Elliot Michael Zimmerman, Board Certified Intellectual Property Attorney
Elliot Zimmerman, P.A.
1776 N. Pine Island Rd., Suite 224
Plantation, FL 33322
(954) 565-6996
[email protected]
http://cyberlaw.info and http://cyberentertainmentlaw.com
Attorney at law licensed by the State of Florida and the United States District Court for the Southern District of Florida since 1981. Martindale-Hubbell AV Rating. Board Certified Intellectual Property Attorney authorized to engage in a multi-jurisdictional federal copyright and trademark practice.
Areas of Concentration: entertainment, music, emusic, fine art, television, radio, advertising, publishing, film, internet and cyberlaw (litigation, trademarks, copyrights, domain name disputes and contracts).
Representative Clients: Luther Campbell (2 Live Crew), Aretha Franklin, Planet Hollywood, Bobby Kimball formerly of Toto, Ray Sawyer formerly of Dr. Hook and the Medicine Show, Carl Gardner’s Coasters, The Ink Spots, Ahmad Jamal, John “Spider” Martin and Whole Foods Market.
The CyberEntertainment Lawyer
It’s no secret that all forms of entertainment have embraced and migrated to the web. Why? The internet allows you to select what, when, where, and how the new media is delivered. The present technology provides a vast new world of opportunities to those engaged in the entertainment industry, including artists, musicians, producers, actors, writers, production companies, the film industry, radio and television stations, record distributors, game designers, and many more.
Notwithstanding, along with this freedom of choice comes several problems that we have not had to address in the past.
It was not long ago that Napster offered you the ability to download mp3 music files without having to purchase the CD. And there were those who thought it was legal to engage in cybersquatting by buying domain names of famous companies, like Panasonic, or individuals, like Madonna, and then trying to gouge them by offering to sell those very names back at a greatly inflated price.
Even today, it is not uncommon for some to illegally download mp4 files containing feature films that have not yet been released in theaters, and/or participate in identity theft, cyberbullying, pirating, copyright and trademark infringement, email scams, spam, and much more. In fact, the internet, in many respects, is still much like the wild west.
On the one hand, let’s suppose you had good intentions and didn’t realize it was illegal to click that hyperlink which allowed you to receive an mp3 containing songs from a copyrighted CD, or an mp4, mpeg, mp2, divx, avi or mov file containing a film or television show from a copyrighted DVD or Blu-ray disc. When you receive that letter from a cable company, lawyer, law firm, the RIAA, or MPAA, threatening a law suit, what will you do?
The answer is don’t deal with it alone. Anyone who represents him/herself has a fool for a client. It is imperative that you select an attorney who not only practices entertainment law, but internet and technology law (“cyberlaw”), intellectual property law, and litigation.
On the other hand, let’s review a scenario where we are not dealing with pending litigation and/or damage control, but building a new entertainment entity like an internet record distribution company, recording studio, or something along those lines. Before the internet, many felt it was not necessary to perform a trademark or domain name search to clear the name for the entity. Today, it is absolutely essential to the survival of any business that its brand be available as a trademark and domain name. That’s just the tip of the iceberg.
Cyber entertainment attorneys are cut from different molds. Some engage in purely transactional matters like drafting contracts, reviewing and negotiating record, tv, mp3, CD, music, video, film, DVD, movie, license, assignment, and other such deals. Others may practice litigation, where they either represent a plaintiff or defendant in a pending or filed lawsuit concerning trademark, copyright and/or meta tag infringement, domain name disputes and/or cybersquatting, .Then there are those who do both, and more…
Elliot Zimmerman has practiced cyberentertainment law and litigation since 1981. In addition, he is also a recording artist and computer programmer. As such, he is uniquely positioned to know the intricate nature of your entertainment or cyber business.
Practice Areas
■LITIGATION:
■U.S. District Court for the Southern District of Florida
■Florida State Court
■Federal Copyright and Trademark Litigation In All Forums
■FILM: covering option agreements, finance, chain of title issues, talent agreements (screenwriters, film directors, actors, composers, production designers), production and post production and trade union issues, distribution issues, motion picture industry negotiations distribution, and general intellectual property issues especially relating to copyright and, to a lesser extent, trademarks;
■MULTIMEDIA, including software licensing issues, video game development and production, Information technology law, and general intellectual property issues;
■MUSIC: including talent agreements (musicians, composers), producer agreements, and synchronization rights, music industry negotiation and general intellectual property issues, especially relating to copyright;
■PUBLISHING and print media issues, including advertising, models, author agreements and general intellectual property issues, especially relating to copyright;
■TELEVISION and RADIO including broadcast licensing and regulatory issues, mechanical licenses, and general intellectual property issues, especially relating to copyright;
■THEATER: including rental agreements and co-production agreements, and other performance oriented legal issues;
■VISUAL ARTS AND DESIGN including fine arts, issues of consignment of artworks to art dealers, moral rights of sculptors regarding works in public places; and industrial design, issues related to the protection of graphic design elements in products.
■DEFAMATION (libel and slander), personality rights and privacy rights; issues also arise in entertainment law.
■ENTITY FORMATION:
■Incorporation
■Limited Liability Companies
■Partnerships
■Limited Partnerships
■Joint Ventures
■CYBERLAW:
■Website Privacy Policies
■Website Development Contracts
■Copyright & Trademark
■Trademark
■Domain Name Disputes
■Web Hosting Contracts
■Service Provider Agreements
■Software Development Contracts
■Site License Agreements
■Employment Contracts
■Non-Disclosure Agreements
■Assignments
■Technology Licensing
■Escrow Agreements
■Software Consulting Agreements
■Web Consulting Contracts
■Web Advertising Contracts
■Data Ownership
■CyberSquatting
■Internet Attacks & Hacking
■Unfair Competition
■Unfair Trade Practices
■Defamation
■Uniform Computer Info. Trans. Act
■Computer Fraud & Abuse Act
■Uniform Electronic Transactions Act
■Electronic Signatures Act
■MEDIA LAW, including the following:
■Advertising
■Broadcasting
■Censorship
■Confidentiality
■Contempt
■Copyright
■Firm law
■Defamation
■Entertainment law
■Freedom of information
■Internet & on-line services
■Information Technology
■Privacy
■Telecommunications
Elliot Zimmerman is a well seasoned attorney who has a lifetime of experience in the practice of cyber entertainment law and litigation. Additionally, because he is also a recording artist and computer programmer, he is uniquely positioned to know the intricate nature of your entertainment business.
