ENTERTAINMENT LAWEntertainment law covers those areas of law governing professionals and businesses in the enter-tainment industry, particularly contracts and intellectual property; more
Trang 1To print a final copy of a document In archaic
criminal law, engrossment was the process of
forcing higher the price of a good by buying it up
and creating a monopoly
Engrossment was used in ancient law where
the method of drawing up a written deed or
contract involved working out a rough draft and
then having the final terms of the instrument
copied legibly onto parchment paper Today the
term denotes modern forms of copying,
includ-ing engravinclud-ing or any other such form of
printing that will provide a legible final copy
Engrossment is also used to describe a step in
the enactment of statutes During the legislative
process, a bill may be debated, read, altered, or
amended until it is ultimately passed in a final
form The process of engrossing is the printing of
an act in its final form and its enrollment
ENGROSSED BILL
A legislative proposal that has been prepared in a
final form for its submission to a vote of the
law-making body after it has undergone discussion and
been approved by the appropriate committees
ENHANCEMENT
Increase in value; improvement
Enhancement is generally used to mean an
increase in theMARKET VALUEof property that is
the result of an improvement
The enhancement of a criminal penalty
means the increase of punishment, such as by
increasing a jail sentence This type of
enhance-ment might be affected when the criminal’s
motive is found to be particularly depraved
ENJOIN
To direct, require, command, or admonish
Enjoin connotes a degree of urgency, as
when a court enjoins one party in a lawsuit by
ordering the person to do, or refrain from
doing, something to prevent permanent loss to
the other party or parties This type of order is
known as an injunction
ENJOYMENT
The exercise of a right; the possession and fruition
of a right or privilege Comfort, consolation,
contentment, ease, happiness, pleasure, and
satis-faction Such includes the beneficial use, interest,
and purpose to which property may be put, and implies right to profits and income therefrom
ENOCH ARDEN DOCTRINE The Enoch Arden doctrine consists of the legal principles involved when a person leaves his or her spouse under such circumstances and for such a period of time as to make the other spouse believe that the first spouse is dead, with the result that the remaining spouse marries another, only to discover later the return of the first spouse Generally, in most states, it is safer for the remaining spouse to secure a divorce before marrying again
The Enoch Arden doctrine is named from the title of the famous poem of Alfred, Lord Tennyson, which recounted the story of a sailor who after being shipwrecked for ten years returned home to discover that his wife remarried The sailor, however, refused to disrupt the remarriage Jurisdictions recognized the need to deal with Enoch Arden marriages since, traditionally, a person can lawfully be married to only one spouse at a time In an Enoch Arden situation, the spouse who has remarried does so based upon the GOOD FAITH
belief that the absent spouse is dead Neverthe-less, he or she could be legally charged with, and prosecuted for, bigamy Under both canon and common law, the remarriage was regarded as void AB INITIOand any children born of it were considered illegitimate In some jurisdictions, the spouse who remarried could also be sued by the new spouse for annulment or divorce on the ground of bigamy These harsh results led state courts and legislatures to resolve such cases
Many jurisdictions passed statutes based upon one enacted in 1603 during the reign of King James I of England, which barred the conviction of a spouse on bigamy charges if he
or she remarried seven years after the absent spouse disappeared without any knowledge that the absent spouse was alive Such statutes transformed the probability of the death of the absent spouse into a LEGAL CERTAINTY States subsequently liberalized the original statute by permitting remarriage after a five-year period as opposed to a seven-year period
Such statutes do not, however, endow the remarriage with legal status if the absent spouse is alive Additional legislation was necessary to provide a means for legal recognition of the remarriage A spouse who plans to remarry can
ENOCH ARDEN DOCTRINE 179
Trang 2commence an action for divorce based upon desertion, if he or she can establish that the absent spouse intended not to resume their marital relationship and willingly left home without justification for the requisite time period
The facts of many Enoch Arden cases do not establish desertion, however Legislatures have taken a variety of approaches to solve this difficulty Some statutes provide for the judicial dissolution of a marriage, provided a spouse has been absent for five consecutive years without any knowledge that he or she is alive, the spouse who commences the dissolution proceeding believes that the absent spouse is dead, and a diligent search was undertaken but there was no evidence that the absent spouse is alive A spouse must obtain a dissolution of the marriage by the court before he or she can legally remarry or else the remarriage will be void as a bigamous marriage Statutes usually require the spouse who initiates the proceedings
to place a notice for a specified time in a newspaper judicially regarded as most likely to give notice to the absent spouse SuchSERVICE OF PROCESSby publication satisfies the
