Entertainment Law in a Nutshell (Nutshell Series) Review

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(More customer reviews)Sorry, I can't agree with the previous rave review.
The book focuses mainly on the movie, TV and music industries. Sports, theater, and, for the most part publishing and electronic gaming are ignored (though of course some focus is to be expected in such a short book). The point of view tends to be that of an attorney representing talent, rather than representing a producer, a studio, an investor, etc.
Prof. Burr's choice of emphasis is odd in many places. For example, she spends 10 pages discussing the privileges and perils of celebrity. Aside from mentioning that Kobe Bryant, Robert Blake and others have been involved in criminal cases, there isn't any mention of legal issues; it's more like a rather tame piece of tabloid journalism. As a result, it seems as if chunks of her book are intended for a popular audience, rather than the typical Nutshell audience of law students or practicing attorneys.
The legal content is very haphazard. If you weren't aware of guild agreements or music performance rights societies, you can learn about them in this book. Prof. Burr introduces some collateral topics such as bankruptcy and trusts and estates law when discussing how entertainers squander their wealth (though to be accurate, she discusses celebrity bankruptcies, rather than bankruptcy law).
On the other hand, entertainment finance and the related securities and corporate law issues never are mentioned. Yet movie lawyers, at least in L.A., actually tend to be quite sophisticated about these topics. Completion bonds aren't discussed at all. TV syndication is mentioned only in passing.
The rights of publicity and privacy are discussed only in the context of celebrities - though they apply to ordinary folks too. If you're buying someone's "life rights", or want to shoot a documentary or publish an interview, you might not know from this text that you need to worry about these subjects.
(In addition, the description of the Eastwood v. Superior Court case (Calif. Court of Appeal 1983) concerning the "right of publicity" is slightly misleading. This right is characterized as a "property interest ... grounded in state staututes, common law, and the federal unfair competition act" (p. 288). In California, the common law right is a component of the right of privacy and is definitely NOT a property interest. Nor is the original California statutory right (Civil Code Sec. 3344) a property right, as the heirs of Bela Lugosi found in a famous case. After that decision, the California legislature passed Civil Code Sec. 3344.1, relating to knowing violations of the right of publicity of a deceased person; it is only this stautory right that is a property right.)
The chapter on entertainment contracts is especially scattered. The movie section has a good discussion of case law concerning "pay or play" provisions, but then jumps around. There's a long discussion of publishing contracts, though the publishing industry isn't mentioned anywhere else in the book. The concept of "turnaround" - one of the great IP inventions of entertainment lawyers - is mentioned only tangentially (as a writer's right of reacquisition) and in a different part of the book; you'll never find it in the scanty index. Generally, contracts are discussed in terms of case law, rather than in terms of the documentation customary in typical deals. This point of view may be helpful for litigators, but definitely isn't a deal lawyer perspective.
A last chapter on globalization mentions piracy in Thailand ca. 1992, but has nary a mention of China (book was written in 2004). Localization, local content requirements and international distribution issues aren't addressed at all.
The book is also marred by bad proofreading and bad editing, with chunks of text being repeated verbatim within a few pages of each other (e.g., compare p. 227 with p. 244, and p. 246 with p. 247). In lieu of this book, I'd recommend you consult a "legal issues for laypeople" type of book that focuses on the particular industry you're interested in, such as Mark Litwak's books or Erickson et al. for the movie business.

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A basic but comprehensive survey of entertainment law, this Nutshell gives a big picture overview of the intellectual property, contract, publicity, estate planning, and First Amendment issues that contribute to the field. Professor Burr also addresses specific legal issues that arise in the film, music, and television industries, including discussion of the rise of reality television. This Nutshell can be assigned as a secondary text to accompany any entertainment law casebook, as the primary text for a seminar, or as background information for someone requiring an overview.

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