This page is provided by MORIN Entertainment Law, as a public service to our clients, colleagues, friends, and communities, who are seeking useful information and links to resources that may provide them with financial, healthcare, and other assistance relative to the public health emergency in the state of Georgia and nationwide due to COVID-19. If you have access to or information on resources that you do not see listed below, please email our website administrator with subject COVID-19 RESOURCES and we will review your submission prior to publication. Please keep in mind, that the below list is not exhaustive and that you accept the below list pursuant our Terms of Use with regard to links to websites operated by third parties.

Updated: April 6, 2021

INFORMATION

• Georgia Covid-19 Vaccine Spotter
• Marill, Michele Cohen. Atlanta Magazine. March 25, 2021.

Trying to Get a Covid-19 Vaccine in Georgia? Follow These Tips.

• The World Health Organization

Global Research on the Coronavirus Disease (Covid-19)

• The White House and Centers for Disease Control

Public Health Information on Coronavirus (COVID-19)

• U.S. Department of Health and Human Services National Institutes of Health

Public Research Information on Coronavirus (COVID-19)

• Academia

Key Research Papers On the Novel Coronavirus and COVID-19

• International Monetary Fund

World Economic Outlook, April 2020: The Great Lockdown

• Georgia Department of Public Health

Daily Status Report for COVID-19 tests, infections, and deaths

• Augusta University

The site includes a directory of testing sites, interactive map of confirmed cases, access to AU’s telehealth service, guidance on latest local policies, and other tools to to manage personal well-being.

Well-Being Georgia

• Georgia Governor’s Office

Executive Orders

• City of Atlanta Mayor’s Office

Press Releases

• Metro Atlanta Chamber of Commerce

This email archive is updated every business day since March 16, 2020, and provides a wealth of local, national, and international information on the impact of COVID-19.

Email Campaign Archive

• The State Bar of Georgia

Executive orders from the Governor or Supreme Court of Georgia listing how the courts and legal services are responding, including providing access to remote notarization, custodial arrangements, judicial emergencies, and additional resources for members.

COVID-19 Updates

• Manji Law, P.C.

Immigration under President Trump’s Executive Order

MILITARY SUPPORT

• U.S. Department of Veteran Affairs

Maintaining and Enhancing Your Mental Health and Well-Being During the Novel Coronavirus Disease (COVID-19) Outbreak

VA expands virtual services to support Veterans due to COVID-19 pandemic

Coronavirus FAQs: What Veterans need to know

• Association of Defense Communities

COVID-19 Military Support Initiative

• Think Big Blog

Best Jobs for Returning Service Members

• The Zebra

The Complete Homebuying Guide for Veterans

• The Military Guide

The MG’s mission is to create informative and reliable resources for Veterans, Active Duty Service Members, Reservists, and anyone considering joining the Armed Forces.

The Military Guide Handbook

SAFETY, HEALTH & WELL-BEING

• Centers for Disease Control and Prevention

Interim Guidance for Childcare Programs, Schools and Day Camps, Communities of Faith, Employers with Vulnerable Workers, Restaurants and Bars, and Mass Transit Administrators

Use of Cloth Face Coverings to Help Slow the Spread of COVID-19

• Ronit Bose Roy’s Tee-Shirt Mask Tutorial

How To Make a COVID Mask Using A Tee-Shirt (No Sewing)

• Dr. Hyman’s Blog

How to Protect Yourself from COVID-19: Supporting Your Immune System When You May Need It Most

• Partnership Against Domestic Violence

SAFE EXIT FROM WEBSITE TAB BOTTOM RIGHT OF PAGE

Emotional Abuse Recovery Tips amidst COVID-19 Crisis

• Department of Human Services Division of Family & Children Services

Supplemental Nutrition Assistance Program (SNAP)

• Atlanta Community Food Bank

Find Help Map

• Neighbor in Need

Win-Win Donation Meal ($20) For a Senior Neighbor

• WABE Atlanta

WABE has collected an ongoing and comprehensive list of local organizations to help ensure you can receive any aid you may need in these difficult times, along with ways you can also assist from the comfort your home.

