Customer Reviews

The Permission Seeker's Guide Through the Legal Jungle: Clearing Copyrights, Trademarks and Other Rights for Entertainment and Media Productions (Guide Through the Legal Jungle)

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When deciding whether a book is worth the effort of reading, the first thing I do is look at the table of contents. The second thing I look at is the index. Turning to the table of contents, I discovered that the author begins with a summary of contents listing the chapters, and then sets out a detailed table of contents listing each numbered section of each chapter. This format is standard for law school texts and legal practice manuals, and the detailed table of contents can send you directly to topics of burning interest without having to search for them, either in the index or by thumbing through scanning the first sentence of paragraphs. When I turned to the index, I found that it, like the indices for most law books, is somewhat skimpy.

Because the book is formatted like a law school text or legal practice manual, I was afraid it might be written in the dry, prolix style of law school textbooks. It isn't. It is written in plain, colloquial English, and the concepts are explained in lucid fashion. Another helpful feature is the generous cross-referencing done in the text. Because the author presupposes that you are probably going to use the detailed table of contents to go directly to your area of interest without reading the book cover-to-cover, whenever she uses a term or mentions a concept that you might not understand, she cross-references you to the section where it is discussed in detail. She also includes an appendix of forms for use in conjunction with your quest for permission to use (and use of) copyrighted materials.

I have read a number of books on copyright, getting permission, and the public domain, but I have not found one as user-friendly or as enjoyable to read as this one.

Publishers, Writers, Visual Artists, Musicians, Film, TV, Website Producers, online entrepreneurs, and anyone interested in protecting themselves from infringing on the copyrighted material or trademarks of others, - may find this well-written book helpful.

The author's analysis and checklists offer ways to minimize infringement risks in media productions. The rights clearance process is explained.

A timely book. Recommended reading for beginning to learn about how to get permission to use specific materials. Some basic relevant laws are included.

I work in an Entertainment Media college where I run the student portal where we publish information and news stories that pertain to the world of entertainment media. I also have been a blogger for five years and recently I founded TuDiabetes.com, an online community for people touched by diabetes. So I am familiar with challenges that a publisher faces when trying to use certain assets for a publication and the permissions that are needed for doing this, and I have also had numerous interviews with attorneys specialized in the topic of intellectual property applied to this specific space.

When I learned about this title by Joy Butler I couldn't imagine a better fit for anybody needing to make sense of the "fine print" in entertainment media. Whether you are an artist, writer, publisher, producer or simply knowing what you can or cannot do to make sure you don't run into dangerous territory with regards to the use of media, this book is for you.

Wow! If you're a filmmaker, producer, entertainment lawyer or film student I've just read a new book that's will make your life a whole lot easier. Attorney Joy Butler's new book The Permission Seeker's Guide Through the Legal Jungle: Clearing Copyrights, Trademarks and Other Rights for Entertainment and Media Productions is a comprehensive, easy-to-use compendium of all the general knowledge you need to make the right choices in regards to the tricky subject of rights clearance.

The organization of the book is user-friendly. A brief overview at the outset helps the reader understand who the book is for and what issues will be addressed within. Then, in common language (not legalese), the book takes you through the laws relevant to rights clearance and the clearance issues for specific types of productions including those made by visual artists, musicians and film and television producers. In Part III Butler guides you through the process of rights clearance - how to get your "house in order," how to request permission, negotiating for the rights you need etc.

At each step along the way Butler reminds you of the risks you may run if you don't secure rights to the material in your productions. Yet she never pushes the panic button. She lets you know that there are upsides and possible downsides to each rights clearance issue. The book provides the reader with the knowledge and the tools to make informed decisions about the rights clearance issues they may be facing. In fact it especially helps to clarify theses issues for the uninitiated, helping you understand what rights may need to be cleared. This makes it an invaluable book for law and film students and should make it a required text for any class dealing with legal issues in film and media production.

The writing is clear, interesting and easy on the brain. Butler has a huge amount of expertise on this topic, and she's readily able to digest it for her readers. Her Rights Clearance workshops, hosted by CineWomen NY, are always sell-outs and it's easy to see why from reading this book. I highly recommend this valuable new addition to the literature of legal issues in entertainment to everyone working in the industry.

Elizabeth V. Foley, Elyria Pictues
[...]

Most of us have a sense of when we can use a song or a printed article or some other work that is protected by copyright. And most of us are wrong. We see news articles about this kid or that mother and some other person being sued for violating someone else's ownership rights. While most of us don't publish or perform in public, photocopiers, the web, and digital file formats make potential criminals of us all. Well, maybe criminal is a bit strong, but we often put ourselves at risk without realizing it.

This handy guide by Joy R. Butler will give its readers, maybe users is a better term, some good first defense understanding of what they need to seek out and do in order to use materials created or owned by others. It is well organized and written in everyday English rather than legalese. She has organized the book's 28 chapters into six parts:

1) Overview of Rights Clearance Issues
2) Relevant Rights and Laws
3) Clearance Issues for Specific Productions
4) The Process of Clearing Rights and Seeking Permission
5) Seeking Permission to use Specific Materials
6) Minimizing Your Risks and Protecting Yourself

There is also an appendix on resources and another for some basic forms.

