In the film and television industry, "separated rights" refer to specific rights retained by writers under the collective bargaining agreement of the Writers Guild of America (WGA). These rights play a crucial role in how a work is utilized, covering areas like live stage adaptations, merchandising, publishing, and theatrical productions. Legal professionals can provide invaluable assistance by reviewing contracts to ensure compliance with union regulations. This includes verifying the payment of the upset price and separated rights payment, and drafting proper separation of rights agreements. If separated rights were not properly acquired, a lawyer can assess alternative methods for acquisition and provide guidance on compliance. They can also advise producers and studios on their responsibilities towards writers for the exploitation of separated rights, ensuring all obligations are met.

Separated Rights Analysis 

Merchandising refers to the creation and sale of products inspired by films or TV shows, such as toys, clothing, accessories, and collectibles. These products often feature popular characters, logos, or themes from the entertainment property, making them a significant revenue stream for studios, production companies, and creators. Successful merchandising not only boosts profits but also builds brand awareness and strengthens fan engagement. An experienced lawyer can play a crucial role in this process by helping studios and creators draft comprehensive licensing agreements, ensuring clear terms for royalties and usage rights, and providing guidance on use of talent name, voice and likeness and associated payments due from exploitation. Additionally, they assist in negotiating contracts with third-party manufacturers and distributors, ensuring fair terms and compliance with legal standards. To protect the brand’s integrity, lawyers can also work to secure intellectual property rights, monitor for counterfeit goods, and take legal action against unauthorized use of characters, logos, or branding. This ensures the monetization of a brand is done effectively and securely, allowing creators to focus on delivering great content.

Merchandising

Publishing in entertainment often refers to the rights and agreements related to books, scripts, or companion materials tied to a specific production. This can include products like tie-in novels, art books, or even behind-the-scenes guides that expand the universe of a series, movie, or game. For example, a popular series might release a companion novel that delves deeper into the story or an art book showcasing the creative process behind the scenes. A lawyer specializing in entertainment can assist by negotiating publishing agreements, ensuring that the terms are fair, protecting your intellectual property rights, and maximizing your financial benefits

Publishing 

With the growing popularity of entertainment-related video games, such as those based on blockbuster movies, hit series, or beloved franchises, legal oversight has become increasingly important to navigate the complexities of development and distribution deals. These games often involve multiple stakeholders, including production studios, game developers, and distributors, making well-structured legal agreements essential. An entertainment attorney can play a critical role by drafting and negotiating licensing agreements, ensuring the correct and fair use of intellectual property, and resolving potential disputes over revenue-sharing, copyright infringement, or royalty distribution. Additionally, they can provide guidance on compliance with industry regulations, talent name, voice and likeness issues, and help protect all parties’ interests throughout the process.

Videogames

Non-Fungible Tokens (NFTs) are digital assets stored on a blockchain that represent ownership of unique items, such as digital artwork, video clips, music, or memorabilia from films and TV series. Unlike cryptocurrencies, NFTs are not interchangeable due to their distinct nature, making them particularly valuable in industries like entertainment. A skilled lawyer can play a critical role in assisting entertainment clients with the legal complexities of NFT creation, distribution, and sales. This includes ensuring intellectual property rights are properly protected, helping clients avoid potential copyright issues, and advising on licensing agreements. Additionally, lawyers can draft and review smart contracts, which are self-executing agreements embedded into blockchain transactions, to ensure compliance and security in NFT-related deals. By providing this expertise, legal professionals help clients navigate the evolving NFT landscape with confidence.

NFTs

Augmented Reality (AR) and Virtual Reality (VR) are rapidly growing technologies that are revolutionizing the entertainment industry by offering immersive, interactive experiences tied to films, series, and even live events. These platforms allow users to engage with content in entirely new ways, blurring the lines between reality and digital environments. As these technologies evolve, they bring with them a variety of legal considerations. A skilled lawyer can provide valuable support by assisting with licensing agreements to ensure proper use of intellectual property, protecting creative assets from infringement, and navigating the complex legal terrain of user data and privacy concerns. Additionally, a lawyer can help address regulatory compliance and contractual issues that may arise as AR and VR continue to expand into mainstream entertainment.

AR/VR