I've never actually explained the Work For Hire doctrine in any meaningful way. I've only tiptoed around it, and that's just ridiculous when you consider the fact that artists generally aren't independently wealthy and need to work for a living. Since most artists make their living by creating their work on someone else's dime, that means they're relying on the Work For Hire doctrine even when they don't realize it.
Read MoreIn contract law, there’s something known as “promissory estoppel” which is a confusing and lawyerly name for a very simple concept: when you make a contract with someone, they cannot withdraw from the contract if they can reasonably assume you will rely on them fulfilling the contract and you’re harmed in some way if they do withdraw. In your case, because you signed an employment contract with the production company, had discussions about the job several months in advance and blocked out the time at the expense of other jobs, (meaning they should have realized by taking this job, you were foreclosing other employment opportunities) it sounds like you might have a good argument for promissory estoppel.
Read MoreRecently I held a webinar on contracts during which I made passing reference to the difference between selling and licensing one's work. Afterwards, one of the attendees emailed me asking "so what actually IS the difference between selling your work and licensing it?" It's one of those questions that on the surface feels like it should have an obvious answer but the more I thought about it, the more I realized it's kind of like home equity or taxes (or really anything to do with money)... it's something that as an adult you vaguely understand, but you're honestly not sure and you've gone too long to admit it.
Read MoreHow many lawyers went to law school because they were inspired by a TV or movie lawyer? I bet the number is not zero. Most of the time, you ask a lawyer why she went into the profession, she'll probably rattle off a list: earning potential, prestige, intellectual challenge, the opportunity to help others, etc. And all those are probably true. But let's face it, we live in a pop-culture saturated world and most of us would be lying if we denied being inspired, on some level, by what we saw on screen. I myself was unduly influenced by A Few Good Men. Now I probably would have become a lawyer anyway, but I can't deny that movie was the final push I needed to sign up for the LSAT. I even tried to become a JAG at one point because of it and fortunately (or unfortunately) the U.S. Navy saw right through me.
Read MoreLawyers are cautious by definition. We want you to make good decisions before you act because that’s how you insulate yourself from lawsuits (and make our jobs easier as well). Personally, I’m a bit less conservative than the average attorney. Maybe it’s my background as an artist, but if the winds are favorable, I’m willing to take risks now and then, and I’m willing to counsel my clients to do the same.
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