constitution-al requirements ofDUE PROCESS OF LAWin regard
to the dissolution of the marriage, but it does not necessarily affect property or other rights
Another statutory approach involves a court inquiry made when the spouse planning to remarry applies for a marriage license The absent spouse receives notice by publication, and the outcome of the proceeding is a court finding of the death of the absentee, provided a diligent search was conducted Although such a proce-dure recognizes the common-law presumption of death after seven years’ unexplained absence, it permits a finding of death where the absence has been for a shorter time Once the court makes a finding that the absent spouse is dead, the appropriate agency can issue a marriage license
to the applicant and the remarriage is and remains valid, even if the absent spouse returns
Other jurisdictions dispense with the re-quirement of LEGAL PROCEEDINGS and recognize the validity of a remarriage when the spouse is absent and there is no knowledge that he or she
is alive for a statutory time period A few states modify this general rule by either refusing to treat the remarriage as valid if the absent spouse and his or her survivor agreed to separate or if the survivor has not made reasonable inquiries
to locate the missing person
CROSS REFERENCE Marriage.
ENROLLED BILL The final copy of a bill or joint resolution that has passed both houses of a legislature and is ready for signature In legislative practice, a bill that has been duly introduced, finally passed by both houses, signed by the proper officers of each, approved by the governor (or president), and filed
by the secretary of state
Under the enrolled bill rule, once an election for the adoption of a statute is held, the procedural method by which the measure was placed on the ballot cannot be challenged with a lawsuit since judicial inquiry into legislative procedure is barred as an intrusion into the internal affairs of the lawmaking body
In addition, this rule enhances the stability of statutory enactments Citizens can reasonably rely on the legality of filed enactments As a result, an enrolled bill is the most authoritative source of statutory law in a jurisdiction
ENTAIL
To abridge, settle, or limit succession to real property An estate whose succession is limited to certain people rather than being passed to all heirs
In real property, a fee tail is the conveyance
of land subject to certain limitations or restric-tions, namely, that it may only descend to certain specified heirs
ENTER
To form a constituent part; to become a part or partaker; to penetrate; share or mix with, as tin enters into the composition of pewter To go or come into a place or condition; to make or effect
an entrance; to cause to go into or be received into
In the law of real property, to go upon land for the purpose of taking possession of it In strict usage, the entering is preliminary to the taking possession but in common parlance the entry is now merged in the taking possession
To place anything before a court, or upon or among the records, in a formal and regular manner, and usually in writing as in to enter an appearance, or to enter a judgment In this sense the word is nearly equivalent to setting down formally in writing, in either a full or abridged form
Trang 3ENTERTAINMENT LAW
Entertainment law covers those areas of law
governing professionals and businesses in the
enter-tainment industry, particularly contracts and
intellectual property; more particularly, certain legal
traditions and aspects of these areas of law that are
unique to the entertainment industry
The entertainment industry includes the
fields of theater, film, fine art, dance, opera,
music, literary publishing, television, and radio
These fields share a common mission of selling
or otherwise profiting from creative works or
services provided by writers, songwriters,
musi-cians, and other artists
Contracts
The entertainment industry exists in a state of
economic uncertainty Entertainment
compa-nies continually form, merge, re-form, and
dissolve Furthermore, consumer tastes in
artistic products can change quickly, thrusting
certain artists or artistic movements to the
heights of popularity and reducing others to
obscurity Because of this instability, the
enter-tainment industry relies on complex contracts,
which usually are drafted to protect
entertain-ment companies against economic risk
Personal Service Agreements The PERSONAL
SERVICEagreement is a primary legal instrument
in the entertainment industry It is negotiated
between an artist and a company that
manu-factures, promotes, and distributes the artist’s
goods or services The agreement often binds
the artist to produce for one company for a
certain period of time Personal service
agree-ments are often governed by statutes and are
often the subject of litigation because they
restrict the rights of artists to perform or create
for any entity except for the company with
whom they have contracted
Artists generally do not have the resources
necessary to manufacture, market, and
distrib-ute their goods or services Instead, they must
find an appropriate entertainment company to
do so Entertainment producers (e.g., book
publishers, record companies, movie studios,
and theaters) often invest large amounts of time
and money in promoting and selling artists’
talents or products to consumers Most artists
fail to earn a profit for their producer A few,
