Answers from Mark Litwak, Attorney At Law
DISCLAIMER: The information provided here is intended to provide general information and does not constitute legal advice. You should not act or rely on such information without seeking the advice of an attorney and receiving counsel based on your particular facts and circumstances. Many of the legal principles mentioned might be subject to exceptions and qualifications, which are not necessarily noted in the answers. Furthermore, laws are subject to change and vary by jurisdiction.
Question: Out of the UC schools here in California, which is the best one to attend for intellectual property and copyright and/or entertainment law?
Answer: UCLA is certainly a good school for entertainment law. Many other law schools also offer such courses. Law students who want to go into entertainment law should take contracts and torts, which all students take, and such electives as copyright, trademark, and maybe patent law. Besides the course work, attending a law school in the vicinity of where you want to practice may have advantages. If you think you will be working in Los Angeles, then attending a school there will allow you to participate in internships and summer jobs that may help you establish the relationships needed to get that first job. Most entertainment lawyers are located in New York or Los Angeles, although those who specialize in music might reside in Nashville, and those who are in multimedia might reside in Seattle or Silicon Valley.
Question: This fall I will be a 3rd year law student at Duke University School of Law. I was hoping you could refer me to some reference source listing Los Angeles law firms specializing in entertainment law (in particular, motion picture and television law). While I have looked in such references as NALP and Martindale-Hubbell, the former only shows big law firms that may have a small entertainment law division while the latter in most cases does not mention the type or the extent of law practiced at the firm. I am looking for some resource that lists all firms (both big and small), lists the extent to which each firm practices entertainment law (5%, 100%, etc.), lists the type of entertainment law practiced (e.g. litigation, transactional, etc.) and lists a contact for each firm where a resume and cover letter can be sent.
In addition, I want to get your opinion about my chances of being hired by an L.A. entertainment law firm. First, I am in the middle of my class at Duke (which is in North Carolina, if you didn't know). Second, I was not hired by any law firm to be a summer associate this summer; however, I am currently interning with the St. Louis Film Office. And in addition to having no prior experience in a law firm, this internship is my only real exposure to the entertainment industry other than a great passion to be a part of it—and it is not really a legal internship. Will L.A. firms take me more serious with this on my resume or is my lack of work experience in a firm environment going to haunt me forever?
Answer: The Hollywood Bluebook Directory has a listing of entertainment lawyers. It does not give all the information that you want but it is a lot easier to use to find the entertainment law firms than Martindale-Hubbell. In regard to finding employment as an entertainment lawyer, you should try to work as an intern or law clerk in a production company, studio or law firm, preferably one in New York or Los Angeles if you plan to go into the movie or television industry. It's not only the experience you'll gain that will make you more valuable, but also the personal relationships you'll forge that may help you get your foot in the door. See my article on breaking into showbiz on this website for additional insight.
Question: My question is along the same lines as the law student from Duke. I have just graduated from Indiana University School of Law, with a JD/MBA. Not until after I began law school did I become interested in entertainment law, otherwise I would have gone to a California school. I'm a bit further along than the above poster, as I've already found, researched, applied to, and been rejected by most of the entertainment firms in L.A. Most won't hire freshly minted lawyers. In what state and in what areas of law in addition to entertainment should I attempt to work for a few years in order to make myself attractive to the aforementioned firms. Is moving to L.A. a necessity at this point? Can I practice corporate/business law in Chicago for 2-3 years and have any hope of making the switch to L.A. at that point?
Answer: It's difficult to break into entertainment law since this is a relatively small field and there are many people who would like to practice this type of law. After you have two or three years of experience, you become a much more valuable commodity. The problem is that law school doesn't give you the practical knowledge that allows you to work in the field. It teaches you the theory and principles, but doesn't really explain on a day-to-day basis how to service clients. Therefore, I would recommend, if there is any way that you can apprentice or intern in a law firm, this could potentially lead to employment. Another way in is working for a large law firm in some other division, such as litigation, and then transferring into the entertainment practice at some future point in time.
Question: I am an Australian who is in his final stages of a law degree at Bond University on the Gold Coast. I intend to complete a Masters program with an entertainment law specialization in the USA. I consider this experience will help in my employment prospects here in Australia. My question is which universities are the leaders in this field?
Answer: Law schools provide an education for lawyers going into many different fields. Many law schools offer intellectual property, entertainment law, copyright law, trademark law, and patent law courses. A number of law schools in New York and L.A. have more than the usual number of entertainment-related courses. You might want to try to enroll in UCLA, USC, NYU, Southwestern or Loyola law schools.
Question: Have read many of your books in my graduate film program, which is based on legal and business aspects of the industry. I also work at a large and well-respected cable network. Does this real-life experience translate well into law school? I would be 33 when I matriculate, if I decide to.
Answer: I am not sure how much your work experience will help you in law school. I think if ultimately you intend to practice entertainment law, or go back to the cable industry, your background will certainly help you understand and succeed in the business. Law is not practiced in isolation. To be an effective lawyer, you have to understand the business of the client.
