Gale Encyclopedia Of American Law 3Rd Edition Volume 4 P20 potx

ENGROSS
To print a final copy of a document. In archaic
criminal law, engrossment was the process of
forcing higher the price of a good by buying it up
and creating a monopoly.
Engrossment was used in ancient law where
the method of drawing up a written deed or
contract involved working out a rough draft and
then having the final terms of the instrument
copied legibly onto parchment paper. Today the
term denotes modern forms of copying, includ-
ing engraving or any other such form of
printing that will provide a legible final copy.
Engrossment is also used to describe a step in
the enactment of statutes. During the legislative
process, a bill may be debated, read, altered, or
amended until it is ultimately passed in a final
form. The process of engrossing is the printing of
an act in its final form and its enrollment.
ENGROSSED BILL
A legislative proposal that has been prepared in a
final form for its submission to a vote of the law-
making body after it has undergone discussion and
been approved by the appropriate comm ittees.
ENHANCEMENT
Increase in value; improvement.
Enhancement is generally used to mean an
increase in the
MARKET VALUE of property that is
the result of an improvement.
The enhancement of a criminal penalty

means the increase of punishment, such as by
increasing a jail sentence. This type of enhance-
ment might be affected when the criminal’s
motive is found to be particularly depraved.
ENJOIN
To direct, require, command, or admonish.
Enjoin connotes a degree of urgency, as
when a court enjoins one party in a lawsuit by
ordering the person to do, or refrain from
doing, somethi ng to prevent permanent loss to
the other party or parties. This type of order is
known as an injunction.
ENJOYMENT
The exercise of a right; the possession and fruition
of a right or privilege. Comfort, consolation,
contentment, ease, happiness, pleasure, and satis-
faction. Such includes the beneficial use, interest,
and purpose to which property may be put, and
implies right to profits and income therefrom.
ENOCH ARDEN DOCTRINE
The Enoch Arden doctrine consists of the legal
principles involved when a person leaves his or
her spouse under such circumstances and for
such a period of time as to make the other
spouse believe that the first spouse is dead, with
the result that the remaining spouse marries
another, only to discover later the return of the
first spouse. Generally, in most states, it is safer
for the remaining spouse to secure a divorce
before marrying again.

The Enoch Arden doctrine is named from
the title of the famous poem of Alfred, Lord
Tennyson, which recounted the story of a sailor
who after being shipwrecked for ten years
returned home to discover that his wife
remarried. The sailor, however, refused to
disrupt the remarriage. Jurisdictions recognized
the need to deal with Enoch Arden marriages
since, traditionally, a person can lawfully be
married to only one spouse at a time. In an
Enoch Arden situation, the spouse who has
remarried does so based upon the
GOOD FAITH
belief that the absent spouse is dead. Neverthe-
less, he or she could be legally charged with, and
prosecuted for, bigamy. Under both canon and
common law, the remarriage was regarded as
void
AB INITIO and any children born of it were
considered illegitimate. In some jurisdictions,
the spouse who remarried could also be sued by
the new spouse for annulment or divorce on the
ground of bigamy. These harsh results led state
courts and legislatures to resolve such cases.
Many jurisdictions passed statutes based
upon one enacted in 1603 during the reign of
King James I of England, which barred the
conviction of a spouse on bigamy charges if he
or she remarried seven years after the absent
spouse disappeared without any knowledge that

the absent spouse was alive. Such statutes
transformed the probability of the death of the
absent spouse into a
LEGAL CERTAINTY. States
subsequently liberalized the original statute by
permitting remarriage after a five-year period as
opposed to a seven-year period.
Such statutes do not, however, endow the
remarriage with legal status if the absent spouse is
alive. Additional legislation was necessary to
provide a means for legal recognition of the
remarriage. A spouse who plans to remarry can
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
ENOCH ARDEN DOCTRINE 179
commence an action for divorce based upon
desertion, if he or she can establish that the absent
spouse intended not to resume their marital
relationship and willingly left home without
justification for the requisite time period.
The facts of many Enoch Arden cases do not
establish desertion, however. Legislatures have
taken a variety of approaches to solve this
difficulty. Some statutes provide for the judicial
dissolution of a marriage, provided a spouse has
been absent for five consecutive years without
any knowledge that he or she is alive, the spouse
who commences the dissolution proceeding
believes that the absent spouse is dead, and a
diligent search was undertaken but there was no
evidence that the absent spouse is alive. A