however, earn enormous sums To ensure that
artists who generate a profit remain with the
company, producers use personal service
agreements to bind artists for a certain time, during which the producers attempt to recover their investment in the artist, make a profit, and cover losses from less successful artists
In some entertainment industries, personal service agreements are structured using options
Options give a producer the right to extend an agreement for several time periods For exam-ple, a record company may contract with a musician to provide one album during the first year of the agreement, with an option to extend the contract After one year, if the record company feels that it would be economically wise to release a second album by the musician, the record company may exercise its option and require the musician to provide the second album
Under option contracts such as this, producers can keep artists on their roster for many years, or
as long as the artists remain profitable
Some option contracts can be disastrous for the artist For example, musicians sometimes sign an option agreement without a provision that they may break the agreement if the record company fails to release their works Many recording artists have been held in professional limbo by record companies that refuse to release the artist’s music and also refuse to allow the artist to record for another company This practice, known as shelving, is used by some record companies to prevent economically risky artists from becoming valuable assets to other record companies
Most artists, such as musician Bob Dylan,
do not have the resources to produce, manufacture, market, and distribute their own works As a result, they make contracts with entertainment companies to promote and sell their work to consumers.
AP IMAGES ENTERTAINMENT LAW 181
Trang 4Other entertainment industries use short-term personal service agreements rather than option agreements For example, film studios often contract with actors, directors, screen-writers, and other creative artists on a one-film basis Short-term agreements allow studios to avoid paying guaranteed fees to artists whose market might dissipate overnight In the early days of the film industry, studios bound stars to long-term agreements That system changed in the 1940s, when certain stars demanded fees that were higher than studios were willing to pay Those stars then demanded, and received, one-film contracts for their services, which became the standard The television industry,
by contrast, still uses long-term agreements for its talent in many areas
Litigation over personal service agreements is common in the entertainment industry Often, artists who are relatively unknown are willing to enter into an agreement that drastically favors the company with which they are signing Once an artist achieves success and sees the profits that the company is making from his or her services, the artist may demand higher fees or royalties or to
be released from the contract Conflicts such as this often end up in court, where companies typically demand that the court order the artist not to perform for anyone else while the contract
is in dispute (This type of order is known as a negative injunction.) Whether the contract will be enforced and the artist required to perform under the agreement is usually determined by whether the contract meets certain legal requirements based on the state laws that govern it
Contract for Rights Another primary type of contract in the entertainment industry is the contract for rights, which often involves a transfer
of copyright ownership or a license to use certain creative property (e.g., a song or photo)
Many times, a contract for rights is combined with a personal service agreement
The agreement often will state that any work created by the artist during the term of the agreement is considered a work for hire The company with whom the artist has contracted often receives automatic ownership of the copyright to a work for hire For a work for hire to exist, the artist must either be an employee of the company or create the work pursuant to a valid written agreement, and even then, the work must fall within a few specific categories defined by copyright law
A license is a contract through which the artist or copyright holder grants certain rights to another party and promises not to sue them for certain activities For instance, a novelist might grant a license to a film studio to create a screenplay based on a novel A license specifies the fee or royalty to be paid to the artist, the exact scope of use of the copyrighted material, and the time period for which the company may use the material, as well as any other conditions that the parties agree to attach to the license
Unique Aspects of Entertainment Industry Contracts
Complex Royalty and Payment Provisions Because entertainment companies often risk large losses, the contracts they use often contain clauses that artists may consider unnecessarily complex or one-sided For example, film studios often base payments to talent in part on net profits The calculations that are necessary to determine net profits, as defined in a typical contract, can be mystifying to those who represent the talent A screenwriter or an actor who receives bonuses or royalties on net profits might be paid little or nothing on a film that has earned hundreds of millions of dollars but is still showing a loss according to the net-profits calculation Net-profits clauses have resulted in several high-profile lawsuits, including Buch-wald v Paramount Pictures Corp (13 U.S.P.Q.2d [BNA] 1497 [Cal Super Ct 1990]), Garrison v Warner Bros., Inc (No CV 95-8328 [C.D Cal filed Nov 17, 1995]), and Batfilm Productions, Inc v Warner Bros (Nos B.C 051653 & B.C
