Entertainment Law: An Introduction
Entertainment law is a broad field of practice that encompasses the legal issues that arise in the music, television, film, theater, and related entertainment industries. It has become one of the most exciting and dynamic areas for legal practitioners and intellectual property law practitioners in the past few decades. Like many of the newer fields of law, a real need for skilled legal practitioners exist in the entertainment-related fields.
Entertainment law is not simply a bunch of old , dusty legal texts with various complex rules and procedures; the practice of entertainment law involves representation and applications of the following areas of law:
The fields of business and tax law have also become important parts of entertainment law practice. Any interaction among creative artists, their talent representatives, and business persons requires a thorough understanding of this broad field of study.
Top Books on Entertainment Law You Must Own
Here’s a list of must-read entertainment law books.
Entertainment Law in a Nutshell by Sherri Burr, Distinguished Professor of Law at the University of New Mexico and award-winning writer, is one of the classics in the field of entertainment law and has been re-issued by West Publishing as part of their Series on Intellectual Property Core Texts.
The New Media Rights Publications page has several publications available at no charge including the Digital Media Law Project White Papers that cover many aspects of entertainment law, intellectual property and technology from the perspective of a not-for-profit in San Diego. New Media Rights has an assets library which include collections of documents that have been compiled to provide information on various topics.
The Entertainment, Publishing and the Arts Handbook authored by independent IP/Media Counsel Andrew D. Scrimgeour takes a comprehensive look at all of the various aspects of intellectual property law in the media, digital and publishing industries. The glossary of terms is a priceless addition to the book.
The Fair Use Briefing Room gives you an up close and personal view of court cases pertaining to the fair use of copyrighted materials in many fields including entertainment, news and scholarly works.
The Law of Intellectual Property and Antitrust by Herbert Hovenkamp is one of the most comprehensive scholarly books on the intersection of antitrust and IP. It gives the reader insight into the complexity of antitrust policies and how they affect the entertainment industry.
Copyright Fundamentals for Media by Robert Lind, formerly of Pillsbury Winthrop Shaw Pittman, is a must read for those who want to know how copyright law impacts the media.
Reference Books for Practicing Lawyers
For a legal practitioner in the entertainment sector, the law and contractual arrangements are not the end of the advice: they are the starting point. On the one hand, the details of a negotiation will shape an agreement, and on the other hand, the practicalities of putting together a deal will heavily inform the aspects of the law that will be of interest to practitioners.
For those lawyers who take a strong interest in the commercial context of the law, there are some notable books which will cover the nitty-gritty of situation. Starting with contract negotiations, The Negotiation Book by Steve Cohen is designed to approach the initial stages of a new deal. In its focus on the negotiation, it offers a comprehensive guide to the process, with some interesting insights on power, relationships and psychology.
Intellectual Property is a key part of the relationship between law and practice in the entertainment field and so Practical Guide to Filmmaking by Matthew Carless and Robert Underwood is well worth a look for its focus on the most up-to-date in media law. In particular, the chapter on "Cultural and Identity Issues" discusses intellectual property in relation to the entire media chain, from planning through to distribution.
In a similar vein, Media Law and Practice by David Rodger is tremendously informative on the commercial aspects of law through an examination of regulation and legislation. This book is particularly focused on the newest features of the media landscape, with the convenience of an ebook format.
The Hollywood Professionals Handbook by James Frierson brings together some excellent insights from big players in the industry, from the perspective of both manager and artist and TV Business 101 by Barbara Cramer is a meaty, comprehensively illustrated work that goes deeper into specific business issues than many other books on the subject.
For the genuine "essential" guides, Practising Entertainment Law by Edward Kastin and Entertainment Law by Edward Steinberg provide a clear look at all of the aspects of entertainment law and then take the time to drill down into some specific areas.
Finally, for subtler issues that have not yet reached the level of being mainstream, The Future of Talent by Peter Fraser and Up Close and Personal by Dov Kornits are both useful studies of trends in the industry.
Student Textbooks and Beginners’ Guides
The best entertainment law books for students and beginners are those that help you grasp the fundamentals. Frustratingly, foundational knowledge of entertainment law is often assumed—you know, like implicit knowledge. This means that many resources do not take the time to explain fundamental information, which can make it difficult for newcomers to get on their feet.
In addition to a New Media Law Basics post that covers some of the basics (e.g., copyright, trademark, federal and state privacy rights, what is an offer), some suggested entertainment law books for students and beginners include:
Entertainment Law: Cases and Materials, 5th Edition (2017) by Gerald R. Ferrera and K.J. Greene. This casebook covers contracts, copyright, trademark, right of publicity, antitrust law, and constitutional law as applied to entertainment.
Basics of Entertainment Law, 4th Ed. (2017) by Herbert Mittel. The book provides a general introduction to legal principles relevant to the entertainment industry including contract law, risk management (insurance issues, liability issues), agency (acting as an agent), intellectual property (copyrights, trademarks, rights of publicity), broadcast regulation (FCC), censorship (First Amendment Freedom of Speech), and dispute resolution (legal systems, mediation, arbitration, litigation).
Entertainment Industry Economics: A Guide for Financial Analysis, 10th Edition (2017) by Harold L. Vogel. The book provides an introduction to financial realities and financial analysis as applied to the entertainment industry.
The Entertainment Industry Contracts Desk Reference by Allen Kaufman. A good high-level overview of some contracts used in the entertainment industry. Not a comprehensive treatment of specific contracts and contracts principles.