COVID-19 Community Resources

• Takeout COVID

Atlanta Map of Eateries With Takeout During the COVID Pandemic

• Emory University Center for Contemplative Science and Compassion-Based Ethics

Online compassion practice and fellowship sessions. All are welcome. Also in Spanish. “It is our connection to others, and capacity for warm-heartedness, that will get us through the crisis with equanimity and kindness.” – Tim Harrison, Associate Director.

Free Cognitive Based Compassion Training Sessions

• IndieWire

Pedro Almodóvar Investigates Quarantine Sex and Masturbation in New Essay

• Makeup Alley

Self-Care Tips to Help You Relax, Refresh and Reboot

FUNDS

Annual Credit Report

Federal law requires each of the nationwide consumer credit reporting companies, Equifax, Experian, and TransUnion, to provide you with your credit report for free each year upon your request. The Federal Trade Commission and Consumer Financial Protection Bureau sites contain information about credit reports, your rights, and laws that guarantee these rights.

Student Loans

• Lending Tree

Student Loan Refinance Lenders

Small Businesses

• Lawyers for Good Government

Pro bono consultations to help small business owners dealing with legal issues resulting from diminished revenues or closures due to COVID-19.

COVID-19 Small Business Remote Legal Clinic

• U.S. Small Business Administration

Coronavirus Funding Options

• U.S. Department of the Treasury

Paycheck Protection Program

• Invest Atlanta

A selection of grants, loans, general information, and technical assistance for small businesses in the greater Atlanta community.

Atlanta Wealth Building Initiative

• Atlanta Belt Line

COVID-19 Business Resources

• Atlanta Wealth Building Initiative

COVID-19 Small Business Relief Loan Application

• Facebook for Business

This grant expressly excludes sole proprietors or businesses with a single employee. If you do not qualify based on this exclusion, please see the Business Resources Hub.

Small Business Grants Program

• Global Giving and The Spanx by Sara Blakely Foundation

This grant expressly excludes sole proprietors or those with no employees and is limited to businesses that are 51% women majority owned. For more limitations, read the FAQ.

The Red Backpack Fund

• Hello Alice

Business For All Grant

• Local Initiative Support Corporation

Verizon Small Business Recovery Fund

• PayPal

PayPal Small Business Loan

• Intuit

Quickbooks Small Business Loan

Independent Contractors

• *** JOB LISTINGS ***
• USA Jobs

The Federal Government is hiring across a wide range of career fields to help respond to the COVID-19 national emergency. These mission-critical jobs will have a direct impact on the American people and the government’s response to COVID-19.

Federal Jobs

• City of Atlanta

WorkSource Atlanta

• ChooseATL

Atlanta Jobs

• *** UNEMPLOYMENT ***
• Georgia Department of Labor

Pandemic Unemployment Assistance (PUA)

*** TRADE-SPECIFIC ***

Artists, Photographers, and Designers

• Georgia Council for the Arts

Emergency Preparedness

• City of Atlanta

Strength In Beauty: Cosmetology Relief Fund

creATL Relief Fund

• SmugMug

COVID-19 (Coronavirus) resources, grants, funds, and more to help working photographers

• Mindzai Creative

Art Print On Demand Marketplace created for artists looking to increase their online sales with out all the hassles of running a webstore. We are currently reviewing artists and building the website – With the goal to get this up and running by Mid May 2020.

Full Bleed Press

Musicians, Songwriters, and Producers

• U.S. Music Community

66 organizations in the U.S. music community assemble to help music professionals access information and applications to receive benefits made available by the CARES Act and the “Paycheck Protection Program and Health Care Enhancement Act.”

Music COVID Relief

• Billboard Magazine

A State-by-State Resource Guide for Music Professionals Who Need Help During Coronavirus Crisis (Updating)

• The Recording Academy®

MusiCares® COVID-19 Relief Fund

• Sound Royalties

Royalty Financing

• gener8or

Georgia Emergency Response Program

• SoundCloud

Artist Support

• Bandcamp

Artist Support

Motion Picture and Television Professionals

• Actors Fund

Entertainment Assistance Program

SAG-AFTRA Motion Picture Players Welfare Fund

• SAG-AFTRA Foundation

COVID-19 Relief Fund

see also: “SAG-AFTRA Processing 100,000 Residuals Checks Weekly Even Amid Virus Crisis,” by Jonathan Handel for THR.com, March 26, 2020

• Motion Picture & Television Fund

Emergency Financial Assistance

• Director’s Guild Foundation

Financial Hardship Assistance

• I.A.T.S.E.