051654 [Cal Super Ct Mar 14, 1994]) Record companies also use complex con-tractual formulas to determine royalty payments
to their artists Companies typically offer seemingly large royalty percentages to artists Various clauses in the recording agreements then are used to reduce the royalty percentages, reduce the number of units on which royalties are paid, and delay payment for many months Although a few small record companies have made some effort to simplify the structure of recording agreements, the major record com-panies and their smaller affiliates have fought to maintain the more complex, formula-based agreements
Advances Many entertainment contracts are structured with advances Advances are
Trang 5payments made to an artist before any actual
income is received by the company that
manufactures or delivers the artist’s products
or services For example, an author might
receive an advance of $50,000 when a
manu-script is approved by the publisher This
advance is normally nonrefundable, even if the
publisher never earns money from the
publica-tion of the author’s work However, the
publisher will keep any royalties that would
have been payable to the author, until the
author’s advance and other expenses have been
recouped by the publisher
Contracts with Minors Contract law in many
states requires that specific steps be taken in, or
clauses added to, a contract with a minor, to
ensure that the contract is valid Often,
compa-nies will require that the minor’s parents
execute a valid release, under which they
guarantee the services of the child and agree
to be held liable for damages if the child fails to
perform under the terms of the contract
Contracts with Intermediaries Successful
artists are surrounded by many individuals
who are responsible for enhancing and
protect-ing their career Unknown artists use the services
of such intermediaries to help them become
known to more powerful figures in the
enter-tainment industry Intermediaries have various
names and functions, but all serve to promote an
artist’s visibility and success in the industry For
this service, they generally take a percentage of
an artist’s earnings or a portion of the artist’s
property rights in the artist’s creations
Agents Agents are individuals who procure
employment and other opportunities for artists
In film production, agents find actors roles or
pitch screenwriters’ works to studios, producers,
and actors In music production, agents procure
live engagements for musicians In book
publish-ing, agents attempt to secure publishing
agree-ments for authors For their services, agents often
receive between 5 and 25 percent of an artist’s
revenues that are obtained through the agents’
efforts Agents nearly always require an artist to use
only their services, while they usually serve many
artists Agents are strictly regulated in some states,
especially states with large and successful
enter-tainment enterprises Agents have become
power-ful figures in the entertainment industry
Personal Managers Personal managers are
individuals who guide various aspects of an
artist’s career In the early stages of an artist’s career, the manager might act as agent, publicist, contract negotiator, and emotional counselor
As an artist gains in stature and income, the personal manager’s primary tasks are to choose and to direct specialists to handle various aspects
of the artist’s career For these services, personal managers often receive 10 to 20 percent of an artist’s income from all sources
Attorneys Attorneys in the entertainment in-dustry perform many standard legal functions such as conducting litigation, giving business advice, protecting INTELLECTUAL PROPERTY, and negotiating contracts Entertainment attorneys also serve as industry intermediaries, promoting their clients in order to procure contracts for the artists’ products and services For these services, entertainment attorneys are paid either
an hourly fee or a percentage of an artist’s income
Entertainment attorneys often face difficult conflicts of interest For example, an attorney who has represented a record company is often pursued by a recording artist to shop the artist’s material to that company The artist knows that the company will often trust the attorney’s opinion of the artist’s marketability, which gives the artist a better chance of obtaining a recording contract The attorney, however, is often privy to confidential information about the record com-pany or still represents the comcom-pany in related negotiations Attorneys and artists have been involved in several high-profile disputes because
of such conflicts of interest
Intellectual Property The entertainment industry’s primary product
is intellectual property, protected by copyrights,
TRADEMARKS, and the right of publicity A majority of the terms in entertainment contracts concern the ownership and use of this property
Songs, plays, films, works of fine art, books, and even some choreographed works are copyrightable The contractual terms that define the ownership and use of these works are often negotiated for months, with both the artist and the entertainment company vying for as much control of the intellectual property as possible
