hit songs from the mid 1970s can now reclaim them due to the copyright law termination rights. As long as music artists apply for these rights two years before the 35th anniversary of the songs being copyrighted, they can reclaim them. Music labels are livid about this development, but musicians have been waiting for this opportunity for decades. Award-winning musicians such as Bruce Springsteen, Van Halen, Billy Joel, and Steve Miller have made millions for record companies and songs from 1978 are now in the two-year timeframe.

“In terms of all those big acts you name, the recording industry has made a gazillion dollars on those masters, more than the artists have,” said Don Henley, from the Eagles and a founder of the Recording Artists Coalition. “So there’s an issue of parity here, of fairness. This is a bone of contention, and it’s going to get more contentious in the next couple of years.”
The big record companies such as Universal, EMI, Sony BMG, and Warner Brothers are ready to battle this copyright provision. They believe these songs and records are classified as works for hire. Musicians are thus employees and not independent performers for the record label from their viewpoint.

The Recording Academy is concerned about termination rights disputes overwhelming the courts. Musicians are getting legal representation now to send termination rights notices to labels and get ready for 2013. As it stands now, record labels are not giving in. Some onlookers predict the issue might even make it to the U.S. Supreme Court in due time.

Next year, musicians will be able to send notices for songs made in 1979, and with each passing year more hits will be up for grabs. When a song qualifies for the 35-year expiration, an author has five years to claim it; otherwise the right to reclaim it passes. This issue also brings up questions of what a song author is – do record producers, foreign artists (think Led Zeppelin), and songwriters who write for big names have the right to request termination rights from labels?

As many of these songs and artists from 1978 defined their generation, this issue also becomes important for licensing rights. Many of these songs are coveted by advertisers, used in TV and film, and for ringtones and video game soundtracks. Musicians will therefore greatly benefit by having an experienced attorney represent their concerns for their song rights and licensing agreements.

In California, Los Angeles entertainment attorney and Los Angeles business lawyer Anthony Spotora is a strong ally for musicians as they exercise their rights. The Law Offices of Spotora & Associates, P.C. is experienced in negotiations, contracts, and litigation to uphold a client’s rights. Their team is skilled in all genres of the industry and represents some of the biggest names in the recording business.

Anthony Spotora is a Los Angeles entertainment lawyer and Los Angeles business attorney. To learn more, visit Spotoralaw.com.

Los Angeles, Calif. – Oral agreements can wreak havoc in Hollywood. An agreement by handshake or over lunch can still be a valid contract and enforced by a court. Two recent lawsuits prove that the oral agreement is still alive, but not necessarily well, in Hollywood.

In Richard Davis and Trademark Properties v. A&E Television Networks, Davis developed the idea of “Flip This House” and A&E orally agreed to divide the show profits 50-50 with him. During their meeting Davis and Charles Nordlander, director of lifestyle programming for the station, negotiated many facets of the show, including pay. After most items were agreed to, Nordlander said, “Okay, okay I get it.” After the pilot and 13 episodes, Davis left the show for a competitor. At trial and the appeal proceedings, both courts affirmed that an oral agreement was entered into and awarded Davis $4 million. The “Okay, okay I get it” was enough to seal in the jurors minds that an agreement had been made, even though it was never written down.

“There is nothing like a signed agreement,” says Los Angeles entertainment attorney Anthony Spotora. “At a minimum you should follow up a discussion and agreement with a confirming email or get your attorney to draft an agreement that is sent for all parties to sign. This case shows that you never know when this backup documentation will come in handy and can save you tons of time, stress and money.”

Another home and design show is under fire for oral agreements gone awry. Talent manager Lance Reynolds, his company Atlantic Talent Management, and Atlantic Films and Television, is suing Jamie Durie, the host of HGTV’s “The Outdoor Room”. Reynolds alleges the two made an oral agreement that Atlantic Films and Television would have 51 percent ownership stake in the popular show. In 2008, Reynolds was made an executive producer of the show and earned a program fee “on a favored nations basis with all other executive producers” after the two had a business dispute. Reynolds alleges after 39 shows, Durie has been well paid and owes him money.

