The Deals That Reality Stars Receive Just for Being Themselves.

By: Katrina Yu, Associate at Entertainment Law Partners

Ever since the explosion of reality television shows on all major cable networks, we have seen the “talent” of individuals ranging from Shawn Johnson (“Dancing With the Stars”) to Kim Kardashian (“Keeping Up With The Kardashians”) to Honey Boo Boo (“Here Comes Honey Boo Boo”) and the infamous cast of The Jersey Shore. These individuals have filled our TV sets with joy, laughter, confusion, frustration, anger, and for some, just pure adulterated-entertainment. So exactly how much do these “talented”individuals make for a living and are their entertainment values worth the price tag?

Starting with the cast of ABC’s “Dancing With the Stars,” the pro-dancers reportedly made $1,600/episode during the shows’ earlier seasons, and currently make around $5,200/episode, plus bonuses for making it into the final rounds. This adds up to about $57,200 for the 3 pro-dancers who make it all the way to week 11 of the show. $57,200 might not seem like a lot at first glance, but in reality, $57,200 for 11 weeks is only about 3 months worth of work, and even then, it is higher than most professionals receive as a yearly salary. Of course, for those unlucky pro-dancers that get booted after the 2^ndweek, they would only make $10,400, but that is still a huge payday for two weeks worth of hard labor.

However, $57,200 is pocket change compared to the salaries that the “stars” receive for being on the show. According to various sources, each celebrity (regardless of his/her star power) gets a base salary of $125K just for being on the show! That alone is more than double what the pros make for the entire season! In addition, the “Stars” are given additional salaries per week as they progress in the show. The winner of this reality series can earn up to $365K for the show, more than 6 times what the actual professional dancers make!

Remarkably, the price tag only gets more interesting when talking about other shows. For example, each “cast” member of the new TLC hit “Here Comes Honey Boo Boo”reportedly earned $5K to $7K/episode that was later increased to $15K to $20K/episode, by episode 2! The 6 members of the Honey Boo Boo clan made roughly $140K to $187K collectively this year for their 10 episode series! It has been further reported that TLC has even offered to cover various expenses for the family including hiring a bodyguard, a driver and even purchasing a new house.

Advancing from Honey Boo Boo, we come to the cast of MTV’s Jersey Shore. The guidos and guidettes of this popular MTV series reportedly started off their fame with a measly $5K/episode, which roughly translated to about $45K for Season 1. However, after the show's success, it has been reported that in Season 2, the main cast of Jersey Shore made $10K (twice the amount from Season 1) per episode during its 13 episodes run. In Season 3, that price tag per person tripled to $30K/episode. By its 4^th Season, the cast was so invaluable to MTV, that they were able to negotiate a $100K/episode deal that gave the“stars” a final paycheck of $1.2 million for the entire season! The cast is now hopefully in their final season of taping, and each main cast member reportedly receives $150K/episode in this 12 episodes season. That is $1.8 million just for being J-Woww, Snooki, the Situation, Vinny, Pauly D and Deena! This does not even include the multiple side gigs that each of the “star” gets paid for throughout the year!

Lastly, we come to the Mother of all Reality TV stars, the one and only Ms. Kim Kardashian. In 2007, Ms. K made $5 million alone when she settled her lawsuit against Vivid Entertainment for her sex tape with Ray J. That in turn provided Ms. K with a reported $15K/episode for her very own reality show on E!’s ‘Keeping Up With The Kardashians.’ Since 2007, Ms. K’s salary on the reality series has increased to $40K/episode and the show is now in its 7^thSeason in addition to various spin offs. Additionally, she also reportedly made $18 million alone off endorsements and TV rights.

Ms. Kardashian is the epitome of all that is miraculous, great, and exciting in this vast world of entertainment culture. You never know if the next “big thing” is the homeless man around the corner or the talented YouTube singer that is trying to raise money to produce his/her first record. In the end, the only thing that matters is if the public is infatuated with you. And, if they are, let the negotiations for higher fees begin!

COPYRIGHT and DISCLAIMER

Katrina Yu is an Assoicate at Entertainment Law Partners dedicated to corporate, business and entertainment affairs. You may contact her at Katrina@entlawpartners.com.