U.S copyright law contains provisions that are specifically directed at the entertainment industry For example, the songwriter—or the copyright holder, if the songwriter has trans-ferred the song’s copyright or created the song
ENTERTAINMENT LAW 183
Trang 6as a work for hire—decides who can first record
a song for publication However, once the song has been recorded and published, the copyright holder may no longer limit who may record the song If a song’s copyright owner has previously granted permission for someone to record a song, or if the songwriter has recorded and commercially released a recording of the song, the copyright holder is required by copyright law to grant a license to anyone else who wants
to record that song This is called a compulsory license A licensee who records a song under a compulsory license is required to follow strict statutory guidelines for notification of its use and reporting sales and royalties to the copyright holder The fee for a compulsory license is set by Congress at a few cents per recording manufac-tured and is adjusted for inflation every few years
A separate copyright exists in each legally recorded version of a song Therefore, when a musician records a song after receiving the appropriate license from the owner of the song’s copyright, that musician owns a separate copyright in the recorded version of the song
Copyright law also directly addresses the unique needs of dance, theater, and other performing arts A creator of choreography may claim a copyright for that choreography once it has been fixed in a tangible form, such as
on a video recording The choreography then may be used only with the permission of the copyright holder
One key aspect of copyright law as applied
to the entertainment industry is that of deriva-tive works A copyright holder initially controls who may create a work based on the artist’s original work For instance, a film studio generally may create a screenplay based on a novel only with the written permission of the novelist or other copyright holder This control
is critical to authors and screenwriters, whose works can be adapted to various other media:
films and sequels, television series and movies, audiotapes, toys, games, T-shirts, and other products derived from the work An author can forgo millions of dollars of potential income simply by allowing a publisher to own and control the rights to create and license any such derivative works based on the author’s work
Entertainment company names, band names, performers’ pseudonyms, and, more rarely, performers’ legal names, can be protected under U.S trademark laws Like other
businesses, entertainment entities have an inter-est in preventing others from using names that are so similar to theirs as to cause confusion among consumers as to exactly who is delivering certain products or services Therefore, many entertainment entities register their names with the U.S.PATENT AND TRADEMARK OFFICEand claim the exclusive right to use their names In most cases, such names will be registered as service marks, rather than as trademarks For instance, bands who register their band name as a trademark typically will register for performance
of entertainment services Once an entity receives
a registration from the U.S Patent and Trade-mark Office, no other entity may use the name,
or a confusingly similar name, to provide services similar to those provided by the registrant Use and ownership of trademarks by members of a band or other entertainment company can be a source of great controversy when the entity dissolves If, prior to dissolu-tion, the owners or members of the entity have not agreed as to who may use the trademark after dissolution, lengthy legal battles can result
as different members or factions try to use, and prevent the other members from using, the trademark
Electronic Copyright
In the mid-1990s, a new format known as MP3 (Motion Picture Experts Group-1 Audio Layer 3) emerged, allowing digital music to be compressed and stored in one-tenth of the space in which a CD can store it The result was
a widespread growth of public access to digitized music The electronic distribution and the digitization of music increased specu-lation that royalties to artists would be reduced radically as a result of the new technology Napster In early 1999 Shawn Fanning, who was only 18 at the time, began to develop an idea as he talked with friends about the difficulties of finding the kind of MP3 files they were interested in He thought that there should
be a way to create a program that combined three key functions into one These functions were a search engine, file sharing, (i.e., the ability to trade MP3 files directly, without having to use a centralized server for storage), and anINTERNETRelay Chat (IRC), which was a means to find and chat with other MP3 users while online Fanning spent several months writing the code that would become the utility
Trang 7later known world-wide as Napster Napster
became a nonprofit online music-trading
pro-gram that became especially popular among
college students, who typically had access to
high-speed Internet connections
In April 2000, the heavy metal rock group
Metallica sued Napster for copyright
infringe-ment Several universities were also named
in this suit Metallica claimed that these
universities violated Metallica’s music
copy-rights by permitting their students to access
Napster and to illegally trade songs using
university servers A number of universities
already had banned Napster prior to April 2000
because of concerns about potential copyright