“In oral agreements, courts will try to find any witnesses who might have heard the terms of the agreement, or if the parties have actions, evidence, or exhibit certain conduct to show that it was in existence,” said Spotora. “But you truly owe it to yourself to get your future earnings in writing.”

The Law Offices of Spotora & Associates has more than a decade of experience working with celebrities, producers, studios, agencies, managers, and networks in every genre of the Hollywood television and movie industry. They are known for their hands-on approach and senior-level counsel that is unparalleled by other firms.

For more information:
www.spotoralaw.com
Law Offices of Spotora & Associates, P.C.
1801 Century Park East, 24th Floor
Los Angeles, California 90067-2302

P (310) 556.9641
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Toll Free: (877) 4U-EZ-LEGAL

To learn more, visit http://www.spotoralaw.com/.

Los Angeles – In February, the director, screenwriter, and entertainment companies involved in The Hurt Locker filed a motion to countersue Iraq war veteran Jeffrey Sarver. Master Sgt. Sarver claims that the movie was based on his own life story within the Army bomb squad and originally sued the group the day before the Academy Awards in 2010.

Now that the countersuit is transferred to California, The Hurt Locker group is using the anti-SLAPP statute to allege their free speech is being compromised and requesting the judge to order Sarver to pay their attorney fees. Sarver claims that he was the inspiration behind the main character Will James, aka Blaster One. The original lawsuit alleged that the movie defamed him and cheated him out of the financial success of the film. The movie’s director was embedded with Sarver’s unit while doing research for a Playboy article, but asserts the film and its characters are fiction.

In Hollywood and the movies, life story rights agreements typically involve a production company paying an individual, and sometimes their relatives, to cooperate and tell them all the details of their life needed to develop a full story. They may divvy up particular life events and also spell out rights for exclusivity, specific projects and media where the story can be shown.

Life story rights include rights related to privacy, publicity, and defamation. The right of privacy includes the right not to be portrayed in a false light, including embarrassing facts. Defamation can be proven if, for example, The Hurt Locker wrecked Sarver’s reputation and caused damages. And since Sarver was not a public persona, unlike a celebrity, his rights to privacy could be the most egregious problem of all grievances in the lawsuit.

The Law Offices of Spotora & Associates in Los Angeles have worked with the best talent, production houses, studios, and distributors and understand the importance of life story rights to make a movie or television show more dynamic. From individuals to big movie productions, protecting their clients’ rights and litigating for their clients ultimate win makes them the go-to Los Angeles entertainment attorneys.

Their managing attorney, Anthony Spotora, is experienced in entertainment contracts, options agreements, as well as representation and royalty agreements.

To learn more, visit http://www.spotoralaw.com/.

Music festivals are becoming huge moneymakers over single concerts. Rolling Stone reports that festivals are booming because fans are willing to pay $250 to $500 to see 130 artists versus watching only a solo show.

Big music acts and up-and-coming stars can rake in quite a bit of income playing at festivals such as the upcoming Coachella Music Festival in southern California. Especially when backed by ample marketing budgets and social media, it is no wonder the festival sold out in three hours. Now it remains to be seen if the 2013 festival tops this year’s record number of 255,000 fans.

Behind the scenes, one of the most important players for musicians and bands is an entertainment lawyer. With big festivals and large venues, bands will want to be prepared to sign performance agreements and oftentimes need an experienced entertainment attorney to ensure they understand the agreement and that their rights are being upheld. An attorney can be vital to negotiating the payment terms, merchandising agreements, cancellation clauses, permissible video and audio recording equipment, and ensure the band will not be liable for any and all damages that could occur while performing in the venue.

Most musicians might not love this side of the business, so that is why getting legal counsel early on can leave the business of entertainment to the attorney and the band can continue focusing on its creative output. Legal counsel shows everyone a band deals with that they are professionals and are serious about what they do. Attorneys are great at looking over the necessary agreements and any side contracts for loopholes and further enforcing contract terms when other parties decide not to meet the stipulations agreed to beforehand.

