AM New York Interview With New York Entertainment Lawyer John J. Tormey III, Esq., Regarding The Julie Taymor 'Spider-Man' Litigation

Julie Taymor Sues Broadway's 'Spider-Man' For $1 Million -

AM New York InterviewWith New York Entertainment Lawyer John J. Tormey III, Esq.

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By Tim Herrera

http://jtormey.newsvine.com/_news/2011/11/15/8821343-new-york-entertainment-lawyer-john-j-tormey-iii-esq-interviewed-by-tim-herrera-of-am-new-york-regarding-the-julie-taymor-spiderman-lawsuit

Spider-Man's new nemesis is a million-dollar lawsuit.

Julie Taymor, the booted director of "Spider-Man: Turn off the Dark", sued the show's producers Tuesday for at least $1 million plus royalties for using her work after she was fired, the suit alleges.

The producers "have continued to promote, use, change and revise Taymor's work ... without her approval or authorization and in violation of their agreements with Taymor", according to the lawsuit, filed yesterday in New York federal court.

http://jtormey.new.newsvine.com/_news/2011/11/15/8821343-new-york-entertainment-lawyer-john-j-tormey-iii-esq-interviewed-by-tim-herrera-of-am-new-york-regarding-the-julie-taymor-spiderman-lawsuit

 

Taymor's attorney, Charles Spada, said the suit was filed as a last resort "to protect her rights".

"The producers have failed to compensate Ms. Taymor for their continued use of her work to date, despite the fact that the show has consistently played to capacity or near-capacity houses", Spada told www.showbiz411.com, which first reported the lawsuit.

The show has faced an onslaught of troubles since it went into previews in November 2010, including repeated, highly publicized actor injuries, a tsunami of negative reviews and delay after delay.

http://www.amny.com/urbanite-1.812039/julie-taymor-sues-broadway-s-spider-man-for-1-million-1.3306357

 

Still, it has managed to fill seats, raking in around $1 million per week, but because of extremely high production costs, money reportedly remains very tight.

http://jtormey.newsvine.com/?more=SectionContent

The suit was filed just a week after the Tony Awards ruled that only Taymor would be eligible for the award in the best direction of a musical category.

Taymor co-wrote the book for "Spider-Man" and is largely seen as the driving force behind the original show, which at $75 million is Broadway's most expensive ever. She was replaced in March with Philip William McKinley, who revamped the show.

http://digg.com/news/entertainment/julie_taymor_sues_broadway_s_spider_man_for_1_million

 

In June, she filed for arbitration through the Stage Directors and Choreographers Society, arguing the show owed her at least $300,000 in royalties. The case is ongoing.

"You can understand how someone who's a high-profile talent would believe it’s unfair if her work were used without her continuing attachment to project”, said New Yorkentertainment lawyer John J. Tormey III.

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He added: "However, it is possible that that some of [Taymor's] motivation is not economic."

http://entertainmentlawyerjohn.wordpress.com/2011/11/15/julie-taymor-sues-broadways-%e2%80%9cspider-man%e2%80%9d-for-1-million/

 

The show didn't immediately have comment.

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It's been nearly 10 years since Broadway's "Spider-Man" was first announced. Here are some of the high- and low-lights.

2002: Show is first announced by Marvel

November 2010: The show opens in previews with a January 2011 opening night scheduled

December 2010: Actor Christopher Tierney severely injured during a preview

March 2010: Julie Taymor booted

April 2010: The show goes on hiatus for three months

June 2010: Opening night

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Follow reporter Tim Herrera on Twitter: @tim_herrera

Interview With New York Entertainment Attorney John J Tormey III, Esq., By: Steve Veloudos, Zebra Music

Interview With New YorkEntertainment Attorney John J Tormey III, Esq.,

By: Steve Veloudos, Zebra Music http://www.zebramusic.com/

This interview is also posted at:

 

http://www.idnmusic.com/education/interview_with_entertainment_lawyer_john_j_tormey_iii.html

http://www.indie-music.com/modules.php?name=News&file=article&sid=759

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Can you briefly go over your work experience as an entertainment lawyer?

