Entertainment & Media Litigation Attorneys in California
Entertainment disputes in Los Angeles often involve millions of dollars and can destroy professional reputations. Copyright infringement, contract breaches, and unpaid royalties require aggressive litigation when negotiation fails. Kashfian & Kashfian, LLP represents content creators, talent, producers, studios, and media companies in California’s entertainment industry.
Our attorneys bring over 100 years of combined trial and appellate experience to complex intellectual property disputes, profit participation claims, and breach of contract cases. When studios manipulate accounting, competitors steal creative work, or platforms terminate revenue streams, we litigate through trial and appeal to protect your rights.
The Intersection of Entertainment & Intellectual Property Law in Los Angeles, California
Entertainment litigation combines intellectual property protection with contract enforcement. Many disputes involve copyright or trademark issues alongside claims for unpaid royalties, lack of credit or breach of compensation agreements.
For example, a screenwriter dispute may include copyright ownership questions as well as Writers Guild arbitration over credits and residuals. Similarly, music producers may clash over master ownership while also disputing royalty percentages outlined in contracts.
These matters become even more complex when considering work made for hire doctrines and guild agreements such as SAG-AFTRA, WGA and DGA. In Los Angeles, California, where these organizations are vital, disputes may involve overlapping rules and expectations.
Jurisdiction can also complicate cases, as federal copyright claims are frequently combined with state-level contract issues. This dual nature is why working with a copyright infringement lawyer who understands intellectual property law and entertainment customs is critical.
Common Entertainment Copyright & Intellectual Property Disputes
Below are key categories of entertainment disputes:
- Copyright infringement in film, television and music: These claims focus on similar content. Courts analyze various things like musical and literary components. For audiovisual works, visual sequences and overall expression are evaluated.
- Right of publicity and persona misappropriation: California Civil Code protects individuals from unauthorized commercial use of their name, voice or likeness. This includes disputes involving merchandise and even emerging technologies like deepfakes.
- Idea theft and concept misappropriation: Under California law, an implied-in-fact contract can arise when someone submits an idea with the expectation of payment. If that idea is used without compensation, legal action may follow. These claims involve pitches for television shows, films or digital content and they rely heavily on documentation and proof of the submission context.
Addressing these issues requires a strong grasp of intellectual property principles and the business realities of the entertainment industry.
Industry-Specific Entertainment Litigation
Film and television production disputes involve producer disagreements, financing conflicts or claims related to tax incentives and insurance coverage. Issues such as completion guarantees, foreign distribution deals and location agreements can also lead to litigation.
In the music industry, disputes commonly arise over recording contracts, royalty payments and ownership of masters. Additional complexities include sampling clearance, performance rights organization conflicts, and termination rights under federal copyright law.
Digital media has introduced a new wave of disputes involving influencers and content creators. Influencer contract disputes may focus on payment structures, performance metrics or content ownership. Platform-related conflicts can occur when accounts are demonetized or terminated.
California’s Seven-Year Rule & Talent Protections
California Labor Code § 2855, known as the Seven-Year Rule, limits the enforceability of personal service contracts to seven calendar years from the start of services. This applies even if a written agreement states a longer term, meaning contracts cannot legally bind talent beyond that period in Los Angeles, California.
There is an exception under § 2855(b) for recording artists, allowing labels to require delivery of a set number of recordings even after the seven-year period, as long as proper notice is given.
Talent in Los Angeles, California, relies on this rule to exit contracts after seven years, but companies try to extend agreements through suspension clauses or cross-default terms. Courts have rejected these efforts, including in De Havilland v. Warner Bros., which confirmed that suspensions cannot extend the seven-year limit.
For recording artists, § 2855(b) still allows for damage claims tied to undelivered recordings. Injunctive relief is unavailable after seven years, shifting disputes toward monetary remedies.
The Intersection of Entertainment & Intellectual Property Law in Los Angeles, California
Most entertainment disputes combine intellectual property claims with contract enforcement. A single case may involve federal copyright law, state contract statutes, guild arbitration procedures, and industry custom. This complexity requires counsel who understand both IP litigation and entertainment business practices.
Screenwriter disputes frequently involve copyright ownership of the underlying work, Writers Guild credit arbitration determining screen credit, and contract claims for unpaid residuals. Music producer conflicts combine questions about who owns the master recordings with royalty calculation disputes and production agreement breaches. Actor litigation may include right of publicity claims for unauthorized merchandise alongside contract disputes over backend participation points.
Work made for hire doctrine adds another layer. Studios and production companies often claim ownership of creative work under employment or contractor theories, while writers, directors, and producers argue they retained copyright. These ownership disputes affect both who controls the work and how profits are divided.
