FLORIDA ENTERTAINMENT LAW

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ENTERTAINMENT LAW

Entertainment Law is a comprehensive body of law that includes everything from business formation, e-commerce, manufacturing and employment law, to industry specific contracts, negotiation and litigation in areas such a: music, movie/television, fashion, theater, dance, sports, art, literature and comedy, to name a few. Rian M. Kinney is an experienced attorney who is well versed in the sports and entertainment industries to advise and represent you and your interests. Call 954-599-5245 or complete our form to schedule a consultation.

OUR TALENT PROTECTING YOURS

The Kinney Firm also offers business and brand consulting to assist you in identifying your target market, find the name and brand that will best position you and your company as well as creative development of marketing and branding materials, corporate correspondence and other services to take you and your business to the next level. Call to discuss how we can assist you.

The Kinney Firm is a virtual, Florida based, entertainment law firm that is dedicated to providing personalized legal services to entrepreneurs, innovators and artists, where they need it, when they need it. Large law firms operate on billable hours and their clients pay for every text message, e-mail and phone conversation which leads cost-conscious clients to not want to freely communicate. The Kinney Firm understands its clients’ need to budget and quotes flat fee* (*not including costs, filing fees, etc.), per matter, where possible.

Our attention is to personalized service to assist you and protect you not only in your legal endeavors but in growing your brand and business. The Kinney Firm works with you to understand where you are and where you want to be to be able to properly advise you and assist you in long term growth and planning.

SERVICES

Entertainment Law

Entertainment Law is a complex body of law spanning diverse industries, including everything from E-Commerce, Music, Art, Movies, to Fashion and Publishing. You need an attorney experienced in your industry.

Business Law

If you are starting a business consult an attorney for assistance with Corporate Formation, Business Planning, Protecting Your Logo, Branding, Employee Relations or Franchising.

Sports Law

Whether you are an MMA fighter or an up and coming tennis star, there is a lot to consider as an athlete today: Endorsement Deals, Spokesperson Appearance Fees, Publicity Rights, Reputation Management. We can help.

Intellectual Property

We can help you obtain and defend your Copyright and Trademark against infringement. Know your Intellectual Property Rights.

Civil Litigation

We can assist with your  corporate and entertainment litigation needs; from settlement negotiations to representing you in court.

Branding and Consulting

We can help you with Branding, Marketing, Business Consulting, Corporate Correspondence or Spokesperson services.

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Entertainment Law

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PROTECT YOUR CREATION

WOULD YOU LIKE TO LEARN HOW? LETS TALK ABOUT PROTECTING YOUR CREATIVE WORKS RIGHT NOW CONTACT US

ENTERTAINMENT LAW FAQ

What Are Your Fees and Costs?
Obviously all legal matters are not created equal. There are simple questions and issues that can be quickly and easily addressed and where possible we strive to work on a flat-fee, pay as you go method. You can pre-purchase a 15 minute consultation for $39 or a 30 minute consultation for $75, this does not include time to review documents in preparation of the discussion and advice is based upon the information you provide. Copyright and Trademark Registrations are performed on a flat-fee basis; the rate is dependent upon the type and volume of filings and do not include Federal Filing Fees. Where more in-depth legal analysis and advice is involved our rates are between $200-$350 and hour; excluding litigation. We accept checks and major credit cards. Contact us for a more specific estimate.
What Is The Difference Between Copyright & Trademark?
If you are a creator of intellectual property, you need to know what a trademark and a copyright are and the differences between them. A trademark, or servicemark, depending on whether the referencing goods or services, is an indicator of source; from where the product or service is coming. Think “I’m Lovin’ it” as it pertains to McDonald’s or the Nike “Swoosh” these short phrases or graphic representations indicate to consumers, who created the advertisement or product.

A copyright, by contrast, protects an original work of authorship such as books, movies, songs, paintings, photographs, web content and sometimes even choreography. Do you need to file for Federal Trademark or Copyright protection? In short, yes; if you want to be able to protect yourself against infringers. Having your intellectual property ownership be a matter of Federal record, allows a whole host of benefits, including but not limited to, increased damages when you successfully prosecute infringers (which sometimes serves as a deterrent for would-be infringers), stopping the importation of infringing goods and being able enforce your rights on social media, etc.

If you have intellectual property you would like to protect, contact The Kinney Firm, P.A. to learn more through your complimentary consultation.

Should Band Members Have A Contract Among Themselves?
Understandably, this can be a touchy subject with members of of the band saying, “why don’t you trust me?” or “we don’t need a contract, we’re friends and we’re just having fun.” I always tell my clients contracts are not created to destroy friendships, but maintain them. Contracts allow all parties to clearly define the roles and responsibilities so there are no misunderstandings or hurt feelings that can lead to lengthy and expensive lawsuits later.