spouse must obtain a dissolution of the
marriage by the court before he or she can
legally remarry or else the remarriage will be
void as a bigamous marriage. Statutes usually
require the spouse who initiates the proceedings
to place a notice for a specified time in a
newspaper judicially regarded as most likely to
give notice to the absent spouse. Such
SERVICE OF
PROCESS
by publication satisfies the constitution-
al requirements of
DUE PROCESS OF LAW in regard
to the dissolution of the marriage, but it does
not necessarily affect property or other rights.
Another statutory approach involves a court
inquiry made when the spouse planning to
remarry applies for a marriage license. The absent
spouse receives notice by publication, and the
outcome of the proceeding is a court finding of
the death of the absentee, provided a diligent
search was conducted. Although such a proce-
dure recognizes the common-law presumption of
death after seven years’ unexplained absence, it
permits a finding of death where the absence has
been for a shorter time. Once the court makes a
finding that the absent spouse is dead, the
appropriate agency can issue a marriage license
to the applicant and the remarriage is and
remains valid, even if the absent spouse returns.

Other jurisdictions dispense with the re-
quirement of
LEGAL PROCEEDINGS and recognize
the validity of a remarriage when the spouse is
absent and there is no knowledge that he or she
is alive for a statutory time period. A few states
modify this general rule by either refusing to
treat the remarriage as valid if the absent spouse
and his or her survivor agreed to separate or if
the survivor has not made reasonable inquiries
to locate the missing person.
CROSS REFERENCE
Marriage.
ENROLLED BILL
The final copy of a bill or joint resolution that has
passed both houses of a legislature and is ready for
signature. In legislative practice, a bill that has
been duly introduced, finally passed by both
houses, signed by the proper officers of each,
approved by the governor (or president), and filed
by the secretary of state.
Under the enrolled bill rule, once an
election for the adoption of a statute is held,
the procedural method by which the measure
was placed on the ballot cannot be challenged
with a lawsuit since judicial inquiry into
legislative procedure is barred as an intrusion
into the internal affairs of the lawmaking body.
In addition, this rule enhances the stability of
statutory enactments. Citizens can reasonably

rely on the legality of filed enactments. As a
result, an enrolled bill is the most authoritative
source of statutory law in a jurisdiction.
ENTAIL
To abridge, settle, or limit succession to real
property. An estate whose succession is limited to
certain people rather than being passed to all heirs.
In real property, a fee tail is the conveyance
of land subject to certain limitat ions or restric-
tions, namely, that it may only descend to
certain specified heirs.
ENTER
To form a constituent part; to become a part or
partaker; to penetrate; share or mix with, as tin
enters into the composition of pewter. To go or
come into a place or condition; to make or effect
an entrance; to cause to go into or be received into.
In the law of real property, to go upon land for
the purpose of taking possession of it. In strict
usage, the entering is preliminary to the taking
possession but in common parlance the entry is
now merged in the taking possession.
To place anything before a court, or upon or
among the records, in a formal and regular
manner, and usually in writing as in to enter an
appearance, or to enter a judgment. In this sense
the word is nearly equivalent to setting down
formally in writing, in either a full or abridged
form.
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION

180 ENROLLED BILL
ENTERTAINMENT LAW
Entertainment law covers those areas of law
governing professionals and businesses in the enter-
tainment industry, particularly contracts and
intellectual property; more particularly, certain legal
traditions and aspects of these areas of law that are
unique to the entertainment industry.
The entertainment industry includes the
fields of theater, film, fine art, dance, opera,
music, literary publishing, television, and radio.
These fields share a commo n mission of selling
or otherwise profiting from creative works or
services provided by writers, songwriters, musi-
cians, and other artists.
Contracts
The entertainment industry exists in a state of
economic uncertainty. Entertainment compa-
nies continually form, merge, re-form, and
dissolve. Furthermore, consumer tastes in
artistic products can change quickly, thrusting
certain artists or artistic movements to the
heights of popularity and reducing others to
obscurity. Because of this instability, the enter-
tainment industry relies on complex contracts,
which usually are drafted to protect entertain-
ment companies against economic risk.
Personal Service Agreements The
PERSONAL
SERVICE

agreement is a primary legal instrument
in the entertainment industry. It is negotiated
between an artist and a company that manu-
factures, promotes, and distributes the artist’s
goods or services. The agreement often binds
the artist to produce for one company for a
certain period of time. Personal service agree-
ments are often governed by statutes and are
often the subject of litigation because they
restrict the rights of artists to perform or create
for any entity except for the company with
whom they have contracted.
Artists generally do not have the resources
necessary to manufacture, market, and distrib-
ute their goods or services. Instead, they must
find an appropriate entertainment company to
do so. Entertainment producers (e.g., book
publishers, record companies, movie studios,
and theaters) often invest large amounts of time
and money in promoting and selling artists’
talents or products to consumers. Most artists
fail to earn a profit for their producer. A few,
however, earn enormous sums. To ensure that
artists who generate a profit remain with the
company, producers use personal service
agreements to bind artists for a certain time,
during which the producers attempt to recover
their investment in the artist, make a profit, and
cover losses from less successful artists.
In some entertainment industries, personal

