E N T E R T A I N M E N T L A W C I R C U L A R
September 2020
PierceLLP.com (310) 274-9191
PIERCE LAW GROUP LLP wins landmark judgment declaring Actor's Reel Footage as "Fair Use" under Copyright Law!

On August 6, 2020, the federal district court for the Central District of California in the case of Bain .v Film Independent ruled in favor the summary judgment motion brought by Pierce Law Group LLP on behalf of the only remaining defendant in the case, Actress Jessica Haid.

This decision establishes an important precedent that an actor’s use of footage of their own performance in their own Acting Reels constitutes Fair Use and there thus is no copyright infringement as a result of that activity. The prevailing attorneys are David Albert Pierce, Esq. & John Baldivia, Esq.

The Plaintiff has filed an appeal to the 9th Circuit, however our firm is confident in our ability to have this decision affirmed.

The entire docket for this intriguing case is available through the following 3rd party vendor. Pierce and Baldivia have established a name in the field of Copyright Law and represent both plaintiffs and defendants in this substantive area of the law.

For further information, contact, David@PierceLLP.com or John@PierceLLP.com

Pierce Law Group LLP obtains AB-5 Exemption For Comedians & Other Live Venue Performers
We are pleased to announce that on Sept 4th, Governor Newsom signed into law a clean-up bill for AB-5 (known as AB 2257) that was introduced by Assemblywoman Lorena Gonzalez (the original sponsor of AB-5 which was previously codified as Labor Code Sec. 2750.3). AB 2257 (which is now codified as Labor CodeSec 2775 – 2787) repeals and replaces AB-5 with new language that among other things recognizes a number of new exemptions to the Dynamex Test. This new clean-up bill takes effect immediately and applies retroactively.

While still recognizing the Dynamex Test in most situations, the clean-up bill now simply returns the long standing Borrello test as the means for determining whether the new specially carved out occupations should be deemed “employees” or “independent contractors” under California law. Among the list of newly recognizes exemptions is an exemption for performers that appear at live venues in California.

In February, Managing Partner David Albert Pierce and our comedian client Stephen Kramer Glickman met with key legislators, including Lorena Gonzalez, the original sponsor of AB-5 about the compelling need for this exemption. In May, David Albert Pierce was granted the ability to be heard before the counsel for the Labor Commissioner as that office was preparing its opinion on this matter.

Read more about the big win on our website here and the original letter we sent to legislation that kicked off our lobbying efforts here!
Pierce Law Group LLP closes deal for new pre-school joint venture on behalf of Jewish Temple in Beverly Hills

Congratulations to David Albert Pierce for negotiating and drafting a joint venture agreement on behalf of Temple of the Arts in Beverly Hills with the prestigious Le Petit Gran International Pre-School which focuses on immersing nursery school kids with both French & English and until now had no religious affiliation.

The West Hollywood campus of Petit Gran will now be co-branded with Temple of the Arts, its building will be known as the Temple of the Arts campus and Temple members will have a certain guaranteed number of student placement slots available each year for this highly competitive nursery school. In addition, the Temple will create pre-Shabbat programming on Friday afternoons for those children that desire this curriculum.  

Applications for Summer 2021 and Fall 2021 enrollment at the newly renamed pre-school are now being accepted online. 

David Albert Pierce's legal services were performed on a pro bono voluntary basis. Our law firm has also separately provided pro bono legal guidance to Temple of the Arts in regard to the drafting of COVID-19 Protocols for the Temple's employees and congregants to follow.

Pierce Law Group LLP regularly performs pro bono services for a number of charitable causes on behalf of religious, philanthropic and educational endeavors, as well as, providing legal assistance to "starving artists."

Pierce Law Group LLP Speaking Engagements & Classes
USC 2020 Institute on Entertainment Law & Business Annual Symposium

The USC Gould School of Law in Conjunction with the Beverly Hills Bar Association will be holding the 61st Annual Institute of Entertainment Law and Business. This year it will be held virtually on October 17th. There will be several panels focusing on cutting edge legal issues. Among the panels is one titled "Counselling Clients in the Wake of the COVID-19 Pandemic" for which David Albert Pierce will serve as Moderator. This is a full day event. For registration & complete syllabus information, click here.