Some questions to ask yourself: If you are creating a band name, music, lyrics, etc., who owns them? What share is owned by whom? Are the music and lyrics being co-created or are different members contributing to different aspects of the music and writing differently? What happens if a band member leaves? Can they still perform the songs? There is a lot to consider with Copyright Ownership, Music Publishing and Administration and Licensing, etc., which is why every band needs at least a basic contract wherein the band members can agree how they want to work together.

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THE POOR MAN’S COPYRIGHT

If you are a musician you have likely heard of the Poor Man’s Copyright which is the process where an artist mails themselves a copy of their intellectual property through U.S. Mail in order to establish a registered date of ownership.

What many artists fail to understand is that a work is copyrighted as soon as it fixed in a tangible medium, meaning as soon as you right your words down, video your set, or record your song, it is copyrighted. The poor man’s copyright is not seeking to copyright the material because it is already copyrighted.

And as you will read on Wikipedia, the Copyright Office website and even the linked article, the poor man’s copyright is no substitution for federally registering your copyright with the United States Copyright Office. In order to enforce your legal rights and successfully sue for copyright infringement, your work MUST be registered with the U.S. Copyright office. Many times the Poor Man’s Copyright will not even serve as evidence of copyright ownership for legal or statutory damages, rendering it both a waste of the artist’s time and money.

Do not be penny wise and dollar poor, your creative ideas and work are extremely valuable and you need to invest in yourself as a business. Your investment in protecting your work makes your intellectual property an asset. If you are serious about your entertainment career and protecting your creative assets and intellectual property, the Kinney Firm is a Florida Entertainment Law firm and can assist with the filing for federal copyright protection. The cost is relatively low for the benefit and protection offered, so call or e-mail to schedule your free consultation to discuss properly register your intellectual property.

Business Leader Honored The Kinney Firm as 2012’s Top 300 Small Businesses in the South

Outstanding and innovative marketing lead to the profitable first year in a down market. Ms. Kinney is never one to follow, as evidenced by her two-sided, color business cards featuring her picture with her wearing a boxing glove. “Most lawyers are boring and stick to...
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4 REASONS YOU MUST HAVE A PRIVACY POLICY

In honor of Data Privacy Day, held annually on January 28th, I am outlining 4 reasons you must have a privacy policy.  Operating a website, blog or app exposes you and your business to the laws of the ‘world wide’ web. Whether clients are hiring me for business...
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WHICH IS THE BEST CORPORATE ENTITY FOR YOU AND YOUR BUSINESS?

The Kinney Firm, P.A. can and will assist you with filing the necessary documents with the state of Florida to get you up and running today. If you are uncertain what entity is best for you, review the information below or purchase a phone or e-mail consultation with...
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E-COMMERCE: WHAT IS IT? AND WHY SHOULD I CARE?

E-commerce is the buying, selling, and commercial exchange that occurs on, over and across the internet and you should care because it permeates every aspect of your life and more importantly, your business.

Whether as a consumer, business, artist or athlete there are different guidelines and laws that you should be aware of to protect your rights, intellectual property and limit your liability.

If you are selling goods or services in interstate commerce you should really consider trademarking your business name and/or logo. Why would you spend the hundreds and thousands of dollars to create and market a brand and not take the extra step to ensure that you own your brand, exclusively, and control ho w your brand is positioned in the marketplace. The Kinney Firm is able to assist you in acquiring Federal Trademark protection.

If you have a website, regardless of whether you are transacting business or selling, you must include Terms of Use and a Privacy Policy. This brief synopsis of why you have to include these important on your items on your site is in no way meant to be comprehensive.

Terms of Use define the roles and responsibilities of you, the website owner and service/goods provider and that of the consumer. The Terms of Use is basically a service contract that you establish with users of your page to limit your liability. You can include an arbitration clause which requires disgruntled consumers must go through the less costly arbitration process rather than litigating. You can include a forum selection clause to clearly establish that by using your site your consumers acknowledge your state of operation and residency as proper jurisdiction for any legal disputes that may arise and more. Please contact The Kinney Firm for a consultation to determine your Terms of Use needs and to draft the key terms to protect you and your business, as soon as possible.

A Privacy Policy is necessary whether you are involved in Florida Entertainment, Sports or Business. Website owners owe consumers an explanation regarding how their information is gathered, stored, shared and/or distributed. Clarifying your Privacy Policy with your website users allows them to make an informed decision as to whether they agree to use your website and share their information with you. This simple step can save you thousands in preventing future ligation on claims for damages.

If you or your business are seeking legal advice regarding E-Commerce and how best to protect yourself or business, call or e-mal to schedule your free consultation.

 

PROTECT YOUR ATHLETIC CAREER

DO YOU NEED GUIDANCE TO HELP GROW AND PROTECT YOUR ATHLETIC CAREER? WE CAN HELP. CONTACT US