Beyond big festivals and concerts, entertainment attorneys can provide guidance on management agreements, recording contracts, copyright and trademark matters, licensing and royalty agreements, and endorsements and partnership contracts, just to name a few. Some entertainment attorneys can also give clients business planning and career advice. The music business is full of horror stories about bad promoters, shoddy venues, and broken promises, so a good entertainment lawyer can help a band through the complex music industry.

A hands-on entertainment lawyer is a key part of a band’s success. It takes a team approach to make it big in the music industry, so having a lawyer who will be proactive with all the other team players – agents, booking agents, record labels, and other key contacts – will only increase a band’s buzzworthiness and chances of financial success.

In California, Los Angeles entertainment lawyer Anthony Spotora has many years of experience with bands, musicians, songwriters, record companies, and music publishers. The Law Offices of Spotora & Associates has extensive music industry contacts and a reputation for individualized attention and dedication to helping creative individuals thrive in the music business.

Anthony Spotora is a Los Angeles entertainment lawyer and Los Angeles business attorney. To learn more, visit Spotoralaw.com.

Video games are not just fun pastimes and a lucrative $24 billion revenue industry. They are prized assets with intellectual property rights for their unique design, art, audio and code. Some games are created by innovative individuals, while others are licensed and owned by different parties for publicity and efficiency reasons.

An estimated 67 percent of U.S. households play video or computer games, with most of them enjoying sports or action games. With the amount of consumers and moneymaking opportunities, it is no wonder that the industry must protect its intellectual property rights and flex its legal muscles when needed.

Trademarks, copyrights, patents, trade secrets, and rights of publicity enable innovators and companies to develop new games that competitors cannot touch. Experienced video game companies and innovators know that an intellectual property attorney is key to keeping their competitive edge. From the initial stages of creating a game to staying ahead of the next “it” game or console, legal counsel is a must to defend your rights.

Trademarks protect a company from copycats that want to steal the success of a popular brand, character, title or symbol. By registering the trademark, no competitor can use the name, thus protecting the reputation and marketing efforts.

Copyright laws guard the software itself as well as the characters and icons or weapons, scenes, music, videos, pictures and dialogue. A good test for copyright infringement is to first determine whether the defendant had access to the copyrighted work and then to compare one of game A’s screenshots to game B’s screenshots. If they are qualitatively and quantitatively similar and an ordinary person would look at both and think they are copycats, then infringement will likely be found. Many software piracy cases involve this facet of the game and penalties have high monetary damages.

With the explosion of “apps” for cell phones and computers, many consumers are amazed by how some games are looking similar to each other. The developer Twisted Pixel could go after Capcom because it mimicked Twisted’s Cut the Rope game with Rope Cut and The Blocks Cometh. So far though, the developer has not pursued legal action on them. “Since we owe Capcom so much for its many contributions to all of our childhoods, we will just keep our focus on making new games,” Twisted Pixel CEO Michael Wilford told Pocket Gamer. “That way [Capcom will] have something else to use for ‘inspiration’ next year.” Capcom responded with, “We are saddened by this situation and hope to rebuild the trust of our fans and friends in the gaming community.”

Innovators and companies must look after every part of their game. Enrolling for a patent ensures the technological exclusivity and original designs for 20 years typically. Patents involve user interfaces, algorithms, scene rendering, menu, editing and display choices. For example, U.S. Patent No. 4,662,635, Video Game With Playback of Live Events, uses pre-recorded live action sequences in specific video games. The patent owner and the game company sent many cease-and-desist letters to competitors as it was the first to develop this specific technology.

Trade Secrets assist business to keep select information secret. From business and marketing plans, to customer lists, and concepts and processes to creating the software and game assets, these are critical pieces of knowledge to keep under wraps.

The Law Offices of Spotora & Associates helps many developers, distributors, and publishers in the software and computer game industry. Their managing attorney, Anthony Spotora, has more than a decade of experience as a Los Angeles intellectual property lawyer. From negotiations to licensing agreements and advising on IP laws and structuring joint ventures, his firm can assist clients in the U.S. and abroad.

Anthony Spotora is a Los Angeles entertainment lawyer and Los Angeles business attorney. To learn more, visit Spotoralaw.com.