service agreements are structured using options.
Options give a producer the right to extend an
agreement for several time periods. For exam-
ple, a record company may contract with a
musician to provide one album during the first
year of the agreement, with an option to extend
the contract. After one year, if the record
company feels that it would be economically
wise to release a second album by the musician,
the record company may exercise its option and
require the musician to provide the second album.
Under option contracts such as this, producers
can k eep a rtists on their roster f or many years, or
as long as the artists remain profitable.
Some option contracts can be disastrous for
the artist. For example, musicians sometimes
sign an option agreement without a provi sion
that they may break the agreement if the record
company fails to release their works. Many
recording artists have been held in professional
limbo by record companies that refuse to release
the artist’s music and also refuse to allow the
artist to record for another company. This
practice, known as shelving, is used by some
record companies to prevent economically risky
artists from becoming valuable assets to other
record companies.
Most artists, such as
musician Bob Dylan,
do not have the

resources to produce,
manufacture, market,
and distribute their
own works. As a
result, they make
contracts with
entertainment
companies to promote
and sell their work to
consumers.
AP IMAGES
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3
RD E DITION
ENTERTAINMENT LAW 181
Other entertainment industries use short-
term personal service agreements rather than
option agreements. For example, film studios
often contract with actors, direc tors, screen-
writers, and other creative artists on a one-film
basis. Short-term agreements allow studios to
avoid paying guaranteed fees to artists whose
market might dissipate overnight. In the early
days of the film industry, studios bound stars to
long-term agreements. That system changed in
the 1940s, when certain stars demanded fees
that were higher than studios were willing to
pay. Those stars then demanded, and received,
one-film contracts for their services, which
became the standard. The television industry,
by contrast, still uses long-term agreements for

its talent in many areas.
Litigation over personal service agreements is
common in the entertainment industry. Often,
artists who are relatively unknown are willing to
enter into an agreement that drastically favors the
company with which they are signing. Once an
artist achieves success and sees the profits that the
company is making from his or her services, the
artist may demand higher fees or royalties or to
be released from the contract. Conflicts such as
this often end up in court, where companies
typically demand that the court order the artist
not to perform for anyone else while the contract
is in dispute. (This type of order is known as a
negative injunction.) Whether the contract will be
enforced and the artist required to perform under
the agreement is usually determined by whether
the contract meets certain legal requirements
based on the state laws that govern it.
Contract for Ri ghts Another primary type of
contract in the entertainment industry is the
contract for rights, which often involves a transfer
of copyright ownership or a license to use certain
creative property (e.g., a song or photo).
Many times, a contract for rights is
combined with a personal service agreement.
The agreement often will state that any work
created by the artist during the term of the
agreement is considered a work for hire. The
company with whom the artist has contracted

often receives automatic ownership of the
copyright to a work for hire. For a work for
hire to exist, the artist must either be an
employee of the company or create the work
pursuant to a valid written agreement, and even
then, the work must fall within a few specific
categories defined by copyright law.
A license is a contract through which the
artist or copyright holder grants certain rights to
another party and promises not to sue them for
certain activities. For instance, a novelist might
grant a license to a film studi o to create a
screenplay based on a novel. A license specifies
the fee or royalty to be paid to the artist, the
exact scope of use of the copyrighted material,
and the time period for which the company
may use the material, as well as any other
conditions that the parties agree to attach to the
license.
Unique Aspects of Entertainment
Industry Contracts
Complex Royalty and Payment Provisions
Because entertainment companies often risk
large losses, the contracts they use often contain
clauses that artists may consider unnecessarily
complex or one-sided. For example, film studios
often base payments to talent in part on net
profits. The calculations that are necessary to
determine net profits, as defined in a typical
contract, can be mystifying to those who