In addition to serving as moderator of this above panel, Pierce Law Group LLP Managing Partner David Albert Pierce serves on the Planning Committee and our Litigation Dept. Head John Baldivia serves on the Syllabus Committee for the Institute on Entertainment Law and Business.

Starting Your Own Entertainment Production Company
There is still time to enroll in David Albert Pierce's UCLA-Extension course titled, "Starting Your Own Entertainment Production Company." 

The course meets Monday nights from 7pm - 10pm for 10 weeks starting September 28th - December 7th.

All courses are conducted via video-conferencing technology, so this is a permits people from anywhere in the world to enroll in this program which is usually held on the UCLA campus.

This ten week course addresses essential issues regarding the legal and business affairs basics for running a production and discusses planning, implementation, and management issues. This is a great class for anyone planning on producing television, film or new media projects.

For more information and to register, click here.
How Current Events And Covid-19 Are Impacting The Present And Future Of The Music Industry
On Wednesday, Sept 16. 2020 at 12:30-2:00, the Beverly Hills Bar Association is hosting an All-Star Panel of Music Attorneys who will discuss the current and future impact of COVID-19, and other current events, on the music industry.

This program is chaired by Pierce Law Group LLP partner John R. Baldivia.
Pierce Law Group LLP's Associate Joshua Lastine teaches an entertainment business law course at the LA Film School titled "Entertainment Business Ethics." The course is open only to those enrolled a the L.A. Film School.

The course offers an overview of general law and ethical considerations in the field of entertainment, and examines, the operations of the American Legal system, civil liability in the form of negligence and defamation, the laws protecting intellectual property ownership, business entity formation, and the law and practices of contracts and negotiations.

Joshua Lastine's course is similar to the "Media Law & Ethics" class which David Albert Pierce teaches for Elon University's Semester in Los Angeles program. As such, Joshua carries on the tradition of Pierce Law Group LLPs commitment to the highest practice of law in an ethical fashion with an emphasis of conduct far removed from that of pettifoggers that can plague our profession.
Pierce Law Group LLP Client Projects
Now In Release
UNHINGED staring Russel Crowe
PLG Client, Solstice Studios was the first studio to have a nationwide release in domestic theaters since the advent of the COVID-19 pandemic. The film now in theaters is the Russell Crowe road rage thriller titled, ‘Unhinged.’


The film self-financed by Solstice will serve as a litmus test as to whether film goers are ready to return to U.S. cinemas for the first time since they abruptly went dark in March."

Pierce Law Group LLP provided certain legal services in relation to this film for which the firm along with David Albert Pierce and Anthony J. Hanna are credited on it.

Want to live out you pandemic rage vicoriously?: Watch the trailer here.

YOU CANNOT KILL DAVID ARQUETTE
PLG-LLP Client, David Arquette & Christine Arquette have produced documentary film, 'You Cannot Kill David Arquette' which is David's
"love letter to professional wrestling." To watch the trailer: click here

The film had its premiere at Pacific Drive-In Theater to comply with COVID-19 Protocols.

David will next be seen in the next chapter of the Scream franchise reprising his role has Deputy Dewey.

1 BR continues to dominate NETFLIX
Horror film '1 BR' was produced by PLG-LLP clients Nic Izzi and Alok Mishra. The film continues to be one of the top watched horror films on Netflix this Summer with a score of 86% fresh on Rotten Tomatoes.

To watch the trailer: click here for a scare

Pierce Law Group LLP proudly provided all production counsel and distribution legal mservices for this film.


THE COVID-19 PRODUCTION PACKAGE
Restarting production during COVID-19 means extra obligations and new liabilities for producers and production companies. Avoid getting stuck with thousands of dollars in unexpected costs while shooting during COVID-19. Our firm has the resources and expertise to streamline your production.

