Entertainment, Arts and Sports Law Section

The New Jersey State Bar Association’s Entertainment, Arts and Sports Law Section is ready for its close-up.

The section, along with the Garden State Film Festival, will present on April 2 a panel discussion “Avoiding Legal Pitfalls in Indie Filmmaking CLE.”

Ronald S. “Ron” Bienstock is an attorney and musician who is a partner at Scarinci Hollenbeck. A corporate, entertainment, and intellectual property practitioner, he represents various businesses as well as music instrument manufacturers and song writers, producers, recording artists, and musicians.

He has a wide range of accomplishments in the entertainment industry, including a trademark victory against Fender Musical Instruments Corporation. Representing 17 guitar manufacturers in the trademark opposition proceeding against Fender, he successfully argued that Fender should not be allowed trademark registrations to three key guitar and bass body shapes. It is the leading case on the issue in the U.S. Bienstock was among the first music attorneys to create intraband agreements and bifurcated major label and publishing agreements.

Bienstock is also chair of the EASL section and spoke recently about movies and what the group has planned. This has been lightly edited for length and clarity.

Tell us about the upcoming program that the section is holding together with the Garden State Film Festival. What are some of the issues that lawyers in the field face that are unique to indie films?

Small budgets can still mean big issues. Indie films and their inherent budget restraints create issues for all involved in the creation of the work, whether it be the executive producers, producers, directors, or line producers as overlooked or underestimated “checklist items” can create more delays and ultimately more cost. All of a sudden, you now have to look for more investors and now have more to deal with.

Are the issues facing filmmakers and producers different?

They are not necessarily different from larger budget films. There can be many overlooked areas, prior to filming, such as permits, insurance, music sync and or/master use licenses. Generally, there are less administrative staff to work these areas that larger budget films would carry. Smaller budget films mean more hats to wear.

Have you worked on any films? Can you share what that experience was like? Was it as glamorous as people might think? Oscar-winner Anne Hathaway recently filmed an indie movie in and around New Jersey. Are there any forthcoming movies that you are excited about?

No one yet has asked me to appear as the entertainment lawyer who has alien superpowers or hides a deep past as where long hidden super spy kung fu skills are revealed while on a family vacation. I, however, remain open to the invite. I have appeared in several of my own bands live or “official” studio-style video performances. Each one of those is, in effect, a short film, with all of the budget, location, editing, issues of an indie film. Film making is an arduous process, long days, unpredictable weather, accidents, illness, delays, transportation issues, location problems, just like life itself, but more expensive—as you have a crew and talent that may number several dozen on location at each shoot.

Can you share some issues that the section is working on?

We are in the process of preparing several continuing legal education presentations. Now that we may be able to be in the same facility, we are looking forward to seeing some of our colleagues in person. I would expect to see seminars on the myth and mythology of intellectual property, a “hot topics” session on catalog, rights purchasing and copyright terminations in music, as well as more on film and film making. We are also talking about creating manuals, covering the pitfalls and practical things you need to know to work in entertainment law.

To register for the April 2 program or become a member of the section, visit njsba.com.