represent the talent. A screenwriter or an actor
who receives bonuses or royalties on net profits
might be paid little or nothing on a film that has
earned hundreds of millions of dollars but is still
showing a loss according to the net-profits
calculation. Net-profits clauses have resulted in
several high-profile lawsuits, including Buch-
wald v. Paramount Pictures Corp. (13 U.S.P.Q.2d
[BNA] 1497 [Cal. Super. Ct. 1990]), Garrison v.
Warner Bros., Inc. (No. CV 95-8328 [C.D. Cal.
filed Nov. 17, 1995]), and Batfilm Productions,
Inc. v. Warner Bros. (Nos. B.C. 051653 & B.C
051654 [Cal. Super. Ct. Mar. 14, 1994]).
Record companies also use complex con-
tractual formulas to determine royalty payments
to their artists. Companies typically offer
seemingly large royalty percentages to artists.
Various clauses in the recording agreements
then are used to reduce the royalty percentages,
reduce the number of units on which royalties
are paid, and delay payment for many months.
Although a few small record companies have
made some effort to simplify the structure of
recording agreements, the major record com-
panies and their smaller affiliates have fought to
maintain the more complex, formula-based
agreements.
Advances Many entertainment contracts are
structured with advances. Advances are
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION

182 ENTERTAINMENT LAW
payments made to an artist before any actual
income is received by the company that
manufactures or delivers the artist’s products
or services. For example, an author might
receive an advance of $50,000 when a manu-
script is approved by the publisher. This
advance is normally nonrefundable, even if the
publisher never earns money from the publica-
tion of the author’s work. However, the
publisher will keep any royalties that would
have been payable to the author, until the
author’s advance and other expenses have been
recouped by the publisher.
Contracts with Minors Contract law in many
states requires that specific steps be taken in, or
clauses added to, a contract with a minor, to
ensure that the contract is valid. Often, compa-
nies will require that the minor’s parents
execute a valid release, under which they
guarantee the services of the child and agree
to be held liable for damages if the child fails to
perform under the terms of the contract.
Contracts with Intermediaries Successful
artists are surrounded by many individuals
who are responsible for enhancing and protect-
ing their career. Unknown artists use the services
of such intermediaries to help them become
known to more powerful figures in the enter-
tainment industry. Intermediaries have various

names and functions, but all serve to promote an
artist’s visibility and success in the industry. For
this service, they generally take a percentage of
an artist’s earnings or a portion of the artist’s
property rights in the artist’s creations.
Agents Agents are individuals who procure
employment and other opportunities for artists.
In film production, agents find actors roles or
pitch screenwriters’ works to studios, producers,
and actors. In music production, agents procure
live engagements for musicians. In book publish-
ing, agents attempt to secure publishing agree-
ments for authors. For their services, agents often
receive between 5 and 25 percent of an artist’s
revenues that are obtained through the agents’
efforts. Agents nearlyalways require an artistto use
only their services, while they usually serve many
artists. Agents are strictly regulated in some states,
especially states with large and successful enter-
tainment enterprises. Agents have become power-
ful figures in the entertainment industry.
Personal Managers Personal managers are
individuals who guide various aspects of an
artist’s career. In the early stages of an artist’s
career, the manager might act as agent, publicist,
contract negotiator, and emotional counselor.
As an artist gains in stature and income, the
personal manager’s primary tasks are to choose
and to direct specialists to handle various aspects
of the artist’s career. For these services, personal

managers often receive 10 to 20 percent of an
artist’s income from all sources.
Attorneys Attorneys in the entertainment in-
dustry perform man y standard legal functions
such as conducting litigation, giving business
advice, protecting
INTELLECTUAL PROPERTY, and
negotiating contracts. Entertainment attorneys
also serve as industry intermediaries, promoting
their clients in order to procure contracts for
the artists’ products and services. For these
services, entertainment attorneys are paid either
an hourly fee or a percentage of an artist’s
income.
Entertainment attorneys often face difficult
conflicts of interest. For example, an attorney
who has represented a record company is often
pursued by a recording artist to shop the artist’s
material to that company. The artist knows that
the company will often trust the attorney’s
opinion of the artist’s marketability, which gives
the artist a better chance of obtaining a recording
contract. The attorney, however, is often privy to
confidential information about the record com-
pany or still represents the company in related
negotiations. Attorneys and artists have been
involved in several high-profile disputes because
of such conflicts of interest.
Intellectual Property
The entertainment industry’s primary product

is intellectual property, protected by copyrights,
TRADEMARKS, and the right of publicity. A
majority of the terms in entertainment contracts
concern the ownership and use of this property.
Songs, plays, films, works of fine art, books,
and even some choreographed works are
copyrightable. The contractual terms that define
the ownership and use of these works are often
negotiated for months, with both the artist and
the entertainment company vying for as much
control of the intellectual property as possible.
U.S. copyright law contains provisions that
are specifically directed at the entertainment
industry. For example, the songwriter—or the
copyright holder, if the songwriter has trans-
ferred the song’s copyright or created the song
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
ENTERTAINMENT LAW 183
as a work for hire—decides who can first record
a song for publication. However, once the song
has been recorded and published, the copyright
holder may no longer limit who may record the
song. If a song’s copyrig ht owner has previously
granted permission for someone to record a
song, or if the songwriter has recorded and
commercially released a recording of the song,
the copyright holder is required by copyright
law to grant a license to anyone else who wants
to record that song. This is called a compulsory
license. A licensee who records a song under a