Writing for the Entertainment Industry by John, Geddes. A solid introduction to writing, with a focus on writing for the entertainment industry. As a small taste, below is the introduction to the section on writing an artist biography (chapter 1):
Entertainment industry professionals have limited time, so this chapter will focus on things like how to write an artist biography. This task seems simple at first but turns out to be tricky nonetheless. For many first-time screenplay writers, your at-will job is getting optioned. For first-time memoirists or novelists, it’s getting your book published. And for most artists, it’s getting someone—anyone—to notice who you are. For that reason, the artist biography plays a major role in grabbing attention and keeping it. Theoretically, the more concise and informative the biography, the better reaction it should receive from people who have limited time. And you can bet they’ll appreciate the fact the biography actually tells them who you are and what you can do. In other words, no fluff, just real meat.
Highly Specialized Texts for Advanced Professionals
For those with a deeper level of expertise in the industry, we recommend the following: First, The Entertainment and Sports Lawyer’s Guide to the New Media World is a superbly practical book packed with useful information such as the kinds of deals artists can do with online service providers (including the distribution agreements many new media companies have with Apple iTunes). Second, the revised edition of Intellectual Property in the Digital Age provides a fascinating overview of many laws implicated by new media such as new interpretations of privacy issues. Third , A New Deal for the Arts offers a refreshing critique on how artists have been treated by government in terms of funding and how the current forms of funding are affecting the creation of art itself. Fourth, Entertainment Law Legalese is a must for every attorney representing parties in the entertainment industry. Finally, Polaris Music Prize Director Steve Jordan provides a thought-provoking read on the state of the independent music business today.
Biographies, Illustrations, and Case Studies
Books that examine the lives and contributions of key entertainment industry figures and explore landmark litigation and legislation in the industry are a critical part of the library of any entertainment law practitioner. Fortunately, such resources are plentiful.
Andrew Brettler’s "Hollywood on Trial: Attorneys on Trial 2," offers dryly amusing and at times intimate portraits of some of the most preeminent attorneys practicing entertainment law – and from whose real-life cases some of Hollywood’s most iconic films have drawn their inspiration. Linda Trew’s "Articles of Faith" provides a similarly illuminating look at the men behind the sixteen founding articles of association of the American Academy of Arts and Letters. Lacey Rose’s "The Art of Making Money" chronicles the life of Randy Adams, for a decade the creditable art connoisseur on PBS’ widely acclaimed Antiques Roadshow, and the intricate federal fraud scheme that abruptly disrupted his career as an expert appraiser of works of art. The memoirs of Hollywood icon Olivia de Havilland ("The Sweet or the Bitter: Reflections on My Life in Hollywood") and of legendary television producer Larry Gelbart ("Laughing Matters") provide insight into the industry’s enigmatic inner workings and historic evolution and casts often fascinating insight into the intersection between media and law. In addition, Harvard Law School’s Alan Dershowitz has written two of the most eloquent and convincing justifications of creative professionals’ obligations (and self-interests) to safeguard against the appropriation and misappropriation of their intellectual property: "The Tyranny of Good Intentions" and "Rights from Wrongs: A Secular Theory of Constitutive Authority in the United States and Europe."
Binding Trends and Future Prospects in Entertainment Law
In examining recent publications, contemporary legal scholars have pointed out several trends in entertainment law that have significant implications for practitioners and other stakeholders. One clear area of concern has been digital media platforms and their increasingly central role in the distribution and consumption of art and entertainment. In a world where YouTube, Spotify, and Netflix are major players, commentators have delved into questions of how intellectual property law should apply to these platforms and the many ways in which they monetize and disseminate content. In addition to tackling the legal issues, some writers have offered new interpretations of what constitutes an artist’s right of publicity, especially in the light of new uses of AI that mimic the likeness of prominent figures. Recent work also highlights the global reach of creative industries, as more stakeholders than ever before operate and do business internationally. This has contributed to an increased body of work analyzing entertainment law from a global perspective.
How to Select the Best Book for You
Choosing the right entertainment law tome for your personal or professional needs isn’t as simple as going with the latest volume to hit the shelves. As with all things legal, there are several factors that come into play with selecting the right book for you.
One of the first things to do is determine your level of expertise with the subject matter. If you have merely a passing interest in the intricacies of the industry, then a more general overview book will likely be just fine. On the other hand, for those with a more serious devotion to one niche or subsect of entertainment law, a book that is tailored more for professionals is sure to be more useful and enjoyable.
Consider the areas of entertainment law that most interest you. Many of the volumes listed here examine all fields of the business, from music and television to movies and gambling. If one particular aspect of the industry intrigues you the most, a more specific title will typically offer a more insightful and in-depth look. These subject-specific books also tend to be better sources if you’re researching a specific issue.
Another way to narrow the search is to take a look at how niche your interests are within the industry. Are your main areas of interest fairly broad , such as television production? Or are they more specific like video game streaming or documentary filmmaking? For those deeply entrenched in a particular field of entertainment law, the most niche-specific book is generally going to be the most versatile.
Consider when and why you are buying the book: These questions can help determine which particular book on the topic you choose. When it comes to getting down to the nitty gritty of the law, a black and white examination of the law, direct from its fingertips, is typically preferred over a book that’s more narrative-inclined. If you need to pull the more technical, black-and-white law from between the covers of a book, then an article or journal series might be the best way to go. Additionally, if you need to examine a more abstract issue in greater depth and potentially find incidental related issues, an article will serve you in a much better capacity. Books tend to be more one-sided, while articles are often more all-encompassing.