Really, I never thought much about these issues until I joined the board of a classical music group here in Ann Arbor. While most of what we sing is long out of copyright, some is not. Frankly, I did not realize how closely groups like ASCAP and BMI monitor groups like ours. It is important to keep them, well, at bay. So, learn what you need to do before the trouble comes.

This book is vastly less expensive the lawyer time. So, pick up a copy and get yourself oriented. That way, when you need to use an attorney you will know why and doing it on your terms rather than reacting to someone coming after you for something you didn't even realize could even be a problem.

If you are currently working as a producer in the entertainment or media industry then a copy of Joy Butler's "The Permission Seekers Guide Through The Legal Jungle" should be within your reach at all times. Joy Butler covers it all from copyrights to trademarks, libel, slander and privacy issues, what material might be considered to be obscene or indecent and the list goes on and on. I simply had no idea just how many issues producers have to contend with when putting together a play, movie or television show. There are so many nuances and caveats in the law and many of the rulings eminating from the courts these days are quite inconsistant to say the least. Since there is likely to be a considerable amount of money at stake in these productions Joy Butler usually recommends getting permission and clearance from the appropriate parties whenever possible. "The Permission Seekers Guide Through The Legal Jungle" is also most helpful in defining key terms that those in the business must have a clear understanding of if they are to be successful in their work. As someone who does not work in this field, I found the numerous case studies that were included in this book to be extremely effective in illustrating the points of law that were being discussed. Finally, at the end of the book Joy Butler has included more than fifty pages of resources and sample forms that will assist you in the process of clearing rights. Very helpful indeed!

It occurs to me that in addition to being a valuable reference resource for those already working in this field "The Permission Seekers Guide Through The Legal Jungle" would also serve as a terrific supplemental text for those taking courses in media production at the college level. Again, this book is written in simple, easy to understand language that I really appreciated. As Joy Butler points out frequently throughout this book, the law surrounding these complex issues is constantly changing. As such, this is a book that will likely be revised from time to time. The issues are presented in a very logical sequence and the table of contents should allow most people to find exactly what they are looking for very easily. Highly recommended for those working in the industry and a pretty fair cover to cover read for anyone else who might be interested in these issues.

Entertainment attorney Joy R. Butler presents The Permission Seeker's Guide Through the Legal Jungle: Clearing Copyrights, Trademarks and Other Rights for Entertainment and Media Productions, a no-nonsense "how-to" guide for anyone seeking to efficiently gain the rights to use protected materials ranging from quotes to people's names and faces, brand names, life stories, and other protected concepts. Chapters cover the basics of copyright and trademark; clearance issues specific to publishers, writers, visual artists, musicians, film or TV producers, website producers, and businesses; the process for seeking permission; practical methods for minimizing risk; and more. "Insurance companies may have a duty to indemnify you, a duty to defend you, or both... If the policy offers a duty to indemnify without a duty to defend, you may be responsible for paying your own legal costs for responding to the lawsuit." Extensive appendices of resources and forms as well as an index round out this "must-have" legal primer for anyone with a media career. While absolutely not a substitute for the professional counsel of an attorney, The Permission Seeker's Guide Through the Legal Jungle should be read cover-to-cover before one steps into the office of an attorney who charges hefty fees by the hour.

Serendipitously, I received entertainment and business attorney, Joy R. Butler's "The Permission Seeker's Guide through the Legal Jungle" when a good friend of mine was in the process of designing and launching his website. Knowing that he had some trademark issues ( he had recently come up with a logo for his goods and services and wanted to protect his intellectual property) I promptly handed over this book and awaited a detailed synopsis of his first hand experience with it.

His comments exceeded my initial impression of this guide. While my reading of the book revealed a tightly crafted compendium of situations and solutions that arise during the identification and elimination of rights clearance problems in media production ----think anything through which people communicate and express themselves i.e., film, video, television programs, newspapers, magazines, posters, computer games, comic books, paintings, photographs, fine art, advertisements, websites, sculptures, books, etc.--my friend's opinion waxed practical as he followed the steps to insure that his production contained no material that violated the rights of another person.

Specifically, he wanted to use a song and CD photo on a website that he had heard on a CD and change key lyrics to reflect and promote his product and personal enterprise. Author Butler explains how to identify the rights owner - in this case the owner of the recording and the photographer of the photograph used on the CD cover----and how to seek permission to use the music and the photo. Using Butler's techniques, my friend successfully accomplished his mission and both the edited song and the photo appear on his website without the fear of kindling a lengthy expensive and tiresome lawsuit.