compulsory license is required to follow strict
statutory guidelines for notification of its use and
reporting sales and royalties to the copyright
holder. The fee for a compulsory license is set by
Congress at a few cents per recording manufac-
tured and is adjusted for inflation every few years.
A separate copyrig ht exists in each legally
recorded version of a song. Therefore, when a
musician records a song after receiving the
appropriate license from the owner of the song’s
copyright, that musician owns a separate
copyright in the recorded version of the song.
Copyright law also directly addresses the
unique needs of dance, theater, and other
performing arts. A creator of choreography
may claim a copyright for that choreog raphy
once it has been fixed in a tangible form, such as
on a video recording. The choreography then
may be used only with the permission of the
copyright holder.
One key aspect of copyright law as applied
to the entertainment industry is that of deriva-
tive works. A copyright holder initially co ntrols
who may create a work based on the artist’s
original work. For instance, a film studi o
generally may create a screenplay based on a
novel only with the written permission of the
novelist or other copyright holder. This control
is critical to authors and screenwriters, whose
works can be adapted to various other media:

films and sequels, television series and movies,
audiotapes, toys, games, T-shirts, and other
products derived from the work. An author can
forgo millions of dollars of potential income
simply by allowing a publisher to own and
control the rights to create and license any such
derivative works based on the author’s work.
Entertainment company names, band
names, performers’ pseudonyms, and, more
rarely, performers’ legal names, can be protected
under U.S. trademark laws. Like other
businesses, entertainment entities have an inter-
est in preventing others from using names that
are so similar to theirs as to cause confusion
among consumers as to exactly who is delivering
certain products or services. Therefore, many
entertainment entities register their names with
the U. S.
PATENT AND TRADEMARK OFFICE and claim
the exclusive right to use their names. In most
cases, such names will be registered as service
marks, rather than as trademarks. For instance,
bands who register their band name as a
trademark typically will register for performance
of entertainment services. Once an entity receives
a registration from the U.S. Patent and Trade-
mark Office, no other entity may use the name,
or a confusingly similar name, to provide services
similar to those provided by the registrant.
Use and ownership of trademarks by

members of a band or other entertainment
company can be a source of great controversy
when the entity dissolves. If, prior to dissolu-
tion, the owners or members of the entity have
not agreed as to who may use the trademark
after dissolution, lengthy legal battles can result
as different members or factions try to use, and
prevent the other members from using, th e
trademark.
Electronic Copyright
In the mid-1990s, a ne w format known as MP3
(Motion Picture Experts G roup-1 Audio L ayer
3) emerged, allowing digital music to be
compressed and stored in one-tenth of the
spaceinwhichaCDcanstoreit.Theresultwas
a widespread growth of public access to
digitized music. The electronic distribution
and the digitization of music increased specu-
lation that royalties to artists would be reduced
radically as a result of the new technology.
Napster In early 1999 Shawn Fanning, who
was only 18 at the time, began to develop an
idea as he talked with friends about the
difficulties of finding the kind of MP3 files they
were interested in. He thought that there should
be a way to create a program that combined
three key functions into one. These functions
were a search engine, file sharing, (i.e., the
ability to trade MP3 files directly, without
having to use a centralized server for storage),

and an
INTERNET Relay Chat (IRC), which was a
means to find and chat with other MP3 users
while online. Fanning spent several months
writing the code that would become the utility
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
184 ENTERTAINMENT LAW
later known world-wide as Napster. Napster
became a nonprofit online music-trading pro-
gram that became especially popular among
college students, who typically had access to
high-speed Internet connections.
In April 2000, the heavy metal rock group
Metallica sued Napster for copyright infring e-
ment. Several universities were also named
in this suit. Metallica claimed that these
universities violated Metallica’s music copy-
rights by permitting their students to access
Napster and to illegally trade songs using
university servers. A number of universities
already had banned Napster prior to April 2000
because of concerns about potential copyright
infringement and/or because traffic on the
Internet was slowing university servers. Yale
University, which was named in the suit,
immediately blocked student access to Napster.
Metallica argued that Napster facilitated
illegal use of digital audio devices, which it
alleged was a violation of the
RACKETEERING

