THE NISSENBAUM LAW GROUP IS AVAILABLE TO SERVE AS CLEARANCE COUNSEL FOR FILM AND TELEVISION PRODUCTIONS

Our Firm can Provide Pre and Post Film and Television Production Clearances and Releases to Address Potential Claims of Infringement

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Publications & Presentations

[Please note that the Nissenbaum Law Group does not serve as an entertainment agency, nor does it shop its clients for production or distribution deals.]

The very nature of film and television production creates the possibility of infringing—albeit, inadvertently—on the intellectual property rights of others. The images, music and even dialogue are meant to tell a story that engages the audience. One aspect of doing so is including familiar trademarks, copyrights and even branding, such as logos and product names, in the final version of the film or television show. Infringement can take many forms and indeed, be completely unintentional. A film or television show’s story can violate a literary work’s copyright; a series of notes can just happen to echo a protected musical composition; the use of a digital platform related to a film or television show can incorporate intellectual rights from a virtual work.

The Nissenbaum Law Group has experience serving as clearance counsel regarding all aspects of film production. The firm can review both the pre-production—scripts, storyboards, artwork, locations, soundtracks and such—as well as perform a post-production review of the rough and final cuts of the film or television show itself. It can handle these engagements in most of the United States, including all states in which it has offices—New York, New Jersey, Pennsylvania and Texas—and other states consistent with the multi-jurisdictional rules.

Having clearance counsel for a film or television project is especially important not only to avoid claims of infringement, but also because the errors and omissions insurance that most film and television productions are required to secure imposes the condition that clearances have been obtained. Likewise, motion picture investors will typically require a representation that the releases and clearances are in place. It is a vital part of the film production process.

The Firm is available to act as clearance counsel regarding a wide range of matters relating to film or television production, such as

evaluating logos and branding reflected in the final film or television show;
effectuating digital licensing;
evaluating locations and venues for shooting the production;
reviewing and securing third party rights through non-exclusive licensing;
reviewing dailies and performing footage research;
obtaining prop, artwork and set clearance licensing;
reviewing draft and final versions of the script for copyright issues;
performing post production clearance review;
obtaining necessary intellectual property releases;
assisting in finalizing the documentation for errors and omissions insurance; and
answering questions raised by investors or distributors relating to intellectual property clearances and releases

Serving as Clearance Counsel For Film & Television Production

The Nissenbaum Law Group welcomes inquiries from clients involved in any aspect of major motion picture production, including film studios, producers, directors, performers, talent agents, distributors, financers, publicists, cinematographers, soundtrack composers and engineers. The firm not only practices entertainment law from its offices in New York, New York; Philadelphia, Pennsylvania; Dallas, Texas; and Union, New Jersey, but also handles matters in other states in accordance with the local multi-jurisdictional rules.

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PUBLICATIONS & PRESENTATIONS

Gary D. Nissenbaum, Esq.

Augmented Reality: Gotta Protect That IP, by Gary D. Nissenbaum, Esq. and Laura J. Magedoff, Esq., Apptentive, September 22, 2016
Profiled in: Gary D. Nissenbaum: Ace Gaming Attorney, by David Radd, Gamesauce, September 10, 2016
The Increasing Pace of Digital Change: Why Does Our Culture Always Seem so Blindsided?, Huffington Post, August 4, 2016
The Intriguing Legal Ramifications of Pokémon GO, BrettTerpstra.com, July 25, 2016
Potential Legal Approaches to a Cyberbullying (Co-author), The Young Lawyer, American Bar Association Young Lawyers Division, 2013
Receiving Classified Information: Government Secrecy and the Litigation Process(Co-author), NJ Lawyer Magazine, October 2009
Wrongful Posting on the Internet: The Privacy You Save Could be Your Own, NJ Lawyer Magazine, April, 2008
3/1/18 Interview of Mr. Nissenbaum, Systematic, “The Psychodynamics of Lawyering with Gary Nissenbaum”
1/22/18 Interview of Mr. Nissenbaum, Game Dev Unchained, “The Indie Legal Guide With Gary Nissenbaum”
11/21/17 Interview of Mr. Nissenbaum, Gamesindustry.biz Podcasts, “Licensing Your Intellectual Property”
11/3/17 Interview of Mr. Nissenbaum, Developer Tea Podcast, “The Future (and Past) of Legal for Developers w/Gary Nissenbaum (part 1)”
11/3/17 Interview of Mr. Nissenbaum, Developer Tea Podcast, “The Future (and Past) of Legal for Developers w/Gary Nissenbaum (part 2)”
10/19/17 Interview of Mr. Nissenbaum, Complete Developer Podcast, “Developers and the Law”
10/13/17 Interview of Mr. Nissenbaum, Hansel Minutes Podcast, “Latest Developments in App and Website Law Regarding Clickable Terms and Conditions”

Laura J. Magedoff, Esq.

Augmented Reality: Gotta Protect That IP, by Gary D. Nissenbaum, Esq. and Laura J. Magedoff, Esq., Apptentive, September 22, 2016
Potential Legal Approaches to a Cyberbullying Case (Co-author), The Young Lawyer, American Bar Association Young Lawyers Division, 2013
New York County Lawyer’s Association, EMIPS Committee Comments to New York State Bar Association Report of the Privacy Task Force, Contributing Author, March 2009
It’s All Smoke and Mirrors: State Smoking Bans and Theatrical Performances, AACT Spotlight, November, December 2008
Wrongful Posting on the Internet: The Privacy You Save Could be Your Own, NJ Lawyer Magazine, April, 2008
Panelist, Intellectual Property Protection & Enforcement, New Jersey Bar Association Annual Conference, Atlantic City, NJ, May 2017
Presented Seminar, 2014 Trademark Primer: Prosecution & Enforcement Strategies Every Attorney Should Know, NJICLE, New Brunswick, NJ, November 2013
Presented Seminar, Entertainment Law: A Crash Course in Representing Entertainers & Other “Personalities” for Every Attorney, NJICLE, New Brunswick, NJ, September 2013
Presented Seminar, Entertainment Law 101, National Business Institute, Newark, NJ, March 2013
Presented Seminar, Theatre and the Law, American Association of Community Theatre National Convention, New York, NY, July 2012
Panelist, Emerging Issues in Reality Television, Seton Hall Law School Sports and Entertainment Law Symposium, Newark, New Jersey, March 2012
Panelist, Empower – I Create Nothing. I Own it: A Panel about Establishing and Protecting your Intellectual Property as a Business Asset, New Jersey Association of Women Business Owners’ Annual Conference, New Brunswick, New Jersey, October 2010
Moderator, Engage – The most Powerful Commodity I know is Information, New Jersey Association of Women Business Owners’ Annual Conference, New Brunswick, New Jersey, October 2010
Panelist, Casino Law 2010: Game On!, 2010 South CLEFest, Atlantic City, NJ, August 2010
Presented Seminar, Protecting Your Online Image, Various 2009-Present
Presented Seminar, Comedy and Drama: The Legal Aspects of Community Theatre, American Association of Community Theatre National Convention, New York, NY, July 2008

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Contact the Nissenbaum Law Group to schedule an appointment at 908-686-8000 or feel free to use the following form to e-mail us. Please include as much information as you can to ensure that we are able to handle your request as quickly as possible.

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