Read the Terms of Service BEFORE You Install/Update.

Photo by Bram Naus. https://unsplash.com/@bramnaus

My apologies for the long time since my last post! It’s been a pretty busy few months full of deadlines and projects.

Anyway, picking up where I left off, I wanted to talk about the latest trend where some companies are requiring users of their software to grant them ownership of the intellectual property created while using their software. Basically the language in their terms of service agreements says that if you install their software onto your computer hard drive, or download their app to your smartphone, you will be granting them the right to use whatever you have created or performed after the installation, in whatever way they wish to use it, and you would have no recourse in stopping them because you agreed by proceeding with the installation with knowledge of their intent.

I know it is cumbersome and even seemingly overwhelming when you see all the written material associated with the terms of service, but trust me you want to take the time to read the language before you go any further in the process. If you do not read the language to make sure you are in agreement with what limitations you are imposing upon yourself, or what rights you are giving away in regards to your intellectual property, you can not claim lack of knowledge, ignorance, or lack of consent if you find out your material was used in some manner that you do not agree with down the road. Or at least you would need an incredibly novel argument to get around it.

The main reason many of these companies are implementing this new language into their agreements is they want to help train the artificial intelligence data to cue to their products in searches. They do this by using intellectual property to manipulate the algorithm of the searches so that searches produce accurate results. However, it raises a multitude of copyright and trademark infringement issues. By putting this language in the terms of use, it alleviates, or at the very least minimizes, these claims.

For purposes of being a creative who is using any program to create a manuscript, design, or even just a memo or letter, read the terms of service or use from your last update for whatever program you are using now if you did not read it before, and make sure you read the terms if you need to update now.

What’s the Deal with Film Festivals - Should I Go or Not?

Photo by Jake Hills. https://unsplash.com/@jakehills

If you are an independent filmmaker, or looking for work in the film industry, the short answer to this question is yes (if you can afford the costs of travel, lodging, festival tickets, workshops, and food).

Film festivals are a great way for film industry veterans and independents to connect and collaborate. It’s a perfect way to see and meet producers, directors, actors, film crew, screenwriters, film commissioners, distributors, and even entertainment attorneys. You get the opportunity to see how people in the film industry network, how they pitch projects, how they make distribution deals, or just scope out movies being screened for the next potential big hit or the next big stars.

Obviously some festivals are better known than others (like Sundance, Tribeca, SXSW, etc), and as a result are more likely to draw the big names to attend. But as a someone looking for work in the industry as an actor, screenwriter, etc., or an independent filmmaker pitching a project, you never know what opportunities you may stumble upon, or deals waiting to be made at any film festival with just the right lucky break.

Even if you are not in the industry yet but want to be, it’s a good idea to go and see what the film industry is like in reality as opposed to what you may see on tv on the various award shows or on reality tv. I have numerous law school students reach out to me each school year seeking internships because they want to eventually become entertainment lawyers. I also have clients new to the entertainment industry in general that reach out to me about how to gain opportunities in their particular field of entertainment. I always encourage getting hands-on experience within the entertainment industry of interest, and not just focusing on the job you want to do. Volunteer for any position, if possible, in established companies, festivals, etc., so you get to see how they operate from day to day or week to week, and how they make decisions.

I actually added entertainment law to my areas of practice about 10 years ago after volunteering to screen Spanish-language movies for my local film festival (St. Petersburg Sunscreen Film Festival), attending local presentations, taking continuing legal education (CLE) seminars, and networking at various entertainment-related events. So if you are serious about being in the film industry, take advantage of every opportunity you have to absorb as much information about the industry as possible, including participating in film festivals.