FR Entertainment Final

Question 1

What is a right to reserve clause?

Answer 1

A clause that says publishers can withhold a portion of royalties to account for potential book returns from retailers. This protects the publishers from overpaying authors when unsold books are returned​

Question 2

What is the difference between affiliate stations and O&O stations?

Answer 2

An O&O (Owned and Operated) station is directly owned by a network (e.g., NBC owns an NBC O&O).

Affiliates are independently owned stations that have a contract to air network programming but aren’t owned by the network

Question 3

What are the copyrights granted for music?

Answer 3

Musical Composition (owned by the songwriter or music publisher) and
sound recordings (typically owned by the record label​)

Question 4

What is a Section 43(a) claim?

Answer 4

Section 43(a) (15 U.S.C. § 1125(a)) claim allows a civil action against false designations of origin, false descriptions, or misleading advertising that could cause consumer confusion about affiliation, sponsorship, or the origin of goods and services​.

Question 5

What is an all-in contract for film?

Answer 5

An all-in contract for film means the talent’s total compensation includes all associated costs, like agent fees, lawyer fees, or sometimes even residuals — all bundled into one lump sum.

Question 6

What is a 360 deal?

Answer 6

A 360 deal allows a record label to take a percentage of all revenue sources, including touring, merchandising, and endorsements – not just album sales​.

Question 7

What is a synchronization license vs. master use license?

Answer 7

A sync license allows a song to be used with visual media (e.g., movies, TV, ads), it is licensed by songwriters or publishers and paid to the song copyright owner​. A master use license is used when a specific sound recording is being used media, they are licensed by the record label, and paid to the record label and featured artists​

Question 8

What is contingent compensation?

Answer 8

Payment based on a film reaching certain financial benchmarks, such as profits or box office revenue.

Question 9

What is E&O insurance?

Answer 9

Errors and Omissions insurance, it covers anything that general liability insurance won’t cover. E&O insurance protects filmmakers from legal claims like copyright infringement, defamation, or privacy violations in their work.

Question 10

What is a possessory credit?

Answer 10

A possessory credit is a special credit given to a director or producer that signifies a high level of creative control over a film, such as “A Film by [Director’s Name].”

Question 11

What are the duties of a literary publisher and a music publisher?

Answer 11

A literary publisher edits, produces, markets, and distributes books; they also pay authors advances and royalties, manage printing and sales, and sometimes handle subsidiary rights (like film or translation rights).

A music publisher promotes songs, licenses them for use (e.g., in film or commercials), and collects royalties (performance, mechanical, sync), ensuring songwriters get paid and their rights are protected.

Question 12

What is the CA Coogan Act?

Answer 12

The Coogan Act (California Family Code §§ 6750-6753) is to protect child performers’ earnings. It requires that 15% of a minor’s earnings be set aside in a Coogan Trust Account, which cannot be accessed until the minor turns 18. The Act also provides a court approval process to prevent minors from disaffirming contracts​.

Question 13

What is SoundExchange?

Answer 13

SoundExchange collects and distributes royalties from digital, cable, and satellite music services (e.g., Pandora, SiriusXM) for non-interactive streaming

Question 14

What is a PRO?

Answer 14

Performing Rights Organizations (PROs), such as ASCAP, BMI, SESAC, GMR, PMR.

Question 15

What is the DeHaviland and Desny holding?

Answer 15

In De Havilland v. Warner Bros., 67 Cal. App. 2d 225 (1945), the California Court of Appeal ruled that Warner Bros. could not indefinitely extend Olivia de Havilland’s contract due to suspension periods. This case helped limit restrictive long-term studio contracts and led to greater freedom for actors​.

The holding in Desny v. Wilder (1956) is that an idea can be legally protected if it is disclosed under an implied-in-fact contract—meaning if the idea is submitted with the expectation of payment and the recipient knows or should know that compensation is expected, the submitter may have a claim if the idea is used without payment.