I studied law in Los Angeles, but have always practiced law in New York. I am admitted to the New York, California, and D.C. Bars. I worked as an entertainment litigator for about 2 years, including song infringement work, and many other exciting cases.

... Then, I took an in-house law position at Disney for about 4 and a half years.

... Then, I served as senior litigation counsel to Miramax films for about two years.

Finally, the thing that made it all worthwhile - solo law practice.

I like working with artists. My father is a professional actor, and I have played in a number of rock and roll bands. Particularly, I like to work with artists who understand the business aspects of entertainment.

What are your thoughts of having an entertainment lawyer shop a tape of an unsigned band to record labels?

It can work, but clients should be realistic. Music-shopping is a speculative venture, no matter who represents the band, and no matter who shops the music. It takes time and effort.

What are the typical costs associated with a lawyer shopping a tape?

It varies based upon the ambition of the marketing plan. I have had some clients retain me to submit a work to but one entertainment company. And, I have had clients ask me to shop every house in town.

The thing to never forget is that the client alone should decide the expansiveness of the submission plan. Not the rep. The rep should tailor the submission plan to the client's budget.

I bill for time and expenses. Other representatives may work on a percentage basis. I have my own bias, but I tend to believe that those reps that work on a time basis, stay motivated for a longer period of time. But the client has to choose between these methods, ultimately.

Do you think it is important to have a partnership agreement between members for bands?

Not necessarily a "partnership" agreement, in all cases. But yes, some form of written agreement.

And I would word it more strongly:

In my view, it is crazy not to have a signed, written agreement between band members, assuming that the band is going to go anywhere, that is. If you rely on verbal agreements, you will likely be paying some serious litigation fees down the road.

If a band can afford it, they should have the inter-band agreement prepared by a lawyer. And if a lawyer's rate for the work is too expensive, the band should keep looking. (there are many of us out there).

How important do you think it is for an act to register their bands name with the Patent and Trademark office?

Most bands can't afford the cost of taking a trademark registration before the Patent and Trademark Office ("PTO") to completion. The process involves far more than dropping an application in an envelope with a check. The costs can escalate, particularly if a competing claimant challenges the registration.

But there are other trademark-protective steps that can be taken, even short of PTO registration. A good entertainment lawyer can recommend them, depending upon the facts of the situation, and the client's needs and resources.

The real skill is in first choosing a good, trademark-enforceable band name. Few understand how to do that. But yes, if a band can afford a PTO registration, and the intended trademark has been well-chosen, then the band should consider effecting the registration through legal counsel.

Do you think that bands should register their original songs for copyright protection?

You're about to hear more hyperbole from me - it is insane to not register a work of value with the copyright office, especially if the band or artist intends to submit that work to multiple parties that are not personally known.

Will a "poor man's copyright" hold up in court? (mailing a sealed envelope to yourself with a copy of your original songs).

Don't even waste the postage. That practice went by the wayside when the first run of "My Three Sons" went off the air. Pay the minimal fee and register with the U.S. Copyright office instead. Do it the right way. And don't forget to save a copy of what you register, prior to mailing it in to Washington, D.C.. You would be aghast at how many people actually forget to do that.

Are there any other legal guidelines that you would recommend for the unsigned artist?

There are many, and it is hard to cover them all in this context. If there were one guideline to follow, it would be "carefully document every business step you take". Alternatively put, if you care about your career, avoid verbal agreements in the same manner that you would avoid a thunderstorm while playing an electric set at an outdoor gig. Make the other folks put it in writing. If they won't, then you put it in writing. And always at least consider contacting a lawyer before signing anything, or before issuing - or even accepting or receiving - any writings that could affect your rights or your bank account. It's your money. It's your career. Lifeis short. Protect yourself.