Butler's guide is definitely well organized; the summary table of contents, the table of contents and the index lay out with an encyclopedic precision exactly what the book contains. She presents an overall format for using the book, defines and explains relevant rights and laws, relays clearance issues for each media type, details the process of clearing rights and seeking permission, while minimizing risks and protecting oneself from possible lawsuits. Specific information is extremely easy to find within this volume; all topics are comprehensive, well documented and easy to read and comprehend with procedural information as well as examples of up-to-date cases and court rulings.

Bottom Line? On a real and practical level, Joy R. Butler's "The Permission Seeker's Guide through the Legal Jungle" provides a wealth of information that every writer and publisher should own and reference to avoid rights clearance problems in any media production. Recommended highly for all those who need to know the law and make it work in their favor.
Diana Faillace Von Behren
"reneofc"

Joy R. Butler is endlessly impressive as she charts and details all of the legal choices, decisions and ramifications behind being a producer: that higher stage of artist which combines talent and inspiration with the realities of the global marketplace. This is, definitely, a book for the artist who is taking their craft and their lives to that next level.

The degree to which she covers virtually every subject that could be covered re copyrights, permissions, trademarks, etc. is daunting. The book in fact is so detailed and voluminous that being shellshocked or momentarily disheartened as an artist will be inevitable. Showing once again how litigious our society is, amongst her many examples of interpretations of the law--and what artists and producers must contend with in that context--include the following: a treasured Muslim friend & assistant of Spike Lee unexpectedly suing him for the right to be considered a co-writer of his masterpiece MALCOLM X; and Eminem's fourth grade bully suing him to get a share of a song written about him being overcome later in life after it broke the Billboard charts! (And we wonder why stars can be so aloof.)

Butler does say at the outset, however, that there may be big chunks of the book not designed for you, given your artistic specialty. And indeed, every artistic specialty is covered: from visual arts to computer arts; dance to drama; music of all genres to literary works; videos to commercials, TV, cinema and documentaries.

You may walk away from this book thinking as I do: I gotta hire her as my lawyer! But either way, in the end, you'll walk away from this book feeling inspired, as the wealth of information provided supplies you with new ways to approach your work--beginning with the degree to which it is or isn't dependent on the inspiration and marketable work of others. Knowing your options regarding trademarks, copyrights, and other rights to use or transform works that have either come before you or are part of your individual and unique production teaches you how to think big time--really big time--as an artist. And helps make the inevitable success associated with taking this mindset on possible.

Highly recommended.

It is no secret that we live in a time of challenged media boundaries. If I commit journalism under direction from a local metropolitan newspaper but work at home on my computer and follow my own schedule, what are my responsibilities vis-a-vis the work I create? Will someone at the paper "proof" my facts? Can I assume so? Can I say something mean about a celebrity if I think it is true? Can I say something mean about a celebrity after s/he dies? What if I am positive that the person who said those mean things is absolutely correct in his/her opinion? If I quote my source, can I still get in trouble?

Yes, you can, and therein lies the genius of Joy Butler's proactive and assertive new book THE PERMISSION SEEKER'S GUIDE THROUGH THE LEGAL JUNGLE: CLEARING COPYWRIGHTS, TRADEMARKS AND OTHER RIGHTS FOR ENTERTAINMENT AND MEDIA PRODUCTIONS GUIDE. Ms. Butler is an attorney who writes more like a journalist. If not for a very hardworking few like her, many of us -- professional writers and artists; semi-pros; even amateurs who like to keep their rights to their own work -- would be forced into a Neverland of obsolete advice, old wives' tales, dubious "rules" and bungled attempts to address this situation as "ethics" in journalism textbooks. Or pay megabucks to rarefied intellectual-property attorneys who may not know your own situation as well as you do.

Is it safe to assume that your media benefactor, be it a free weekly or a national magazine, has your best interests at heart and will let you retain rights or "borrow" them for further publication? Does it matter whether you were paid for such work or did it as a volunteer? Well, maybe and maybe not. Ms. Butler shows us -- patiently and logically -- the legal concepts you must deal with to keep in shape, intellectual-property speaking. You see,making it personal means you're already lost the battle -- keep what you know is yours to yourself and you won't have to worry about corporate largesse, whether intentional or un.

The specific strategy Butler's uses the most is in fact a kind of "assertiveness training" in print -- allowing us to assert and protect our rights before they hiccup away in a flurry of contractual fine print; keeping us from breaking the law when we are at our most well-meant; and helping us through the many fine points that come with a complex and now technologically hyperbolic field, which all the while tries to run concurrent with the Anglo-American milieu of legal rule and precedence, not to mention legislation that is often obsolescent as soon as it sees print.

Copyright, trademark, patents and other intellectual propery is a huge field, but often a bewildering and confusing mess that even most lawyers-in-training are leery of. THE PERMISSION SEEKER'S GUIDE is not an easy book, because the law is not easy. But it is the most helpful book of its kind I have read. Even if you're an attorney or a very experienced writer with a great agent and editor, I'll wager you will learn things from this important and generous book. I certainly wish it were around 20 years ago when I started writing for pay; and I certainly learned more after reading the book. THE PERMISSION SEEKER'S GUIDE deserves a wide audience.