Reality television is big business and for many aspiring stars, a chance to make it in the entertainment industry. But before the cameras start rolling, an important part of the process is the negotiation and hopeful execution of the contract that will make the reality show, a reality. Most contracts ask individuals to sign away their privacy rights, have stiff confidentiality agreements and may further include defamation waivers.

The contract is the production company and network’s way of managing the value of a potential celebrity and controlling most of the creative and business elements of the show. If the “artist” becomes a star, the contract will spell out what kind of money the production company and network will gain for future shows and licensing. Many reality show contracts are so ironclad, however, that they can portray your image in any way chosen by the producers, throughout various media. Oftentimes, by signing the various waivers accompanying the contract, cast members agree not to sue if something happens to them physically or emotionally.

When you agree to this, you are allowing a show to portray you in any way, even if it is unfavorable. It is important to have a good lawyer review the contract first to make sure your rights and safety are upheld.

Be very wary of any contracts that require upfront payment or minimal or contingent compensation. Reality TV participants must give their consent before a show can use footage of them, as most shows want rights for usage in perpetuity or will want to sell it to someone else in the future. Most contracts are all-encompassing as oftentimes scenes are still in development after the cameras start shooting. The fine print will discuss the potential of bodily harm, fights, sexually transmitted diseases and emotional distress.

These shows will purposefully embarrass or humiliate you and, sometimes, they will even provoke violence, but so many people want to go on them because they think it will be their big break into stardom. If you are not asked for consent, you need to talk to an attorney immediately to safeguard your rights and privacy.

Many contracts also have hefty penalties should a cast member leak the winner or conclusion of the show. It is not uncommon to have a fine between $5 and $10 million in the confidentiality agreement.

The Law Offices of Spotora & Associates specializes in negotiating and drafting contracts, securing copyrights and trademarks, and litigating and protecting entertainment clients’ rights. Many celebrities, upcoming TV stars, studios, agencies, and production houses have sought their expertise and individualized attention.

Reality TV can be a lot of fun, but cast members must take the contract very seriously. It is worth the extra effort to consult an attorney to know what you are getting yourself into.

Anthony Spotora is a Los Angeles entertainment lawyer and Los Angeles business attorney. To learn more, visit Spotoralaw.com.

In the age of new media, record labels and artists have many opportunities to make money, but also must be cautious about downloading royalties, copyright licensing, and protecting their income streams. High-profile artists such as Eminem, Jay-Z, and Madonna and their labels must constantly watch over iTunes downloads, YouTube streams, Wii games, and other emerging digital players to see if their rights are being violated and profits diminished.

New technologies are created so often, and with that new providers of entertainment products and content are jockeying to attract consumers. Whether you are starting a record label or are an established music heavyweight, it is crucial to have a lawyer that knows how to guide you through the new media and music laws.

Entertainment attorneys will structure, negotiate and update contracts and agreements for Internet and new media outlets. As advertisers and marketers look to deliver information and entertainment to the masses, lawyers will counsel on finance, production, licensing, and the sale of intellectual property to be broadcasted on the Internet, cell phones and wireless devices, interactive and video game platforms and other digital channels.

Product placement and brand integration ventures in feature films, television, and new media are also areas where a lawyer can ensure both the business and creative rights of the label and artist are upheld. Many labels are also creating “360 deals” to increase revenue streams through tours, concerts, merchandising and new media partnerships.

Record labels realize the importance of YouTube, for example, to virally show off their artists. It is hard to control postings of copyrighted materials by fans, so labels work with their lawyers to negotiate licensing terms for their songs and videos that appear on the popular website. And with increasing sales of digital music and fewer CD sales, downloading royalties can rack up to millions of dollars in revenue for artists and labels.

Any size record label can benefit from a savvy entertainment lawyer to establish the label name, website presence and connect them with start-up capital opportunities and marketing professionals. From business plans to product launches and artist contracts, they can buffer the label and artist from the cutthroat music industry.

For those that are starting record labels, lawyers will give you vital advice to build the record label of your dreams. Armed with an excellent entertainment lawyer, a record label can last longer and protect their image and creative brilliance.

The Law Offices of Spotora & Associates has decades of experience representing musicians and record labels in Los Angeles, Southern California and the world. They have worked with some of the biggest talent in the industry and have a hands-on approach to give their clients the utmost in individualized attention.

