Entertainment law – a law unto itself?

According to Groenewald, there are no clear guidelines of what an entertainment lawyer does. He or she could be an attorney who specialises in commercial law as it pertains to film, television and music and thus focuses on contracts with broadcasters, producers and artists, as well as the law of copyright and intellectual property. Others regard an entertainment lawyer as someone who is concerned with the law of freedom of speech and expression. And then there are “entertainment lawyers” who simply handle the divorces of famous entertainers.

Well versed in all aspects

Groenewald defined entertainment lawyers as attorneys who are well versed in all aspects of the entertainment industry. They service the legal needs of those involved with television, theatre, motion pictures, music recordings and publication, literary publications and even video, computer games and multimedia.

“The general or common rule is that such an attorney will either specialise in film and television industry, on the one hand, or the music industry on the other. Seldom both,” he added.

However, Groenewald noted that the differences between an entertainment lawyer and the typical attorney goes beyond his or her specialist knowledge.

Certainly, the same set of rules and principles of law are applicable towards any industry. Apart from a healthy knowledge of all aspects of commercial and contractual law, an attorney should also be well versed in labour and intellectual property law.

“But that is not sufficient for an entertainment lawyer,” he added, emphasising that unless the attorney is also knowledgeable to the practical, everyday workings and unique demands of the entertainment industry, he or she would not be able to properly apply those rules and create the best advantage for the client.

“More a personal confidant”

“The issue is that an entertainment attorney is sometimes more of a personal confidant than a litigant, a business and financial adviser and sometimes broker, a negotiator and, occasionally, a talent agent,” he said.

“A typical attorney who advises a client on a company's shareholders' agreement need not necessarily be well versed with the specific business of the company, nor is he or she expected to be. At the very least, an entertainment attorney should know the different attributes and advantages of, for example, 16mm, 35mm or HD, what an f-stop is and the difference between a gaffer and a clapper loader. He or she should be able to anticipate future developments in the entertainment business, and can only do this with an intimate knowledge and understanding of the industry's unique and intricate demands,” he concluded.