National Benefit Funds

see also: “IATSE Revises Pension Plan to Allow Emergency Withdrawals,” by Carolyn Giardina for THR.com, March 26, 2020

• *** REAL-TIME LISTS ***
• IndieWire

How COVID-19 is changing the entertainment landscape around the world.

Coronavirus Cancellations: Every Film, TV Show, and Event Affected by the Outbreak (Updating)

What is still getting done in film and TV.

The Show Must Go On: Here’s What’s Still Open for Business in Hollywood (Updating)

• *** FUND-RAISERS ***
• Swans for Relief

Fund organized by Misty Copeland, featuring 32 ballerinas in a special video performance that represent ballet companies from around the world. Funds raised will be distributed to each dancer’s company’s COVID-19 relief fund, or other arts/dance-based relief funds in the event that a company is not set up to receive donations. Distribution of funds will be administered through partner, Entertainment Industry Foundation (EIF), a registered 501(c)(3) non-profit.

• Cinema Worker Solidarity Fund

With the assistance of Light Industry, Screen Slate, and other community partners, we have started a fund that can be accessed by cinema workers whose hours have been curtailed because of this crisis and who are not being otherwise compensated.

• It Takes Our Village

Bruna Papandrea (Founder & CEO, Made Up Stories) and Gregg Fienberg brought together a coalition of producers, writers & directors (i.e., above-the-line talent and crew) to raise funds for below-the-line production personnel.

• Sundance Institute Respond and Reimagine Plan

Launching a $1 million urgent fund to support the immediate needs of artists, filmmakers, and organizations. 1/3 of the fund will support Sundance Institute-curated artists, while 2/3 will be dedicated to emergency support for the wider community of independent artists, deployed in collaboration with partner NPOs.

• Atlanta Artist Lost Gig Fund

The Atlanta Artist Lost Gig Fund provides financial assistance for arts professionals with unmet needs due to canceled gigs.

• WarnerMedia Relief Fund

WarnerMedia will commit $100 million to help crew members on its shows and movies that have suspended production during the coronavirus pandemic.

• Academy of Motion Picture Arts and Sciences Relief Fund

$6 million fund of which $4mm will be dispensed to The Actors Fund (see above) and the Motion Picture & Television Fund (see above), while the remaining $2mm will go to the Academy Foundation to support its grants program.

• Greg Berlanti Relief Fund

TV mogul Greg Berlanti has committed $1 million as part of a COVID-19 relief effort that will see funds going directly to staffers-in-need as well as industry organizations that have stepped up to help Hollywood workers during the coronavirus pandemic.

• Seed & Spark Film Festival Survival Pledge

A coalition of film festivals and distributors supporting the independent film community affected by the COVID-19 outbreak by pledging to waive submission policies with respect to online eligibility, premiere status, geo-blocking, production and commitment timelines, and distributor clause. The Atlanta Film Festival is a signatory.

The post COVID-19 Small Business Resources (Updating) appeared first on Morin Legal.

Commissioning New Works

Performer Deals

Performer deals typically involve a well-known artist either performing or writing music. For example, the James Bond series often features a well-known artist writing or performing the theme song, which plays during the opening credits; Paul and Linda McCartney wrote Live and Let Die, which Paul’s band, Wings, performed; Sheena Easton performed For Your Eyes Only; Duran Duran co-wrote and performed A View To a Kill; A-Ha co-wrote and performed The Living Daylights; Bono and The Edge of U2 wrote and Tina Turner performed GoldenEye; Sheryl Crow co-wrote and performed Tomorrow Never Dies; Garbage performed The World Is Not Enough; Madonna co-wrote and performed Die Another Day; Adele co-wrote and performed Skyfall; and the list goes on. Doing music for Bond is a right of passage.

A record label must consent for its artist to perform for a film. Record labels sign artists exclusively, but may waive exclusivity for a percentage of royalties. Artists may invoke an exclusion to exclude the record company from weighing in on a project, but not all exclusions grant the scope of rights required for films[1]. If consent is granted, the record label will want some role to play in the soundtrack album deal. If the artist is a songwriter, he or she may be under an exclusive agreement with a publisher. The publisher must consent for its songwriter to write for a film. If consent is granted, the publisher will want to own publishing rights, income, or both in any songs written or composed for the film.