Entertainment Law Partners grants column recipients permission to copy and distribute this column and distribute it free of charge, provided that copies are distributed for educational and non-profit use, no changes or revisions are made, all copies clearly attribute the article to its author and include its copyright notice.

DISCLAIMER: Readers should consult with a lawyer before solely relying on any information contained herein. (c) Entertainment Law Partners

 

When is it OK to use Copyrighted materials without obtaining permission. By: Tifanie Jodeh

As digital signage emerges further into the mainstream marketplace, content providers find it necessary to retain value by displaying content which captures attention, educates, promotes, and entertains and, most of all, generates revenue.

This article briefly addresses how content providers can deliver such content legally.

It is likely that most everyone reading this article has taken a magazine to the scanner and made a copy of an image or article of interest. On the same level, it could be assumed that a select number of content providers may have incorporated a film clip or piece of music into a produced piece which was displayed to the public. The issue is whether such use was a violation of copyright law. 

Copyright law is protective of works such as photographs, music compositions, films, sculptures, news articles and paintings.  These forms of creative, expressive media are protected as any “original work of authorship fixed in any tangible medium of expression.” (Under the Copyright Act).

Many content creators are confused about the fair use doctrine and whether they need permission to borrow from the owners of copyrighted works. “Fair use” allows conditions under which content creators can use material that is copyrighted by someone else without paying royalties or needing to obtain a license.  It gives the public a limited right to draw upon copyrighted works to produce separate works of authorship.

Such examples of uses include news, fair comment and criticism, parody, reporting, teaching, scholarship and research. Filmmakers, artists and writers benefit from the fact that the copyright law does not exactly specify how to apply fair use.  Creative needs are considered and whether the use is “fair” according to a “rule of reason”. 

Courts employ a four part test (set out in the Copyright Act) and ask two key questions:

1.  Did the unlicensed use “transform” the material taken from the copyrighted work by using it for a different purpose than the original, or did it just repeat the work for the same intent and value as the original. 

2. Was the amount and nature of material taken appropriate in light of the nature of the copyrighted work and of the use. 

If the answer to both questions is in the affirmative, a court is likely to find a fair use. 

For example, if a reporter quotes a paragraph from an article you wrote online and that reporter compares your opinion with that of other commentators, this is likely permitted by the fair use doctrine without the need to obtain your permission.

The following are some common questions with regard to usage of content:  “What if the usage had been only to advertise the network?”  “Can I use of segment from a music video or copy an excerpt from an article without obtaining permission?”  “What if I am planning on getting permission after the content is displayed?”   “If I am not making money from the display of the content, do I violate the copyright act?” 

The answer to most of these questions is: It depends on the use of the content. 

Be sure to keep in mind that fair use is a very fact-sensitive defense to a copyright claim.  It is sometimes difficult for producers, writers and content creators to determine beforehand whether a particular use is in fact a fair use. For this reason, it is a good idea to seek out a license before engaging in a use that might be a "maybe" fair use.

In conclusion, digital signage content providers, whether agencies or individuals, should consider the following before incorporating material into their content:

Don’t assume you have permission to use copyrighted material.  Be sure to get the permission in writing. 

If you did not create the content yourself then assume that it is copyrighted and you should obtain permission for its use. 

If you think you made need a license to use the content, then you probably do.

Assume and prepare for negotiating license fees or obtaining permission to use copyrighted material.

Have a second choice lined up in the event that you do not obtain permission from your first choice. 

You will most likely be required to provide a credit for the use of the copyrighted content (such as: “footage provided by XYZ Network”).

If you are in doubt that you need permission to use a certain clip, image, quote, or song, then stay on the safe side and obtain permission.  You should retain an attorney to help you through this process. 

For more information, visit the copyright office at http://www.copyright.gov/.

COPYRIGHT & DISCLAIMER

Tifanie Jodeh is Partner at Entertainment Law Partners, LLP dedicated to corporate, business and entertainment affairs.  You may contact her at Tifanie@entlawpartners.com.

[Tifanie Jodeh grants column recipients permission to copy and distribute this column and distribute it free of charge, provided that copies are distributed for educational and non-profit use, no changes or revisions are made, all copies clearly attribute the article to its author and include its copyright notice.]
DISCLAIMER: Readers should consult with a lawyer before solely relying on any information contained herein.