Netflix recently announced that it plans to invest $1 billion to transform the 292-acre former Fort Monmouth Army base into a film and television production industry. This year alone, several notable movies have been filmed throughout the state, including The Housemaid starring Sydney Sweeney and Happy Gilmore starring Adam Sandler. All of this to say, now more than ever, New Jersey has become a prominent state for TV and film production. If you are employed in this industry at any capacity, you must understand the intellectual property (IP) laws that come into play before a film hits the big screen, so to speak, for consumers to watch. With that being said, please continue reading to learn the types of IP laws that affect the film industry and how an experienced Essex County, New Jersey intellectual property lawyer at The Inger Law Firm can help you remain in line with them.
What types of IP laws affect the film industry?
As you can assume from the long list of credits that roll on the screen at the end of a movie, many departments of employees contribute to the final product of an original film (i.e., production, direction, camera and lighting, sound, art, costume, special effects, stunts, post-production, etc). With so many characters at play, assigning IP rights and parameters may get easily confused.
The head producer is usually responsible for creating and managing IP agreements during a film’s production. First, they may establish a chain of title document to record transferred ownership rights to produce, distribute, and exploit the film. For example, the original author of a novel may transfer their copyright ownership to a production company to adapt it into a screenplay.
Within a chain of title document, there may be a work-for-hire agreement. These agreements may be between the producer and the film’s writers, music composers, video editors, etc. This simply confirms that, at the end of the day, the production company will hold the ownership rights over this created work.
Can I sue over infringement of an original film?
A chain of title document is deemed pivotal for producers, as it allows them to secure financing for the film’s production. That is, investors and financiers typically want to know who owns the title to the film before they contribute funds towards it. What’s more, distributors want to confirm that a production company has the right to distribute the film in the first place.
But also, such IP agreements fight against potential legal disputes in the future. That is, if there is no historical documentation of ownership transfers or otherwise a clear disclosure of who has the right to what, there is a greater likelihood of a copyright infringement case. So, if you never signed a work-for-hire agreement for your project, you may have a claim on your hands.
The first step toward preparing yourself for this legal action is to retain the services of a skilled Essex County, New Jersey intellectual property lawyer. Look no further than The Ingber Law Firm.