infringement and/or because traffic on the
Internet was slowing university servers Yale
University, which was named in the suit,
immediately blocked student access to Napster
Metallica argued that Napster facilitated illegal use of digital audio devices, which it alleged was a violation of the RACKETEERING
Influenced and Corrupt Organizations (RICO) act Napster responded that copying a song from a CD to a personal computer—when that
CD was lawfully purchased—is a reasonable use
of the copyrighted material according to the fair use doctrine It argued further that if this file happened to be accessible on the Internet, then others could access or download it without being guilty of a crime or civilly liable for copyright infringement Napster further claimed that since it made no profit from the trades, it owed no money in royalties Among other things, when courts determine whether fair use has occurred, they assess how much of the copyrighted material was used and the economic effect this use has on the copyright
The Fiduciary Duty of Entertainment
Attorneys: Joel v Grubman
A
B
n attorney has a duty to act solely in the
client’s best interests, to disclose any
poten-tial conflict of interest, and to withdraw if a conflict
would impair the attorney’s ability to represent the
client In 1992 pop singer Billy Joel sued his former
attorney Allen J Grubman and Grubman’s law firm
for $90 million, claiming that Grubman had
commit-ted fraud and breach of contract The suit alleged
that while representing Joel throughout the 1980s,
Grubman had defrauded the singer out of millions of
dollars by negotiating secret deals with Joel’s
manager, Francis Weber, and by allowing Weber
to control the law firm’s representation, often in
direct conflict with Joel’s best interests Joel
claimed that if the firm had notified him of Weber’s
actions, Joel could have prevented millions of
dollars in losses to his manager The singer claimed
that the law firm was concerned primarily with
enhancing its own reputation by keeping him on its
client roster, and did not want to risk losing Joel as
a client by angering Weber
Joel also alleged that Grubman failed to
disclose that the law firm represented Joel’s label,
Sony Music, and that such representation was an inherent conflict of interest that biased Grubman’s judgment during contract negotiations
The law firm claimed that it had done nothing illegal or unethical in its representation of Joel, and stated that it was hired by Joel only to negotiate contracts, not to monitor the business ventures of Joel’s manager Furthermore, the firm claimed that Joel had earned millions of dollars as a result of his recording contract, proof that its advice to him during negotiations with the label were not affected
by the firm’s relationship with Sony
The case sent shock waves through the entertainment industry, where it is not uncommon for attorneys to represent both sides of a contract negotiation, or at least have ongoing client relation-ships with both sides, and it is also not uncommon for an attorney to respect the decisions of an artist’s manager even though the attorney’s client is the artist Joel and Grubman settled the case without disclosing the terms of settlement
CROSS REFERENCES Attorney Misconduct; Conflict of Interest.
ENTERTAINMENT LAW 185
Trang 8owner The U.S Court of Appeals for the Ninth Circuit held that Napster’s operation
constitut-ed copyright infringement
iTunes
In 2003 Apple launched the iTunes Store on the Internet to provide a virtual location where consumers are able to buy and download digital music on demand In a mere five years, by 2008, Apple announced that it had sold more than
4 billion songs and was the second largest U.S
retailer of digital music The success of the iTunes Store has eroded CD sales significantly, thereby changing the face of the entire music industry Although Digital Rights Management (DRM) software prohibits digital music pur-chasers from sharing that music with others and thus allows copyright holders to prevent unauthorized duplication of their work, some major music labels have agreed to offer its songs
on iTunes DRM—free
Personal Rights
A successful artist’s name and image can become valuable commodities Use of the artist’s name and likeness by another party can infringe on rights held by the artist The legitimacy of such uses is often unclear and is based on several areas of law that overlap and sometimes contradict each other, such as right
to privacy, right to publicity, unfair competi-tion, defamacompeti-tion, andFIRST AMENDMENT law
Concerns about long-term contracts and record labels taking advantage of rock stars have caused major stars to lobby Congress Don Henley, Sheryl Crow, and Alanis Morissette have spoken before Congress on the need for rock stars to represent their own interests, without so much interference or control from record companies One of the most vocal groups is the Recording Artists Coalition, which includes as its members singer-songwriter Don Henley, Eric Clapton, Joni Mitchell, Q-Tip, and Peggy Lee
FURTHER READINGS Burr, Sheri L 2007 Entertainment Law in a Nutshell 2d ed.
St Paul, MN: West.
Greene, K.J 2008 “‘There’s No Business Like Show Business’: Using Multimedia Materials to Teach Entertainment Law.” Saint Louis University Law Journal Spring.
The Entertainment and Sports Lawyer (various issues).
Levitt, Carole, and Mark Rosch 2003 “Finding Entertain-ment Law Online, from Scholarship to Scandals ” Los Angeles Lawyer 26 (May).
