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 . 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. 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. 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