Influenced and Corrupt Organizations (RICO)
act. Napster responded that copying a song
from a CD to a personal computer—when that
CD was lawfully purchased—is a reasonable use
of the copyrighted material according to the fair
use doctrine. It argued further that if this file
happened to be accessible on the Internet, then
others could access or download it without
being guilty of a crime or civilly liable for
copyright infringement. Napster further
claimed that since it made no profit from the
trades, it owed no money in royalties. Among
other things, when courts determine whether
fair use has oc curred, they assess how much of
the copyrighted material was used and the
economic effect this use has on the copyright
The Fiduciary Duty of Entertainment
Attorneys:Joelv.Grubman
A
B
n attorney has a duty to act solely in the
client’s best interests, to disclose any poten-
tial conflict of interest, and to withdraw if a conflict
would impair the attorney’s ability to represent the
client. In 1992 pop singer Billy Joel sued his former
attorney Allen J. Grubman and Grubman’slawfirm
for $90 million, claiming that Grubman had commit-
ted fraud and breach of contract. The suit alleged
that while representing Joel throughout the 1980s,
Grubman had defrauded the singer out of millions of

dollars by negotiating secret deals with Joel’s
manager, Francis W eber, and by allowing Weber
to control the law firm’s representation, often in
direct conflict with Joel’s best interests. Joel
claimed that if the firm ha d notified him of Weber’s
actions, Joel could have prevented millions of
dollars in losses to his manager. The singer cla imed
that the law firm was concerned primarily with
enhancing its own reputation by keeping him on its
client roster, and did not want to risk losing Joel as
a client by angering Weber.
Joel also alleged that Grubman failed to
disclose that the law firm represented Joel’s label,
Sony Music, and that such representation was an
inherent conflict of interest that biased Grubman’s
judgment during contract negotiations.
The law firm claimed that it had done nothing
illegal or unethical in its r epresentation of Joel, and
stated that it was hired by Joel only to negotiate
contracts, not to monitor the business ventures of
Joel’s manager. Furthermore, the firm claimed that
Joel had earned millions of dollars as a result of his
recording contract, proof that its advice to him
during negotiations with the label were not affected
by the firm’s relationship with Sony.
The case sent shock waves through the
entertainment industry, where it is not uncommon
for attorneys t o represent both sides of a contract
negotiation, or at least have ongoing client relation-
ships with both s ides, and it is also not uncommon

for an attorney to respect the decisions of an artist’s
manager even though the attorney’s client is the
artist. Joel and Grubman settled the case without
disclosing the terms of settlement.
CROSS REFERENCES
Attorney Misconduct; Conflict of Interest.
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
ENTERTAINMENT LAW 185
owner. The U.S. Court of Appeals for the Ninth
Circuit held that Napster’s oper ation constitut-
ed copyright infringement.
iTunes
In 2003 Apple launched the iTunes Store on
the Internet to provide a virtual location where
consumers are able to buy and download digital
music on demand. In a mere five years, by 2008,
Apple announced that it had sold more than
4 billion songs and was the second largest U.S.
retailer of digital music. The success of the
iTunes Store has eroded CD sales significantly,
thereby changing the face of the entire music
industry. Although Digital Rights Management
(DRM) software prohibits digital music pur-
chasers from sharing that music with others
and thus allows copyright holders to prevent
unauthorized duplication of their work, some
major music labels have agreed to offer its songs
on iTunes DRM—free .
Personal Rights
A successful artist’s name and image can

become valuable commodities. Use of the
artist’s name and likeness by another party
can infringe on rights held by the artist. The
legitimacy of such uses is often unclear and is
based on several areas of law that overlap and
sometimes contradict each other, such as right
to privacy, right to publicity, unfair competi-
tion, defamation, and
FIRST AMENDMENT law.
Concerns about long-term contracts and
record labels taking advantage of rock stars have
caused major stars to lobby Congress. Don
Henley, Sheryl Crow, and Alanis Morissette have
spoken before Congress on the need for rock
stars to represent their own interests, without so
much interference or control from record
companies. One of the most vocal groups is the
Recording Artists Coalition, which includes as its
members singer-songwriter Don Henley, Eric
Clapton, Joni Mitchell, Q-Tip, and Peggy Lee.
FURTHER READINGS
Burr, Sheri L. 2007. Entertainment Law in a Nutshell. 2d ed.
St. Paul, MN: West.
Greene, K.J. 2008. “‘There’s No Business Like Show
Business’: Using Multimedia Materials to Teach
Entertainment Law.” Saint Louis University Law
Journal. Spring.
The Entertainment and Sports Lawyer (various issues).
Levitt, Carole, and Mark Rosch. 2003. “Finding Entertain-
ment Law Online, from Scholarship to Scandals.” Los