Contact our Client Liaison for more information by click here
Looking for Home Entertainment? Check Out Pierce Law Group Client Podcasts
Reminisce on the "Good Times" with Steve Simeone's podcast where he hangs out with his buddies reliving childhood memories, high-school mishaps, and the simple "good times" that make life worth living. Click here!
Every Monday our client Tony Hinchcliffe presents "Kill Tony" at the world famous Comedy Store. Listen to the podcast. To listen to the podcast, click here!
Enjoy a good laugh listening to comedians battle it out and engage in a little verbal violence with the most brutal jokes imaginable. Click here to listen to Verbal Violence!
Catch a sneak peek into the lives of Steve Treviño and his wife, "Captain Evil", where they discuss life, marriage, and parenting. More importantly, you get to see what the two put up with. Click here to listen to Steve Treviño and Captain Evil: The Podcast.
Don't miss a show where you'll never know who you will see! Stephen Glickman hosts "The Night Time Show", a top rated podcast where comedians interview a wide range of influential people, comedy gurus, and award winning artists. Click here to listen!
Looking for a good laugh? Live from the world famous Comedy Store, Rick Ingraham and Eleanor Kerrigan talk with national headliners and Comedy Store regulars. Click here to access the latest!
Learn about moviemaking with enjoyable analysis & real-life tips about the business of producing feature films by listening to our client StudioFest's "Demystified" Podcast. Click here!
Whoa! You won't want to miss Nikki Bon's new podcast "Whoa, Dad!" where she reunites with her absentee, rock and roll, space cadet dad. Listen to her attempt to mend their relationship and teach him how to be a good dad here!
Catch Dennis Feitosa's podcast "Def Noodles", a satirical take on internet news commentary.

A mix between "The Soup" and "The Colbert Report", a satirical take on Internet news. Find out why he has 350,000 subscribers and over 50 millions views: click here!


Live from the World Famous Comedy Store, the most dominant faction of pro wrestling fans (Producer Chris Burns, Comedians Tony Hinchcliffe, Johnny Skourtis, Mat Edgar and Josh Martin) weigh in on the state of the industry past and present.

Its a real barnburner of comedy and insight into all our WWE favorites from today and yesterday Wooo! To listen:
WHAT'S NEW AT PIERCE LAW GROUP LLP
Congratulations to Pierce Law Group LLP's Partner John R. Baldivia who has been named the new Secretary of the Beverly Hills Bar Association's Entertainment Law Section.

The position is part of the leadership ladder which will ultimately lead to a position as the Chairman of the world's largest bar association section dedicated to Entertainment Law.

This year's Installation Event is virtual and John will be officially sworn in on Wednesday, September 30th.

The BHBA serves more than 200 legal education programs and special events in nearly all substantive areas of law.
Have you met our newest team member?
Joshua Lastine, Esq.
Joshua R. Lastine, Esq. is a 6th year practicing attorney focusing on all aspects of transactional matters concerning Film, TV and New Media.

Joshua will be working predominantly in film and television transactions. Joshua has previously worked in a variety of areas of business & legal affairs for major studios and talent agencies. Immediately prior to joining Pierce Law Group LLP, Joshua worked as an Of Counsel attorney for ViacomCBS overseeing business & legal affairs issues for Awesomeness TV and Nickelodeon. He also previously spent 4 years as an Associate Attorney at Reder & Feig LLP and served as a Co-Head of its TV Production and Legal Group.

Joshua uses his background in business affairs to advise clients on the economics of entertainment deal making, as well as helping to guide clients through all aspects of their entertainment careers. He is originally from Iowa.
Other PLG-LLP Staff News
PLG Client Director,
Paige Blankenship, featured in VoyageLA

Paige Blakenship has been a part of Pierce Law Group LLP for the past year managing client intake, client operations, and our firm's marketing efforts. As she makes the next steps in her career as a future producer, she is gaining recognition from the local community.

In July, Paige took a leave of absence to serve as Production Coordinator for a 4 week independent film shoot. In October, she will commence a new full-time position on a Network show! We wish her well as her career in the entertainment industry continues to develop and flourish.
PLG Billing Manager,
Ben Kuerschner, keeps us laughing in VIRTUAL COMEDY

"Your Late Night Show Tonight" is late-night with a twist produced and written by our own Ben Kuerschner.

Each month come see your favorite celebrities and comedians build a completely new and original talk show in their own voice. Monologue jokes, special guests, music, lasers, a live elephant! They can’t necessarily promise any of those things, because every single episode will be a brand new, one-time-only, must-see show.
Government Help for Live Theater & Filmed Production
Live theatre needs your help!
 Please sign this petition to Congress
This is the last opportunity to tell Congress to support live entertainment venues and their employees. We NEED the #SaveOurStagesAct (SB 4258) and the #RestartAct (SB 3814) passed in order to keep independent live performance venues nationwide from closing permanently. Please help us #SaveOurStages now. Sponsored by: National Independent Venue Association (NIVA)

Your voice matters — 
Tell your legislators to save legitimate stage theater, comedy clubs, and music venues! 

