Is Jon Lovitz’s life-long contract really a life sentence? June 14, 2007
Posted by Gordon Firemark in : entertainment law , add a commentActor/Comedian Jon Lovitz recently signed contract to appear on stage at the Laugh Factory every Wednesday for the rest of his life. (He’ll be 50 on July 21st)
I don’t mean to suggest that the deal is anything but great for all parties, but given California’s statutory 7-year limit on personal services, can Jamie Masada, owner of the Laugh Factory really expect to enforce the terms for very long?
Entertainment Lawyers learn about this law very early in their schooling and/or careers.
California’s Labor Code Section 2855 (otherwise known as the “Seven Year Statute”) limits the amount of time anyone can be held to a contract for “personal services” to a maximum of seven years. This law has been on the books since the end of the so-called “studio system” in Hollywood. The idea behind the seven year limitation is to ensure that artists are able to reap the rewards of their successes, and won’t be held to low-paying and exploitative contracts entered into early in their careers.
How then, can the parties expect to bind one-another for a longer period? Not being privy to the deal’s specific terms, it’s impossible to tell. Here, obviously, Lovitz is not a newcomer, is certainly being paid very handsomely, and no doubt has excellent representation, so he’s unlikely to wind up feeling exploited, but ultimately, My suspicion is that all parties have simply agreed to ignore Section 2855, and are glad to take advantage of the big announcement for its Public-Relations value.
Perhaps we’ll find out in 2014 or so.
Do I Need a Liquor License for my theatre? June 4, 2007
Posted by Gordon Firemark in : FAQ , add a commentIn recent months, I’ve been asked variations of this question a number of times.
As a general rule, in California, it is unlawful to serve alcohol at a public place without a proper license. There is, in fact, a special category of licenses for theatres.
The California Bureau of Alcoholic Beverage Control takes the position that If customers pay an admission charge to the event and are thus eligible to receive wine (whether or not there is a separate charge for the wine) an ABC license is required. Soliciting or accepting a donation in exchange for alcoholic beverages does not change the analysis—a license is still required.
California Business and Professions Code Section 23399.1 states that a license is not required if three elements are met:
- That there is no sale of an alcoholic beverage.
- That the premises are not open to the general public during the time alcoholic beverages are served, consumed or otherwise disposed of.
- That the premises are not maintained for the purpose of keeping, serving, consuming or otherwise disposing of alcoholic beverages.
So, as long as you have an audience in attendance, you’re considered “open to the general public”, and must have an ABC license if you intend to serve alcohol.
For individual producers, or theatres conducting an occasional fundraiser, ABC does issue a number of temporary types of licenses, See the ABC website at http://www.abc.ca.gov/permits/licensetypes.html for more information. Pay particular attention to type 69, “special on-sale theatre.”
Application forms and instructions are at http://www.abc.ca.gov/forms/PDFSpc.html .
Our office can help in preparing these documents and any supporting materials that may be required.
Call us for a free consultation.
Tags: noneGordon Firemark to Speak at Beverly Hills Bar Association May 4, 2007
Posted by Gordon Firemark in : Events , comments closed| June 4, 2007 | ||
| 6:00 pm | to | 8:00 pm |
On Monday, June 4th, 2007, Gordon Firemark will present
“All the World’s a Stage” - Basics of Theatre Law for Hollywood lawyers.