Angeles Lawyer 26 (May).
Loyola of Los Angeles Entertainment Law Review (various
issues).
Pinguelo, Fernando M. 2009. “Morals? Who Cares About
Morals? An Examination of Morals Clauses in Talent
Contracts and What Talent Needs to Know.” Seton Hall
Journal of Sports and Entertainment Law. 19.
Stansky, Lisa. 2002. “Contracts, Rights, and Land Deals—
That’s Entertainment.”Student Lawyer 31 (November).
CROSS REFERENCE
Art Law.
ENTICE
To wrongfully solicit, persuade, procure, allure,
attract, draw by blandishment, coax, or seduce. To
lure, induce, tempt, incite, or persuade a person to
do a thing. Enticement of a child is inviting,
persuading, or attempting to persuade a child to
enter any vehicle, building, room, or secluded
place with intent to commit an unlawful sexual
act upon or with the person of said child.
ENTIRETY
The whole, in contradistinction to a moiety or part
only. When land is conveyed to husband and wife,
they do not take by moieties, but both are seised of
the entirety. Parceners, on the other hand , have
not an entirety of interest, but each is properly
entitled to the whole of a distinct moiety.
The word is also used to designate that
which the law considers as one whole, and not
capable of being divided into parts. Thus, a

judgment, it is held, is an entirety, and, if void as
to one of the two defendants, cannot be valid as
to the other. Also, if a contract is an entirety, no
part of the consideration is due until the whole
has been performed.
ENTITLEMENT
An individual’s right to receive a value or benefit
provided by law.
Commonly recognized entitlements are
benefits, such as those provided by SOCIAL
SECURITY
or workers’ compensation.
ENTITY
A real being; existence. An organization or being
that possesses separate existence for tax purposes.
Examples would be corporations, partnerships,
estates, and trusts. The accounting entity for
which accounting statements are prepared may
not be the same as the entity defined by law.
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
186 ENTICE
Entity includes corporation and foreign corpo-
ration; not-for-profit corporation; profit and not
for-profit unincorporated association;
BUSINESS
TRUST
, estate, partnership, trust, and two or more
persons having a joint or common economic
interest; and state, U.S., and foreign governments.
An existence apart, such as a corporation in

relation to its stockholders.
Entity includes person, estat e, trust, govern-
mental unit.
ENTRAPMENT
The act of government agents or officials that
induces a person to commit a crime he or she is
not previously disposed to commit.
Entrapment is a defense to criminal charges
when it is established that the agent or official
originated the idea of the crime and induced the
accused to engage in it. If the crime was
promoted by a private person who has no
connection to the government, it is not entrap-
ment. A person induced by a friend to sell drugs
has no legal excuse when police are informed that
the person has agreed to make the sale.
The rationale underlying the defense is to
deter law enforcement officers from engaging in
reprehensible conduct by inducing persons not
disposed to commit crimes to engage in
criminal activity. In their efforts to obtain
evidence and combat crime, however, officers
are permitted to use some deception. For
example, an officer may pretend to be a drug
addict in order to apprehend a person suspected
of selling drugs. On the other hand, an officer
cannot use chicanery or fraud to lure a person to
commit a crime the person is not previously
willing to commit. Generally, the defense is not
available if the officer merely created an oppor-

tunity for the commission of the crime by a
person already planning or willing to commit it.
The defense of entrapment frequently arises
when crimes are committed against willing
victims. It is likely to be asser ted to counter
such charges as illegal sales of liquor or narcotics,
bribery,
SEX OFFENSES, and gambling. Persons who
commit these types of crimes are most easily
apprehended when officers disguise themselves
as willing victims.
Most states require a
DEFENDANT who raises
the defense of entrapment to prove he or she did
not have a previous intent to commit the crime.
Courts determine whether a defendant had a
predisposition to commit a crime by examining
the person’s behavior prior to the commission of
the crime and by inquiring into the person’spast
criminal record if one exists. Usually, a predis-
position is found if a defendant was previously
involved in criminal conduct similar to the crime
with which he or she is charged.
When an officer supplies an accused with a
tool or a means necessary to commit the crime,
the defense is not automatically established.
Although this factor may be considered as
evidence of entrapment, it is not conclusive.
The more important determination is whether
the official planted the criminal idea in the