Guild agreements from SAG-AFTRA, WGA, and DGA establish minimum compensation, credit determination procedures, and residual formulas. Violations create claims under both the guild agreements and underlying talent contracts. Federal copyright claims under Title 17 must be combined with state law breach of contract and fraud claims, requiring litigation in federal court with supplemental jurisdiction over state claims.
Kashfian & Kashfian, LLP handles this complexity through experience litigating both intellectual property and entertainment contract disputes. We work with industry experts who testify about customs, guild procedures, and standard practices to support your claims.
Common Entertainment Copyright & Intellectual Property Disputes
Entertainment intellectual property litigation falls into three primary categories, each with distinct legal standards and proof requirements:
- Copyright infringement in film, television and music: These claims focus on similar content. Courts analyze various things like musical and literary components. For audiovisual works, visual sequences and overall expression are evaluated.
- Right of publicity and persona misappropriation: California Civil Code protects individuals from unauthorized commercial use of their name, voice or likeness. This includes disputes involving merchandise and even emerging technologies like deepfakes.
- Idea theft and concept misappropriation: Under California law, an implied-in-fact contract can arise when someone submits an idea with the expectation of payment. If that idea is used without compensation, legal action may follow. These claims involve pitches for television shows, films or digital content and they rely heavily on documentation and proof of the submission context.
Addressing these issues requires a strong grasp of intellectual property principles and the business realities of the entertainment industry.
Industry-Specific Entertainment Litigation
Film and television production disputes involve producer disagreements, financing conflicts or claims related to tax incentives and insurance coverage. Issues such as completion guarantees, foreign distribution deals and location agreements can also lead to litigation.
In the music industry, disputes commonly arise over recording contracts, royalty payments and ownership of masters. Additional complexities include sampling clearance, performance rights organization conflicts, and termination rights under federal copyright law.
Digital media has introduced a new wave of disputes involving influencers and content creators. Influencer contract disputes may focus on payment structures, performance metrics or content ownership. Platform-related conflicts can occur when accounts are demonetized or terminated.
California’s Seven-Year Rule & Talent Protections
California Labor Code § 2855, known as the Seven-Year Rule, limits the enforceability of personal service contracts to seven calendar years from the start of services. This applies even if a written agreement states a longer term, meaning contracts cannot legally bind talent beyond that period in Los Angeles, California.
There is an exception under § 2855(b) for recording artists, allowing labels to require delivery of a set number of recordings even after the seven-year period, as long as proper notice is given.
Talent in Los Angeles, California, relies on this rule to exit contracts after seven years, but companies try to extend agreements through suspension clauses or cross-default terms. Courts have rejected these efforts, including in De Havilland v. Warner Bros., which confirmed that suspensions cannot extend the seven-year limit.
For recording artists, § 2855(b) still allows for damage claims tied to undelivered recordings. Injunctive relief is unavailable after seven years, shifting disputes toward monetary remedies.
Entertainment Litigation FAQs
When a deal goes bad or your intellectual property is stolen, you need immediate clarity, not legal jargon. Below are the baseline answers to the questions we field most often regarding entertainment disputes, contracts, and IP protection in California.
Do I need an entertainment lawyer if I am just a content creator or influencer?
Yes. There is no such thing as “just” a content creator anymore—you are a media business. If you negotiate your own brand deals or agency contracts without legal review, you risk signing away the rights to your own content in perpetuity or getting locked into predatory exclusivity clauses.
What is the difference between copyright infringement and idea theft?
Can a studio or label prevent me from working after I leave a contract?
Generally, no. California law is aggressively protective of talent. Non-compete clauses are almost universally void in this state. Furthermore, California’s “Seven-Year Rule” legally caps the length of personal service contracts. A studio, agency, or record label cannot lock you into an exclusive deal indefinitely.
Do I have rights if a company takes my pitch without paying me?
Yes. In California, this is often pursued as a Desny claim (breach of an implied-in-fact contract). If you pitched your project in a standard industry setting where both sides clearly understood you expected to be paid if they used the material, you have grounds to sue when they move forward without you.
What can I do if someone uses my image or likeness without permission?
California has some of the strongest “Right of Publicity” laws in the country. If a brand uses your name, face, voice, or even a recognizable persona to sell a product or service without your explicit, written consent, you can sue them to pull the campaign, recover your damages, and claw back the profits they made off your identity.
Contact Our Music Industry Attorney
If you are facing entertainment contract disputes in Los Angeles, Kashfian & Kashfian, LLP, can help. Call (310) 751-7578 or fill out our online contact form to speak with our entertainment lawyer in California.
