Tips For New Professionals From an Entertainment Lawyer

I had the amazing opportunity to interview an Entertainment Lawyer who has great insight into the industry from her years of experience. Julee L. Milham has been practicing law since 1986 in the field of entertainment, intellectual property and business law. Julee has practiced law in numerous states such as Florida, New York, California, D.C and she is a approved arbitrator for intellectual property matters with the American Arbitration Association. I asked some key questions that any new professional would like to know from a lawyer with years of experience in the entertainment industry.  

Here are important tips and takeaways that any new publicist or marketing specialist should know before diving into the business. 

Tip 1: Don’t use other people’s work

“I see a several common mistakes for marketing people. First, they often like to copy popular things thinking that if they tweak it just a little they won’t be committing trademark or copyright infringement, which is not true.”

Tip 2: Make sure your company name is unique rather than suggestive because it will be a weak trademark!

She stressed this because when you are protecting your trademark you will have a greater level of protection if the trademark is fanciful versus generic. Take Kodak for an example which is considered a fanciful trademark versus Orlando Dry Cleaner is really generic.

Tip 3: Make sure you have a written contract for everything and don’t rely on oral agreements!

“One problem EVERYONE has is their failure to get copyright assignments for work done for them.”

Tip 4: Get a lawyer especially if there are significant rights at risk.

It is always good to have a lawyer, they can guide you when drafting contracts and they can read contracts or agreements that come your way. This can be really beneficial and can save you from getting into a sticky situation.

Tip 5: Set a minimum requirements for performance in all contracts!

This will protect you, if you have a client that does not have a great work ethic and you will be able to end the contract because they are not meeting the requirements that you have set.

Tip 6: Read what you sign and always obtain copies!

Make sure you read and are able to understand the contract fully before you sign! Sometimes, contracts can have a playful way with words and this will change the meaning of the overall contract. It is always best to have someone else look over the contract to make sure there is a clear understanding of the requirements and terms.

 “There’re always free documents on the internet but they’re rarely a good fit.”

Tip 7: Don’t always rely on contracts/documents on the internet.

Even though the internet is always a great source to use, it sometimes provides you with inaccurate information. Which you can not afford to use when dealing with your business. 

Overall, those are my little insight tips that I have learned from my interview! Hopefully, these tips will come in handy to any new professionals in the industry. If you want more information on Julee or have some questions vista her website and she has a great FAQ section. 

-Sara 

Not All Publicity is a Good Thing

Public relations is a great profession for anyone in the entertainment industry especially today. Now more than ever entertainers need a publicist to protect them and properly introduce them and keep them relevant in the media. Today it is easier to enter the entertainment industry than in previous years. Public relations is continuing to rise and is one of the only professions that is increasing with employment.  There are times where an entertainer needs a publicist to protect them especially with false endorsements. More entertainers are endorsing products today, and it seems that anytime you turn on the television or turn the page of a magazine you see an entertainer telling you why you should purchase this product. Sometimes, companies will give a false impression that an entertainer is endorsing their product which at times damages their  public persona. Here are three major false endorsements that has happen in recent years. 

Michael Jordan vs. Dominick’s Finer Foods & Osco Jewel Food Stores

Back in 2009, Sports Illustrated honored Michael Jordan in a commemorative issue titled Jordan: Celebrating A Hall of Fame Career. The issue was distributed nationwide. Inside the magazine, included a full page Jewel Osco and Dominick’s Finer Foods page that were originated to honor him as a legend  and his contribution to the sport of basketball. Both pages seemed innocent but taking a closer look it seemed that Michael Jordan endorsed both places in Chicago. When Michael Jordan found out about  both tributes he was upset because he felt that it was damaging his overall public persona. Michael Jordan proceeded to sue both stores for $10 million dollars in damages citing; false endorsements, consumer fraud, deceptive trade practices and unfair competition. The US District Judge Gary Feinerman found it to be a tribute to the legend and stated both stores were just exercising their right of freedom of speech. 

Kim Kardashian vs. Old Navy (The Gap)

Just recently, over the summer there were commercial ads that ran promoting old navy clothes that featured a woman who looked like an identical Kim Kardashian. The woman who was featured in the commercial is upcoming actress Melissa Molinaro. The commercial was broadcasted on numerous networks and estimated a total reach about 2 million people. Of course, Kim Kardashian caught whim of this and was furious and pursued the clothing company for $20 million dollars in damages. Kim is claiming that the commercials tarnished her image and reputation which is a vital part of her career. Once Kim Kardashian publicly complained about the commercials, Old Navy responded and removed them from the broadcasts. She was not satisfied with just the removal and wants to make sure the clothing giant does not repeat this mistake again. Sadly, the court date is set for April 23,2013 with federal judge Dale S. Fisher. It will be interesting to see what happens in this case and what the judge sees fit. Old Navy is claiming that Kim’s accusations are false because her image and reputation was already tarnished before the commercial even aired. Personally, I hope they have more weapons than just that because they are taking on the the Kardashian family and they are going to need it. 

Curtis James Jackson III vs. Taco Bell (Yum! Brands)

Back in 2008, Taco Bell wanted to spread the word on their “79 cent, 89 cent, and 99 cent” menu but did not want to pay the costs for the publicity and marketing. So they thought that having rapper 50 cent tied in with the company would be a great fit because of his name.They released a letter that was addressed to Jackson to all news outlets around the country, but didn’t send the letter to him first. Inside the letter, they stated that if he would agree to the terms of the contract then they would give him $10,000 dollars to the charity of his choice. This lead consumers to believe that the rapper was a “sell out” and he was a paid endorser of Taco Bell. Curtis Jackson took the food giant to court and sued them in $4 million dollars in damages for using his name and trademark without his authorization to promote their food. Curtis Jackson and his lawyer claimed that Taco Bell not only used his name and image without his permission but enjoyed all the benefits of his mega star publicity without having to pay for the benefits. The case was settled but the terms of the deal were kept confidential but it is defiantly clear to see that Taco Bell were at fault. 

As you can see false endorsements can be very costly to the business and the entertainer. Hopefully more companies will take the necessary and appropriate steps in signing an entertainer as an endorser for their products or services.

-Sara