Loyola of Los Angeles Entertainment Law Review (various issues).
Pinguelo, Fernando M 2009 “Morals? Who Cares About Morals? An Examination of Morals Clauses in Talent Contracts and What Talent Needs to Know ” Seton Hall Journal of Sports and Entertainment Law 19 Stansky, Lisa 2002 “Contracts, Rights, and Land Deals— That’s Entertainment.”Student Lawyer 31 (November) CROSS REFERENCE
Art Law.
ENTICE
To wrongfully solicit, persuade, procure, allure, attract, draw by blandishment, coax, or seduce To lure, induce, tempt, incite, or persuade a person to
do a thing Enticement of a child is inviting, persuading, or attempting to persuade a child to enter any vehicle, building, room, or secluded place with intent to commit an unlawful sexual act upon or with the person of said child
ENTIRETY The whole, in contradistinction to a moiety or part only When land is conveyed to husband and wife, they do not take by moieties, but both are seised of the entirety Parceners, on the other hand, have not an entirety of interest, but each is properly entitled to the whole of a distinct moiety The word is also used to designate that which the law considers as one whole, and not capable of being divided into parts Thus, a judgment, it is held, is an entirety, and, if void as
to one of the two defendants, cannot be valid as
to the other Also, if a contract is an entirety, no part of the consideration is due until the whole has been performed
ENTITLEMENT
An individual’s right to receive a value or benefit provided by law
Commonly recognized entitlements are benefits, such as those provided by SOCIAL SECURITYor workers’ compensation
ENTITY
A real being; existence An organization or being that possesses separate existence for tax purposes Examples would be corporations, partnerships, estates, and trusts The accounting entity for which accounting statements are prepared may not be the same as the entity defined by law
Trang 9Entity includes corporation and foreign
corpo-ration; not-for-profit corpocorpo-ration; profit and not
for-profit unincorporated association; BUSINESS
TRUST, estate, partnership, trust, and two or more
persons having a joint or common economic
interest; and state, U.S., and foreign governments
An existence apart, such as a corporation in
relation to its stockholders
Entity includes person, estate, trust,
govern-mental unit
ENTRAPMENT
The act of government agents or officials that
induces a person to commit a crime he or she is
not previously disposed to commit
Entrapment is a defense to criminal charges
when it is established that the agent or official
originated the idea of the crime and induced the
accused to engage in it If the crime was
promoted by a private person who has no
connection to the government, it is not
entrap-ment A person induced by a friend to sell drugs
has no legal excuse when police are informed that
the person has agreed to make the sale
The rationale underlying the defense is to
deter law enforcement officers from engaging in
reprehensible conduct by inducing persons not
disposed to commit crimes to engage in
criminal activity In their efforts to obtain
evidence and combat crime, however, officers
are permitted to use some deception For
example, an officer may pretend to be a drug
addict in order to apprehend a person suspected
of selling drugs On the other hand, an officer
cannot use chicanery or fraud to lure a person to
commit a crime the person is not previously
willing to commit Generally, the defense is not
available if the officer merely created an
oppor-tunity for the commission of the crime by a
person already planning or willing to commit it
The defense of entrapment frequently arises
when crimes are committed against willing
victims It is likely to be asserted to counter
such charges as illegal sales of liquor or narcotics,
bribery,SEX OFFENSES, and gambling Persons who
commit these types of crimes are most easily
apprehended when officers disguise themselves
as willing victims
Most states require a DEFENDANT who raises
the defense of entrapment to prove he or she did
not have a previous intent to commit the crime
Courts determine whether a defendant had a predisposition to commit a crime by examining the person’s behavior prior to the commission of the crime and by inquiring into the person’s past criminal record if one exists Usually, a predis-position is found if a defendant was previously involved in criminal conduct similar to the crime with which he or she is charged
When an officer supplies an accused with a tool or a means necessary to commit the crime, the defense is not automatically established
Although this factor may be considered as evidence of entrapment, it is not conclusive
The more important determination is whether the official planted the criminal idea in the mind of the accused or whether the idea was already there
Entrapment is not a constitutionally required defense, and, consequently, not all states are bound to provide it as a defense in their criminal codes Some states have excluded it as a defense, reasoning that anyone who can be talked into a criminal act cannot be free from guilt
ENTRY The act of making or entering a record; a setting down in writing of particulars; or that which is entered; an item Generally synonymous with recording