Anthony Spotora is a Los Angeles entertainment lawyer and Los Angeles business attorney. To learn more, visit Spotoralaw.com.

Los Angeles – Cartoon characters have rights, so the first step that cartoonists need to take to protect their work from infringement is to file for copyright. Graphic characters can be protected forms of intellectual property under copyright and trademark law.

A relevant lawsuit is currently underway involving a gentleman who claims he created and pitched a “spiritual kung-fu fighting panda bear” to DreamWorks Animation in 2001 but was rejected. The studio later created “Kung Fu Panda” with Jack Black, grossing $632 million, and adding even more in merchandise and a sequel set for summertime 2011. The case is currently in the discovery phase, and the artist will attempt to prove DreamWorks had access to his ideas in advance of developing the movie and had intent to trade on the artist’s goodwill.

In this age of hypermedia, graphic characters often go from one medium to another as well as one channel of commerce to other cross-marketing efforts. Courts consider both the visual and narrative resemblance of cartoon characters, and measure the similarities of personalities, behaviors, biographies and story lines in making their decisions. Only the specific and unique way that a character is drawn and acts is protected.

“Cartoons are a highly profitable industry. Legal protection to ensure their images and names are sheltered from exploitation is crucial,” said Anthony Spotora, Los Angeles entertainment lawyer. “Copyright, trademark, contract law and unfair competition are all legal strategies to protect the owners of graphic characters.”

Spotora & Associates assists clients in acquiring intellectual property rights through the state, federal, and international laws. They monitor potential right infringements and push to enforce acquired rights through contracts, licensing, and precise negotiations.

“Cartoon artists are in a much stronger position if they seek out a lawyer to proactively protect their characters and argue cases when an issue comes up,” Spotora said. “Many artists also want to create similar characters for new clients, so it’s important to include particular language in contracts to ensure this can be done with different companies and media.”

Spotora’s firm of senior-level entertainment attorneys are skilled in working with cartoonists, studios, agencies, managers and distributors. They work with each client to protect their works and increase revenue.

To learn more, visit http://www.spotoralaw.com/.

It may have been tweaked a thousand times. Labored over for several years. And had heart and soul poured into it.

Every screenplay writer’s dream is to have his or her screenplay sold and end up on the silver screen. Getting Hollywood to bite and then knowing how to legally protect one’s creation are two important considerations.

Protecting the Intellectual Property

It is important to copyright the finished screenplay. While it is unlikely an agent or studio would steal from a script and risk litigation, the possibility does exist. A little bit of extra effort can prevent this unfortunate event from occurring.

There are two popular methods for copyrighting screenplays. One is to go through the Library of Congress. Legally, it is necessary to register a work in order to be successful in court.

The other option is to go through the Writers Guild. The Writers Guild is a writer’s union, though it is not necessary to be a member to have a script copyrighted. It is worth noting that this route can be relatively useless if the party ever winds up in litigation. Only a federally registered copyright with the U.S. Copyright Office will gain admission into federal court.

Selling The Script

Sometimes screenwriters use agents to sell or option their scripts, and sometimes they do not. Either way, here are the two kinds of common deals.

Sales: This is when a script is purchased outright by the producer. Sometimes there is a flat-fee provided upfront and other times an additional amount of money is offered if and when the film is actually completed. There are even some experienced screenwriters who can negotiate for residuals from such revenues as those generated from DVD sales.

Option: This is when the script is essentially rented for a certain time period. The producer retains the exclusive rights to the story and can then either relinquish the rights to the script or purchase it outright.

Negotiations

The compensation received for optioning or selling a script can vary greatly, depending on how well-known the script writer is, the quality of the story and how good of a negotiator the writer’s team is.

If an agent is used, there may be an entertainment attorney who can look over the legal issues in the contract. If no agent is used, it is best to hire an entertainment lawyer who can make sure one’s best interests are being looked after in the deal.

While selling a script can be a thrilling experience, it is important to make sure that one receives the most beneficial terms possible.

Anthony Spotora is a Los Angeles entertainment lawyer and Los Angeles business attorney. To learn more, visit Spotoralaw.com.