Question: I am a freshman in college and leaning toward a profession in law. I am very interested in the entertainment law area especially dealing with music. How can I receive more information about a career in entertainment law?
Answer: There is an article that I posted on this website which discusses breaking into show business. Although it deals more with the television and film business, than the music industry, some of the information may prove useful to you.
Question: I am a 1L at New York Law School (not NYU). My first semester GPA was 3.0. I am interested in either media, communication or entertainment law and am applying for two media law fellowships offered at my school: FCC and Capital Cities. I do not have a background in media but do have a strong interest in it. I do not know much about media law and would like to know where I can go to get general information on what attorneys in that field actually do. Also, although I know I'd like to gain exposure in that area, I do not know if I'd be able to articulate that on the interview. I would not want to say something as simplistic "I've always been interested in media" but that is the truth and I would like to combine that interest with my legal education. How can I make that sound more intelligent during my interview?
Answer: There are a number of organizations comprised of entertainment lawyers. The ABA has an Entertainment and Sports Law section. They hold a forum every year and publish a journal. The Beverly Hills Bar Association publishes a variety of publications. California Lawyers for the Arts, and Volunteer Lawyers for the Arts (New York) also have publications, activities, and take on interns. There is an article on my website about breaking into show business that addresses how attorneys can break into the business.
Question: I'm in the process of applying to various law schools in the NYC area, interested in eventually practicing entertainment law. I have an internship right now doing publicity for a large cable network.
My family has mentioned to me that many entertainment lawyers are also agents. I am open-minded and I do love the business. In the excerpts from your book, you write of William Morris and CAA training as a means of getting into the entertainment industry. For a law school graduate, would this program still apply? Also, I plan on working for a year before attending law school. Of course, I want to work in the industry. Would agencies in NY hire a recent college graduate with minimal experience as a receptionist? My bet is that the small ones would. Should I pursue this route, or stick with my comfortable cable network in hopes of advancement? Also, do any entertainment law firms hire interns? Thanks so much
Answer: Most entertainment attorneys are not agents. The entertainment law field spans different areas, including movies, television, book publishing, multimedia, and music. Increasingly, attorneys specialize in one or more of these fields. As far as I know, William Morris and CAA still have training programs, and selection is competitive. Entertainment law firms may employ interns. Some interns, while unpaid, may receive academic credit.
Question: I am currently working on a Masters of Arts in Communications. I am trying to decide on my thesis topic. My goal is to be able to take my thesis to a job interview at a television/film production company and find work in administration. The focus of my Masters thus far has been Copyrights, New Technologies and Society. I am currently thinking that my thesis will cover the topic of Copyright Clearance in the world of New Technologies and the various themes that surround the topic (the changing of the Copyright laws to look at the use of the copy, and how the copy is used, as oppose to the copy itself.) I would ask you for any recommendations you may have for a thesis topic, or if you can advise me on the value of my current topic idea that the industry would place on it. I also have plans to complete an MBA part-time at some point down the line.
Answer: I think the question of worldwide copyright clearance in light of new technologies is a worthy topic, and there are many areas to explore. One topic that I am particularly interested in is how, in a global marketplace, can producers protect themselves considering that copyright laws are applied territorially. In other words, how can an American producer secure all the rights to work created in the United States, and ensure that these rights will be sufficient, if, for example, the final product is distributed in France, where they apply French law?
Question: I am a student in high school who wants both to be an actor and an agent at the same time. I am a Boy Scout and I am doing my last merit badge for Eagle and my question is what are the qualifications that you need to be an agent, and what are some of the job responsibilities. What are some of the different organizations, what are some of the different trade associations, and professional associations? What are some of the government regulations, and licenses involved in the career field? Thank you so much.
Answer: Some states regulate agents, and in those states you need to be licensed in order to act as a talent agent. In California, for instance, you need to register with the Labor Department after qualifying as an agent. Most agents apprentice at an agency before becoming agents on their own. An agent is essentially a salesperson selling talent: writers, actors, and directors. Their trade organization is the Association of Talent Agents, based in Los Angeles.
Question: I have a question regarding starting off as an agent. I am wondering the right schools to look at and how to go about getting some experience in the field before I go to law school.
Answer: Most agents apprentice at talent agencies in order to learn the business. I am not aware of any schools that teach one how to become an agent.
Question: I just completed my second year at the University of Texas School of Law and I am in L.A. to learn more about the entertainment industry. I'm anxious to get involved and hoped you could recommend a few groups, forums, etc., which may be beneficial to make contacts in the field?
Answer: You might want to work with California Lawyers for the Arts (http://www.calawyersforthearts.org or 310-998-5590), which is a volunteer organization of lawyers helping artists. You may also want to join such organizations as IFP West (http://www.ifp.org or 310- 432-1200) and the International Documentary Association (http://www.documentary.org or 213.534.3600).Any source
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