Passage leading into a house or other building
or to a room; a vestibule
The act of a merchant, trader, or other businessperson in recording in his or her account books the facts and circumstances of a sale, loan, or other transaction The books in which such memoranda are first (or originally) inscribed are called books of original entry, and are PRIMA FACIE
evidence for certain purposes
InCOPYRIGHTlaw, depositing with the register
of copyrights the printed title of a book, pamphlet, and so on, for the purpose of securing copyright on the same
In immigration law, any coming of an alien into the United States, from a foreign part or place
or from an outlying possession, whether voluntary
or otherwise
InCRIMINAL LAW, entry is the unlawful making
of one’s way into a dwelling or other house for the purpose of committing a crime therein In cases of
BURGLARY, the least entry with the whole or any part of the body, hand, or foot, or with any instrument or weapon, introduced for the purpose
ENTRY 187
Trang 10of committing a felony, is sufficient to complete the offense
In customs law, the entry of imported goods at the custom house consists in submitting them to the inspection of the revenue officers, together with
a statement or description of such goods, and the original invoices of the same, for the purpose of estimating the duties to be paid thereon
In real property law, the right or authority to assert one’s possessory interest or ownership in a piece of land by going onto the land
ENTRY OF JUDGMENT Formally recording the result of a lawsuit that is based upon the determination by the court of the facts and applicable law, and that makes the result effective for purposes of bringing an action to enforce it or to commence an appeal
Entering judgment is a significant action because it establishes permanent evidence of the rendition by the court of a judgment Under some statutes and court rules, judgment is entered when it is filed with the appropriate official; under others, it must actually be noted
in the judgment book or civil docket
The entry of a judgment is not the same as the rendition of a judgment Rendition is a judicial act by a court in pronouncing the sen-tence of law based upon the facts in controversy
Entry occurs after the rendition of judgment and
is a ministerial act that consists of recording the ultimate conclusion reached by the court in the action and providing concrete evidence of the judicially imposed consequences It serves as
a memorial of the action
ENUMERATED This term is often used in law as equivalent to mentioned specifically, designated, or expressly named or granted; as in speaking of enumerated governmental powers, items of property, or articles
in a tariff schedule
ENVIRONMENTAL LAW
An amalgam of state and federal statutes, regulations, and common-law principles covering air pollution, water pollution, hazardous waste, the wilderness, and endangered wildlife
Almost every aspect of life in the United States is touched by environmental law
Drinking water must meet state and federal quality standards before it may be consumed by the public Car MANUFACTURERS must comply with emissions standards to protect air quality State and federal regulations govern the manu-facture, storage, transportation, and disposal of the hazardous chemicals used to make deodor-ants, hair sprays, perfumes, makeup, fertilizers, herbicides, pesticides, detergents, cleansers, bat-teries, and myriad other common goods and products
Common Law Under the common law, environmental liti-gation revolves around six doctrines: nuisance,
TRESPASS, NEGLIGENCE, STRICT LIABILITY, prior ap-propriation, andRIPARIAN RIGHTS
Nuisance Modern environmental law traces its roots back to the common-law tort of nuisance
A nuisance is created when an owner or occupier of land unreasonably uses that land in
a way that substantially interferes with the rights
of others in the area A nuisance is sometimes referred to as the right thing in the wrong place, like a pig in a parlor instead of the barnyard Nuisances can be public or private A public nuisance interferes with a right or interest common to the general public, such as the public’s interest in healthful drinking water A private nuisance interferes with a right or interest
of a private individual, such as a homeowner’s right to the quiet enjoyment of her land The primary practical difference between the two types of nuisance is that a government department, such as a state or federal environ-mental agency, traditionally brings suit to enjoin a public nuisance, whereas only private citizens and organizations may sue to stop a private nuisance The two concepts can also overlap A nuisance that interferes with a private use of property can simultaneously interfere with a public interest For example, factory smoke that diminishes the value of neighboring property is a private nuisance, and it is at the same time a public nuisance if it also endangers surrounding wildlife
Courts engage in a balancing test to determine whether a particular activity amounts
to a public or private nuisance A particular activity is declared a nuisance when its useful-ness is outweighed by its harmfuluseful-ness The harmfulness of an activity is measured by the