2009 Lecture 3 Actual

2009 Lecture 3 Actual - ENTERTAINMENT LAW University of...

Info iconThis preview shows pages 1–7. Sign up to view the full content.

View Full Document Right Arrow Icon
ENTERTAINMENT LAW University of Southern California Fall 2009 / Lecture 3 Prof. Michael Grizzi
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Administrative issues Taping of class Next week’s handouts: Johnston v. One America Productions (the “Borat” case) Shaw Family Archives v. CMG Worldwide and Marilyn Monroe, LLC
Background image of page 2
Questions from your classmates First question: Is it the case that the personal manager can drive a client to a place where the talent lands a job, and as long as the manager gets the talent’s agent involved. the manager can still split the commission with the agent? Whether or not a personal manager would be deemed to be acting illegally as an unlicensed talent agent in circumstances in which the manager drives a client to an event where the client is offered a job would depend on:
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
a. which state's law applies (consider that the New York law contains an exception for "incidental procurement" of employment whereas California law does not); and b. the specific facts of the situation If the personal manager literally did nothing else but drive a client to a place where the client themselves procured employment, it is less likely (but not impossible) that a court would find that the manager illegally engaged in unlicensed talent agency activity. If the personal manager escorted the client inside the event, introduced the client to casting agents, and suggested that the client should be hired for a particular job, a court might be more likely to characterize that activity as illegal unlicensed talent agency activity.
Background image of page 4
Doesn’t the fact that the talent has multiple representatives limit the risk that the attorney would favor one client over another? There can be "rivalry" between advisors of the same talent as each seeks the confidence and trust of the client. However, it is generally speaking in the best interests of each advisor to minimize conflict in order to best coordinate activities that advance the client's career both financially and in terms of career momentum and development. The fact that the talent receives advice by professionals other than just the attorney may somewhat limit the risk that the attorney doesn't act in the best interest of the client with respect to some aspects of the deal.
Background image of page 5

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
only one aspect of a deal -- albeit often the most important aspect to a client The role of the attorney is to protect the legal interests of their client in ways that aren't always only about getting the largest sum of money for a client. Consider the situation we discussed: An attorney represents a screenwriter and a very famous actor on the same project. The screenwriter may seek contractual protection that her script will not be rewritten. The actor may seek the right to insist that the script be rewritten before the actor is contractually committed to appear in a film. Can you see how the attorney could have a conflict in that
Background image of page 6
Image of page 7
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

Page1 / 39

2009 Lecture 3 Actual - ENTERTAINMENT LAW University of...

This preview shows document pages 1 - 7. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online