Best Media and Entertainment Lawyers in Brooklyn
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Find a Lawyer in BrooklynAbout Media and Entertainment Law in Brooklyn, United States
Media and entertainment law covers the legal issues that arise in the creation, production, distribution, financing and exploitation of creative works. In Brooklyn, an active hub for film, music, publishing, digital media and live performance, these legal issues intersect federal intellectual property rules, New York state law and New York City regulations. Practitioners in this field advise on copyright and trademark protection, agreements for talent and crew, music and sample clearance, licensing, permitting for locations, union requirements, privacy and publicity rights, defamation, and dispute resolution. Because Brooklyn sits inside New York City, local permit and street-use rules, as well as strong industry infrastructure, shape how projects are planned and executed.
Why You May Need a Lawyer
Media and entertainment projects often involve multiple rights, dozens of contributors and public exposure, which can create legal risk. Common reasons to hire a lawyer include:
- Contract drafting and negotiation for writers, directors, producers, performers, distributors and vendors
- Copyright, trademark and publicity-rights clearance and enforcement
- Securing music licenses, synchronization rights and master-use permissions
- Rights clearance for images, archival footage and trademarks appearing on camera
- Permitting and location agreements for filming in public or private spaces
- Compliance with union rules and collective bargaining agreements
- Handling defamation, privacy or right-of-publicity disputes arising from published work
- Insurance, liability and employment issues on productions, including worker classification
- Responding to takedown notices, DMCA claims and online content disputes
Local Laws Overview
Key legal regimes and local considerations that affect media and entertainment projects in Brooklyn include:
- Federal intellectual property law: Copyright and trademark law are primarily federal. Copyright grants exclusive rights to creators and is enforceable in federal court. Trademark law protects brand identifiers and is enforced at state and federal levels.
- New York Civil Rights Law: New York provides statutory protections against unauthorized commercial use of a person’s name, portrait or picture. Privacy and publicity concerns can arise for both private individuals and public figures.
- City permitting and location rules: Filming and certain productions in public spaces usually require permits from the city film office and coordination with police, Parks Department, Department of Transportation and other agencies for street closures, parking and special effects. Private property requires express permission from owners.
- Labor and union rules: Productions using union talent or crew must comply with collective bargaining agreements for wages, benefits, working conditions and hiring halls. New York State and City labor laws also regulate hours, payroll, classification and worker safety.
- Noise, zoning and local practice: Noise restrictions, neighborhood rules and community board concerns can affect shoot times and activities. Zoning rules can impact location use for events and productions.
- Child performer rules: Minors working in entertainment are subject to additional state and city protections regarding work permits, hours, schooling and supervision.
- Defamation and free speech: New York state law governs libel and slander claims, balanced against First Amendment protections. Public-figure standards require actual malice in certain cases.
Frequently Asked Questions
Do I need a permit to film in Brooklyn?
Yes for most shoots in public spaces. Filming on public streets, sidewalks, parks and other city property generally requires a permit from the city office that handles film and production permits. Private property does not require a city permit but does require the owner’s written permission. Additional permits may be needed for road closures, parking, special effects and amplified sound.
How do I protect my screenplay or song ideas?
Copyright protection exists automatically when an original work is fixed in a tangible form. For stronger enforcement rights, register the work with the U.S. Copyright Office. When pitching or sharing unreleased material, consider non-disclosure agreements for sensitive discussions, and document dates of creation and dissemination.
Can I use a song in my film or video without permission?
No not safely. Using a song typically requires a synchronization license for the musical composition and, if you use a specific recorded performance, a master-use license from the recording owner. Public performances also implicate performance rights organizations. Using music without the right licenses can expose you to infringement claims and statutory damages.
What is the right of publicity in New York?
New York law protects against unauthorized commercial use of a person’s name, portrait or likeness. That protection may apply to advertising or other commercial exploitation. Rights and remedies depend on the circumstances, including whether the use is commercial, newsworthy or an expressive work. Consult an attorney to evaluate publicity and privacy risks.
How do I handle talent and crew contracts?
Use written agreements that clearly define scope of work, payment terms, credit, warranties, deliverables, rights granted, termination conditions and insurance requirements. For union talent follow the applicable collective bargaining agreements. Have a lawyer review or draft deals to avoid ambiguity that can lead to disputes.
What should I do if someone claims I infringed their copyright?
Take the claim seriously. Preserve all relevant files and communications, review the claim with counsel, and check whether you have licenses or defenses like fair use. Responding appropriately may involve negotiating a license, taking down content, or litigating if the claim is unfounded. Avoid ignoring takedown notices or litigation documents.
Are there special rules for hiring minors?
Yes. Minors working in entertainment are subject to specific rules about work permits, number of hours, schooling and protections for their earnings. Depending on the production, you may need special permits, welfare workers or studio teachers. Check both state and union rules that apply to child performers.
How do I register a trademark for my production company or title?
Trademark protection can be pursued at the federal level through the U.S. Trademark Office for nationwide rights and at the state level for local protection. Conduct a clearance search for conflicting marks, and prepare an application showing use in commerce or intent to use. A trademark lawyer can help with search, filing and enforcement strategy.
What insurance should a production carry in Brooklyn?
Typical production insurance includes general liability, commercial auto where vehicles are used, workers compensation for employees, employer liability, and errors and omissions for content-related claims. Location owners and vendors often require named-insured status and certificate of insurance. Consult an insurance broker familiar with film and media productions.
How much does hiring a media and entertainment lawyer cost?
Costs vary by the lawyer’s experience, the complexity of the matter and the type of work. Simple contract reviews can be flat-fee priced, while deal negotiation and litigation are often billed hourly. In large deals lawyers may negotiate flat-fees or blended rates. Discuss fee structure, retainer and estimated budget in an initial consultation.
Additional Resources
Organizations and government bodies that are often helpful for media and entertainment matters in Brooklyn include:
- New York City Mayor’s Office of Media and Entertainment - for permits, production incentives and location guidance
- New York State Department of Labor - for employment rules and child performer guidance
- City agencies such as the Department of Transportation and Parks Department - for street use, closures and park permits
- U.S. Copyright Office - for copyright registration and guidance
- U.S. Patent and Trademark Office - for trademark registration information
- Performance rights organizations and music licensing groups - for public performance and music rights
- Industry unions and guilds such as SAG-AFTRA, IATSE and Actors’ Equity - for union standards and agreements
- Volunteer Lawyers for the Arts - New York and local bar association referral services - for legal help, clinics and referrals
- Brooklyn Chamber of Commerce and local film offices or industry associations - for local business support and networking
Next Steps
If you need legal help with a media or entertainment issue, consider these practical next steps:
- Gather documentation - Collect contracts, correspondence, scripts, project budgets, release forms, insurance certificates and any notices or demands you have received.
- Identify deadlines - Note any statutory deadlines, response windows for takedown notices or impending filing dates.
- Seek an initial consultation - Look for an attorney who specializes in media and entertainment law and has experience in New York City practice. Ask about experience with similar matters and local permitting or union issues.
- Ask about fees and engagement terms - Confirm billing method, retainer requirements, estimated costs and get a written engagement letter outlining the scope of representation.
- Preserve evidence and avoid unilateral action - Do not delete files or destroy records. Avoid signing new contracts or making public statements before consulting counsel when disputes arise.
- Consider alternative resources - If budget is a constraint, explore legal clinics, volunteer organizations and law school clinics that offer reduced-fee help for the arts community.
Act promptly when legal issues arise in media and entertainment. Early legal advice can prevent costly mistakes, clarify rights and obligations, and help keep your project on track.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.