Question 16

What is the cross-collateralization clause?

Answer 16

A cross-collateralization clause (also called “basketing”) allows the publisher to recoup an author’s advance from multiple books or rights deals, meaning if one book underperforms, the publisher can take royalties from another book to cover the loss.

Question 17

What is retransmission consent?

Answer 17

A rule allowing broadcast stations to negotiate compensation with cable/satellite providers for the right to retransmit their signal.

Question 18

What is a complete guarantee bond?

Answer 18

A third-party guarantee that a film will be finished on time and on budget, or the bond company pays the investors back.

Question 19

What is the difference between off-network v. first run syndication?

Answer 19

Off-network syndication: Reruns of shows that originally aired on a network (e.g., Friends).

First-run syndication: Shows made specifically for syndication, not for a major network (e.g., Judge Judy).

Question 20

What is a nonrefundable but recoupable advance?

Answer 20

A nonrefundable but recoupable advance is money the author or artist keeps no matter what (nonrefundable), but the publisher or label will deduct that amount from future royalties before paying anything more (recoupable).

Question 21

What are the importance of credits?

Answer 21

Credits are crucial because they serve as recognition for individuals’ contributions, impact professional reputation, and influence future employment opportunities. They also affect residuals and union requirements.

Question 22

When can a publisher reject a writer?

Answer 22

A publisher can reject a writer’s manuscript if it is not acceptable in form and content under the publishing agreement. However, courts have limited this discretion by requiring publishers to act in good faith and make reasonable efforts to publish once a manuscript is submitted.

Question 23

What is a loan out corporation?

Answer 23

A loan-out corporation is a company set up by an individual (like an actor, writer, or musician) that “loans out” their services to studios or employers, rather than contracting personally — mainly for tax advantages and liability protection.

Question 24

What are the purposes of copyright law?

Answer 24

To promote the progress of science and useful arts by granting authors and creators exclusive rights for a limited time (U.S. Constitution, Art. I, Sec. 8), and to incentivize creative expression while ensuring that works eventually enter the public domain for public use

Question 25

What is the importance of January 1, 1978?

Answer 25

The 1976 Copyright Act took effect, changing copyright duration, formalities, and protections. Works created on or after this date receive automatic copyright protection without registration or notice requirements

Question 26

What is a controlled composition?

Answer 26

A controlled composition is a song written (or co-written) by the recording artist

Question 27

What is VARA, and what does VARA protect?

Answer 27

The Visual Artists Rights Act (VARA) grants limited moral rights to authors of visual artworks, including: * Right of attribution (to be credited as the author). * Right of integrity (to prevent distortion or destruction of the work). Only visual artworks like paintings, drawings, sculpture, and photographs in limited editions are protected.

Question 28

Essay Q: ...

Answer 28

Key Factors Support Her Claim: Use of Her Persona: They used her image, which clearly invokes her identity. Commercial or Promotional Use: If the ABA used her image to draw attention, promote their viewpoint, or increase public engagement with their advocacy — even if not directly selling a product — it can be considered commercial exploitation under many right of publicity statutes. No Consent: If Lohan did not consent to the use of her image, this strengthens the claim. Implied Endorsement: Even if no words explicitly suggest her endorsement, her image might mislead the public into thinking she supports or is affiliated with the ABA’s position, which courts may find problematic (see White v. Samsung, Midler v. Ford). Potential Defenses for the ABA: Expressive/Newsworthiness Defense: If the ABA argues that the article was a newsworthy commentary or political speech, they might invoke First Amendment protection. No Commercial Purpose: If they can show the image was used strictly for educational, editorial, or non-commercial purposes, not to exploit Lohan’s fame, that could be a defense — though this is a gray area. Bottom Line: If the image implies endorsement or commercial association without consent, Lindsay Lohan likely has a strong right of publicity claim — especially under California law, where such claims are robust. Want help drafting a short memo or IRAC-style answer on this?