Legal Question in Entertainment Law in California

I shot a video with my partner and she never signed a talent release. She is an owner in the company and have sold these products for the last 6 years. Is a talent release implied, can she stop companies from selling these dvd's. Can i keep selling/replicating the dvd's without the release?

Thank you.

Art


Asked on 1/30/10, 8:20 am

1 Answer from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

This is a fascinating question, and one that's difficult to answer without a little research.

Generally, a partner's contribution to the partnership includes his or her personal services, as well as intellectual property created by the partner in the course and scope of the partnership business. So, it could be argued that her performing in the video included an 'implied' release and permission.

The problem is that in the absence of a written agreement, She could argue that the scope of the permission granted is limited, or that the term of rights granted ends with her departure from the partnership/company.

As I said, a little research will shed a lot of light on this issue. Consult an entertainment lawyer who'll know where to start with things, and you'll get the answers you need.

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Answered on 2/04/10, 9:10 am


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