Click here to notify Congress: https://www.saveourstages.com/
Update on California Tax Incentives

The next round of California TV tax credit applications can be filed from September 28-30 for projects relocating to California and October 5-7, 2020 for recurring projects already filming in California.

The COVID-19 crisis remains a caveat of when production can commence. The next round of California big-screen tax credit applications run January 25-27, 2021.

Pierce Law Group LLP attorneys can assist in the filing of tax credit applications as well as provide advice and counsel on other domestic and international tax incentives opportunities. To employ Pierce Law Group LLP for such endeavors, contact us by click here

In Memory of Allan Rich
It is with sadness that we announce our client, veteran character actor, Allan Rich passed away on August 22, 2020 at the age of 94. He had been bedridden and physically ailing for much of the past year at the Lillian Booth Actors Home on the east coast. His physical conditions were further complicated due to Alzheimer's. He lived an incredibly rich and meaningful life.

Pierce Law Group LLP had the good fortune of serving as Allan’s entertainment attorney for the last 20 years. He was committed to the craft of acting and served as acting coach for young actors and in 2012 he wrote “A Leap From the Method: An Organic Approach To Acting.” When not guest staring on sitcoms such as “The Nanny” and “Curb Your Enthusiasm” or stealing scenes via in his memorable supporting character roles in major motion pictures, such as “Quiz Show” and “Amistad,” he would regularly spent Sunday afternoons in the 90s and early 2000s performing his one man show featuring the works of Shakespeare in the back of bookstores, art galleries and micro-theaters. Like a pro basketball player who engages in a weekend pick-up game on a playground, Allan performed his one man act simply for his love of acting.

He was an acclaimed collector and dealer of fine art. When Blacklisted by Hollywood for his involvement as a Freedom Rider, he turned to the world of art to support his family when acting was foreclosed to him. He found an ingenuous way to ingratiate himself with Salvador Dali and through borrowed money commissioned Dali’s “Memories of Surrealism” which consisted of 12 individual original pieces for which he was granted the exclusive right to sell lithograph reproductions during the lean years of the Blacklist. He became quite successful in this second career when Hollywood would not hire him. It was ironic that the man who was labelled a Communist for his refusal to accept racial injustice turned out to be an incredible entrepreneur when he donned a Capitalist hat.

His film career did not recover from the Blacklist until fellow Blacklisted director Sidney Lumet cast Allan as the memorable District Attorney Herman Tauber in the 1973 film Serpico. But, once he returned to acting there was no stopping him. His face was a regular stable in countless character roles on sitcoms and feature films.  

And, Allan was incredibly funny. He was close friends with Buddy Hackett, Dan Akroyd and Fran Drescher. He was part of Milton Berle’s inner circle that regularly held court at the Friars Club in Beverly Hills. He also delivers the set-up for the final punchline in the comedy "The Frisco Kid" staring Harrison Ford and Gene Wilder. Allan was more than a client, he was a dear friend and father figure.   Managing partner David Albert Pierce states, “I will fondly cherish the many pastrami sandwiches and laugh out loud conversations which I shared with Allan.

THE COMEDY STORE
Comedian's Assistance Fund
Pierce Law Group LLP has served as general counsel for the world famous Comedy Store since 2003. We also represent many of the comedians that grace its stages.

Help us help them during these unprecedented times. Following the passing of Mitzi Shore, Our firm assisted The Comedy Store in establishing a Comedian's Assistance Fund in conjunction with the Motion Picture Television Fund (MPTF). That fund has never been more needed during the COVID-19 pandemic.

Donations can be made to the fund with proceeds benefiting comedians who have been hindered from performing on stages during the time of COVID. To donate click below:
PIERCE LAW GROUP LLP recognized
by Industry & Peers
MDAF Membership limited to attorneys who've won million dollar verdicts & settlements
Don't forget to connect with us on social media!
DISCLAIMER
The information you obtain in this newsletter is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.