Composer Deals

The production company typically negotiates composer deals as a work made for hire, which work is specially ordered or commissioned for use as part of a motion picture. The company is the legal author and owner in the copyright, owns all results and proceeds of the composer’s services, administers all rights in the work, and uses the work on a royalty-free basis in the film, and any prequels, sequels, spinoffs, or remakes. In the case of independent films with modest budgets, a composer may grant the production company a license in the music, while retaining ownership in the work and its sound recording to bolster any up front fees with royalty income generated from publishing on the back end.

Fantasia

Walt Disney’s Fantasia is one of the most successful animated feature films of the last century. Its soundtrack was so innovative that it spawned the term “Fantasound,” a precursor to surround sound. Walt Disney Productions hired conductor Leopold Stokowski to arrange seven classical masterpieces and conduct the Philadelphia Orchestra[2]. Walt Disney Productions separately hired the Philadelphia Orchestra to perform six pre-existing works by Bach, Tchaikovsky, Stravinsky, Beethoven, Ponchielli, and Mussorgsky. The Hollywood Orchestra had already recorded Dukas’ The Sorcerer’s Apprentice some time prior[3]. Of the seven works, only Stravinsky’s Rite of Spring still enjoyed copyright protection in non-U.S. countries[4]. Walt Disney Productions thus licensed the rights to the composition from Stravinsky’s publisher to distribute the film in countries where it was still protected. In 1991, Walt Disney re-released Fantasia on laser disc and videocassette, which earned a windfall for the film studio followed by several lawsuits by the orchestra, conductor’s estate, and Stravinsky’s publisher.

In the Fantasia cases, courts generally ruled in favor of Walt Disney Productions. The first case brought by the orchestra alleged a joint authorship in the film[5]. If the orchestra was a joint author with the film studio, they wanted a share of profits from the 1991 release. The next case brought by the executor of the conductor’s estate alleged the video release was outside the scope of the original agreement. If interpreted narrowly, the video release would require a new agreement and corresponding fee. Finally, the music publisher alleged that the video release fell outside the scope of rights granted to the film studio. If interpreted narrowly, the film studio would owe additional licensing fees. The Pennsylvania court ruled that the orchestra’s work was made for hire; they were not joint authors and thus not entitled to a share of profits. The New York courts ruled that language was sufficiently broad in both agreements with the composer and the publisher to encompass the video release, no new agreements needed to be negotiated, and no fees paid for the new use on videocassette.

Not all courts agree on the broad interpretation shown by the Fantasia courts. A California court interpreted granting language narrowly where the parties did not expressly agree to release the musical work on videocassette[6]. Thus, absent language to the contrary, a license does not grant rights to a filmmaker for new uses. New uses typically result from technological advances in content delivery systems. Videocassettes, laser discs, and other new or developing methods of content delivery systems create opportunities for rights holders to negotiate new agreements and fees. Most licenses now contain special language that prepares for these inevitable advances. Because courts are divided whether to interpret language narrowly or broadly, the best protection is gained at the outset of the agreement.

Licensing Pre-Existing Works

There is no fair use of music in film[7]; all pre-existing works must be cleared. Some companies specialize in clearing music for film and will negotiate licenses with copyright holders, which include songwriters, publishers, and record labels. Placement of music in film is great exposure for an artist and a money maker for rights holders. Profits derive from exclusive rights acquired through federal copyright registration which grants rights holders temporary monopolies on use of registered works. It was not until 1972 that sound recordings received federal copyright protection; before that the law only protected musical works.

Musical works are licensed separately from sound recordings. Sound recordings are the recorded performance of a song. A song usually consists of lyrics and music. Thus, musical works include sheet music and lyrics, and sound recordings include the recorded performance. Thus, using music and lyrics only requires only a license in the copyright to the musical work, but using a recorded performance requires not only a license in the musical work, but also a license in the sound recording, which is embodied in the masters. For example, a karaoke scene in Beyond the Lights required a license in the musical work to reproduce the music and lyrics, but a replay of the album version of a song in the soundtrack required a license in the masters as well as the musical work to reproduce the recorded performance in the film.

