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The legal process can be just as important as the creative process for filmmakers. Whether you are making the next blockbuster or an independent film for a niche audience, it is important to cover the legal necessities to protect the value of your creative work. A Miami film lawyer can assist on the many legal aspects of making and distributing motion pictures. Our team is well-versed in entertainment law and is ready to step in and assist you.
Commercial filmmaking involves several areas of law that creators will want to consider before, during, and after production. These legal issues can range from business formation for the project, to the necessary steps for protecting the resulting intellectual property. For example, a Miami film attorney can help someone address the following types of legal issues that may occur during the filmmaking process:
The scope of these legal issues can vary from film to film, depending on the size of the project, its financing, and the number of parties involved in its development. It is ideal to have legal counsel from the beginning to advise on any potential problems.
Films and motion pictures are subject to U.S. Copyright Act of 1976, which provides certain rights to the owners of original creative works. Generally, copyright owners have the exclusive right to reproduce, distribute, display, license, and prepare derivative works of their films. Filmmakers in Miami can further assert their claim over original creative works by registering it with the U.S. Copyright Office. Registering a film or motion picture gives notice to other parties about the legal ownership of the work and provides several other benefits, including the right to sue others for infringement and to recover statutory damages.
The registration process requires completion of an application, payment of the necessary filing fee, and submission of a deposit copy of the film. A project may require several copyright registrations for related parts, such as the script, trailers, images, and other advertising for the film. A film IP lawyer in Miami could review the components of a film project to determine which copyright registrations will be necessary.
Copyright infringement is notorious in the film industry, with individuals and organizations improperly reproducing and distributing them on illegal markets and other channels. A Miami-based film lawyer can take several actions on a person’s behalf to limit further damage from the infringement and to recover compensation for losses. Lawyers can report the infringement to get it removed from any online platforms and send cease-and-desist notices to those responsible. Additionally, an infringement lawsuit may be worthwhile to obtain a permanent injunction and recover compensation for businesses losses or illegally obtained profits. Compensation for incurred costs and attorney’s fees are also usually available in a copyright infringement lawsuit. The deadline to file a film infringement lawsuit is three years beginning on the date of the copyright violation.
Working with a Miami film lawyer at the start of your creative process can help you plan for and manage all legal challenges that may occur through the film’s production. If you recently became aware of infringement against your copyrights related to a film or television series, or need help licensing those copyrights, our team of experienced lawyers can help. Schedule a consultation with one of our Miami lawyers today.