mind of the accused or whether the idea was
already there.
Entrapment is not a constitutionally required
defense, and, consequently, not all states are
bound to provide it as a defense in their criminal
codes. Some states have excluded it as a defense,
reasoning that anyone who can be talked into a
criminal act cannot be free from guilt.
ENTRY
The act of making or entering a record; a setting
down in writing of particulars; or that which is
entered; an item. Generally synonymous with
recording.
Passage leading into a house or other building
or to a room; a vestibule.
The act of a merchant, trader, or other
businessperson in recording in his or her account
books the facts and circumstances of a sale, loan, or
other transaction. The books in which such
memoranda are first (or originally) inscribed are
called books of original entry, and are
PRIMA FACIE
evidence for certain purposes.
In
COPYRIGHT law, depositing with the register
of copyrights the printed title of a book, pamphlet,
and so on, for the purpose of securing copyright on
the same.
In immigration law, any coming of an alien
into the United States, from a foreign part or place

or from an outlying possession, whether voluntary
or otherwise.
In
CRIMINAL LAW, entry is the unlawful making
of one’s way into a dwelling or other house for the
purpose of committing a crime therein. In cases of
BURGLARY, the least entry with the whole or any
part of the body, hand, or foot, or with any
instrument or weapon, introduced for the purpose
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
ENTRY 187
of committing a felony, is sufficient to complete the
offense.
In customs law, the entry of imported goods at
the custom house consists in submitting them to
the inspection of the revenue officers, together with
a statement or description of such goods, and the
original invoices of the same, for the purpose of
estimating the duties to be paid thereon.
In real property law, the right or authority to
assert one’s possessory interest or ownership in a
piece of land by going onto the land.
ENTRY OF JUDGMENT
Formally recording the result of a lawsuit that is
based upon the determination by the court of the
facts and applicable law, and that makes the result
effective for purposes of bringing an action to
enforce it or to commence an appeal.
Entering judgment is a significa nt action
because it establishes permanent evidence of the

rendition by the court of a judgment. Under
some statutes and court rules, judgment is
entered when it is filed with the appropriate
official; under others, it must actually be noted
in the judgment book or civil docket.
The entry of a judgment is not the same as
the rendition of a judgment. Rendition is a
judicial act by a court in pronouncing the sen-
tence of law based upon the facts in controversy.
Entry occurs after the rendition of judgment and
is a ministerial act that consists of recording the
ultimate conclusion reached by the court in
the action and providing concrete evidence of
the judicially imposed consequences. It serves as
a memorial of the action.
ENUMERATED
This term is often used in law as equivalent to
mentioned specifically, designated, or expressly
named or granted; as in speaking of enumerated
governmental powers, items of property, or articles
in a tariff schedule.
ENVIRONMENTAL LAW
An amalgam of state and federal statutes,
regulations, and common-law principles covering
air pollution, water pollution, hazardous waste,
the wilderness, and endangered wildlife.
Almost every aspect of life in the United
States is touched by environ mental law.
Drinking water must meet state and federal
quality standards before it may be consumed by

the public. Car
MANUFACTURERS must comply
with emissions standards to protect air quality.
State and federal regulations govern the manu-
facture, storage, transportation, and disposal of
the hazardous chemicals used to make deodor-
ants, hair sprays, perfumes, m akeup, fer tilizers,
herbicides, pesticides, detergents, cleansers, bat-
teries, and myriad other common goods and
products.
Common Law
Under the common law, environmental liti-
gation revolves around six doctrines: nuisance,
TRESPASS, NEGLIGENCE, STRICT LIABILITY, prior ap-
propriation, and
RIPARIAN RIGHTS.
Nuisance Modern environmental law traces its
roots back to the common-law tort of nuisance.
A nuisance is created when an owner or
occupier of land unreasonably uses that land in
a way that substantially interferes with the rights
of others in the area. A nuisance is sometimes
referred to as the right thing in the wrong place,
like a pig in a parlor instead of the barnyard.
Nuisances can be public or private. A public
nuisance interferes with a right or interest
common to the general public, such as the
public’s interest in healthful drinking water. A
private nuisance interferes with a right or interest
of a private individual, such as a homeowner’s

right to the quiet enjoyment of her land.
The primary practical difference between
the two types of nuisance is that a government
department, such as a state or federal environ-
mental agency, traditionally brings suit to
enjoin a public nuisance, whereas only private
citizens and organizations may sue to stop a
private nuisance. The two concepts can also
overlap. A nuisance that interferes with a private
use of property can simultaneously interfere
with a public interest. For example, factory
smoke that diminishes the value of neighboring
property is a private nuisance, and it is at the
same time a public nuisance if it also endangers
surrounding wildlife.
Courts engage in a balancing test to
determine whether a particular activity amounts
to a public or private nuisance. A particular
activity is declared a nuisance when its useful-
ness is outweighed by its harmfulness. The
harmfulness of an activity is measured by the
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
188 ENTRY OF JUDGMENT