Musical Works

At a very basic level authorship and ownership begins in the songwriter. Sometimes the songwriter is also the publisher, as may be the case with independent artists. More often, the publisher is a business entity, which may share copyright ownership with the writer, places the title in various forms of media, and administers both the publishers and the writer’s shares in the copyright. Thus, a basic license to access exclusive rights of a musical work will specify what rights are granted, on what terms, and for how much compensation. Film requires a special type of license called a synchronization license, which describes the function of music in film: audio aspects (music) synchronize with visual aspects (film) to project a unified image. All licenses for musical works in film require a synchronization license, whether or not the sound recording is used.

Licenses for musical works in film also require a license to perform the work publicly in non-U.S. theaters. Performance rights organizations like the American Society of Composers, Authors, & Publishers (ASCAP) stopped collecting royalties from theaters in the United States due to an antitrust ruling in 1948[8]. As a result, public performance royalties generated by films do not accrue in the United States, but serve a generous source of income in non-U.S. exhibitions. Walt Disney Productions counted on this revenue stream as a major source of income for Fantasia, but the onset of World War II prevented exhibition in Europe causing its lackluster returns in 1940.

Sound Recordings

Record labels own masters and accordingly administer master use licenses. A master use license will grant rights in the sound recording, or recorded performance of a musical work. Despite a record label, an artist may veto permission if he or she does not approve of how the music is represented. It may be aligned with a scene that contravenes his or her branding, or, it may not be viewed as a fair offer. An artist may have negotiated control mechanisms into the recording agreement to trump decisions by the record label on master use licenses. Even after a master use license is granted, certain exclusions apply. Common exclusions restrict the use of an artist’s name to screen credit only; no other uses of the artist’s name, likeness, or other personal characteristics or traits may be used to commercially exploit the film.

Making a Soundtrack Album

A great soundtrack makes a good movie, iconic. Music animates a film in the mind of a listener long after the crawl. Composure of a soundtrack album varies. The soundtrack album may, but more often does not, include music from the score. Sometimes, films release one score album and another of album of popular music. An example is the Twilight Saga, for which Carter Burwell composed the score, but also features a various artists album for each segment. Harry Potter released a series of score albums with multiple composers. Still other films artistically pair music with dialogue such as Pulp Fiction and Natural Born Killers. There are even films that release dialogue only – Fear and Loathing in Las Vegas is one.

Soundtrack Album Deals

Production companies select a record label to release the soundtrack album. The selection process factors in any featured artists and production costs. A record label with a featured artist may negotiate deals for the soundtrack, singles, or theme song. A soundtrack album is also expensive. In addition to recording and artist performance fees, costs include converting a film recording to a master[9], and re-use fees. Once selected, the production company will license the rights it has acquired in any pre-existing works or commissioned works to the record label, who makes and distributes the album.

Rights ownership in the soundtrack album is split between the record label and production company. The label generally owns the masters and licenses them to the production company. The production company owns all film and non-record rights, while the record label retains ownership in phonograph records. In this way, the production company and record label each retain ownership in rights suited to their respective businesses. Publishing is a critical deal point. A production company will prefer to administer synchronization licenses to control how the original music is used in any competing productions.

The Music Supervisor

A good music supervisor is well paid. Skills required of a music supervisor include some or all of the following: clearance, negotiating a soundtrack album deal, negotiating performer agreements, assisting in the preparation of cue sheets, and selecting a composer. A music supervisor typically works under a producer’s supervision to assist in the negotiation and documentation of all music licenses and agreements.

Cue Sheets

Cue sheets log musical works in a motion picture. The log includes the film title, film title aka, music length, production company, song title, composer, publisher, performing rights organization, timing, and usage. If there is more than one composer, or if the writer and publisher split royalties on other than a 50/50 basis, the split must be recorded. Sometimes writers prepare their own cue sheets for comparison with the music supervisor. Once completed, the cue sheet is submitted to the publisher or performing rights organization. Royalties are calculated from the cue sheet. It is critical that information represented be detailed and accurate for the rights holder to get paid.

The post Got Consent? Legal Issues in Film, Pt. 5: The Music appeared first on Morin Legal.