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The Debate About Actors' Ownership of Film Roles

By Michael I. Rudell and Neil J. Rosini

The April issue of Entertainment Law & Finance reported on a ruling by the U.S. Court of Appeals for the Ninth Circuit involving the Internet video Innocence of Muslims. That article discussed the court's “secret” takedown order and the court's view on copyright ownership of acting roles in movies. The article that follows provides further analysis of the copyright ownership issue in the case.

Producers of television and film projects know that entering into work-for-hire agreements with all of the creative contributors to their projects ' including writers, directors, and actors ' is a legal necessity. Through those agreements, copyright ownership of the finished product is placed unambiguously in the hands of the production company or other “employer,” which can then exclusively reproduce, perform, distribute and otherwise exploit the work in its discretion and allow others to do so. Although some of those contributors may share in earned revenues or profits under contractual arrangements, as employees for hire they won't share in joint ownership or control, either with respect to their individual contributions or the project as a whole.

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