About Us
I am a focused and innovative attorney, whose primary interests are in the realms of Entertainment (film, music, fine art, digital and traditional publishing, merchandising), Trademarks, Copyrights, Licensing, and Estate Planning. The firm has a passion for working with entrepreneurs and startups, with an emphasis on female-owned businesses. Our practice also is opening into the realm of cannabis-related enterprises. We act as outside general counsel to new and growing business enterprises across a wide range of industries, including technology, retail, and entertainment.
How We Got Started
The Matthew I. Berger Law Group is the current form in which I have practiced law over the past 42 years. Returning to Santa Barbara as a survivor of the Silicon Valley meltdown of 2001, I have created a boutique firm doing what we love to do most with clients who appreciate our talent, dedication, and philosophy that "there is no box." We offer a complimentary 1/2 hour to new potential clients as we audition each other to ensure a good fit. Please let us know how and when we can be of service.
The products and services we offer
Recommendations Received (27)
"Strong legal services for your needs!"
"Matthew is the consummate professional. I've had great work experiences with him over the years..."
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"Matthew is the consummate professional. I've had great work experiences with him over the years through my time in public relations and marketing and highly recommend working with Matthew and his team. He has a positive demeanor too - always a plus. "
Products & Services
We offer high quality affordable legal services in the Entertainment (film, music, literature, fine art, multimedia) realm, Internet-related matter...
Entertainment, Trademark, Copyright, and General Business-Related Legal Services
Trademarks, Copyrights, Entertainment (Film, Music, Literature, Fine Art, Photography); Internet-Related Matters (Privacy Policies, Terms of Use); ...
Recommendations Given (15)
"Darla Bea is an outstanding DJ for any event. Her knowledge about and access to music from so..."
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"Darla Bea is an outstanding DJ for any event. Her knowledge about and access to music from so many eras is uncanny. I highly recommend her for any event you might have in mind. "
"Herald Printing has a long history of exemplary service and the highest quality of production. I..."
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"Herald Printing has a long history of exemplary service and the highest quality of production. I highly recommend Herald Printing for printing and print production needs."
Recent Activity
I totally believe in face to face networking. I am a member of ProVisors, which is a network of trusted professionals, the method of which is to know, like, trust, and refer. We have monthly meetings and then get together with two others for coffee, lunch, or breakfast for an opportunity to...
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I totally believe in face to face networking. I am a member of ProVisors, which is a network of trusted professionals, the method of which is to know, like, trust, and refer. We have monthly meetings and then get together with two others for coffee, lunch, or breakfast for an opportunity to really get to know one another. High-quality face to face networking is the best in my opinion after having been in business for 39 years and trying many of the other networking groups with significantly less success. In large part it depends on the type of business you are in and whether you need many one time and/or repeat customers or a longer term ongoing clients. I hope this helps.
If you want to add content for authors and/or publishers, as a copyright and trademark lawyer, I would suggest the following for starters: (1) Issues relating to life stories, privacy, rights of publicity; (2) copyright issues, including clearances of art/photographs/illustrations and termination...
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If you want to add content for authors and/or publishers, as a copyright and trademark lawyer, I would suggest the following for starters: (1) Issues relating to life stories, privacy, rights of publicity; (2) copyright issues, including clearances of art/photographs/illustrations and termination rights under the Copyright Act; (3) issues arising in the sale or license of rights for filmed entertainment, live stage adaptations, sequels, prequels, and ancillary exploitation (e.g., merchandise); (4) contract issues, including what happens when the book is not marketed or exploited or goes "out of print", royalties and audits, reversion and termination rights, and the like; (5) successes and pitfalls in self-purlishing; and (6) how to market or get distribution.
My advice requires the answers to several questions, the most important of which is what is your practice about? Once you clearly define what you do, or who you want as a client, and/or what the essence of your practice is, the marketing aspect becomes clearer. Not that I am an adherent to the...
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My advice requires the answers to several questions, the most important of which is what is your practice about? Once you clearly define what you do, or who you want as a client, and/or what the essence of your practice is, the marketing aspect becomes clearer. Not that I am an adherent to the Laws of Attraction, but I find that there is a lot of merit to the concept of being specific about what you want so that the universe can conspire to provide it. If you want to answer your phone and speak with lots of people, many of whom won't ever be your client or would not be the kinds of clients you want, then SEO and/or paying for AdWords or referral services are the way. If you are most concerned about the relationship you have with your clients and/or a specific practice area, I recommend joining Chambers of Commerce, Rotary, and volunteering with organization that might include your potential clients. A well designed website that conveys what you want your potential clients to know about who you are, first, what you care about, second, and what you do, third, will allow your message to reach the right potential clients.
If you have a particular area that you are passionate about, do some speaking engagements. For instance, web and graphic designers know almost nothing about trademarks, copyrights, privacy policies, etc. You can do a seminar for web designers, with or without food, with or without an admission fee, to establish yourself as a person with exceptional knowledge on a topic, each of whom can become your client and/or refer their clients to you.
I moved to a city where I did not know anyone 15 years ago. I realized that what I was about is service (as differentiated from money). My attitude and mission then followed that, and people with whom I wanted to associate and the kinds of work I wanted to do eventually came my way.
This is a process of planting seeds and remaining open and available for new opportunities. There are many different ways of building the practice that you want to have. Wishing you the best.
In California, all one needs to do to REGISTER an LLC is file a one page document and pay a small filing fee. To actually operate the LLC, there are numerous things that need to be set up, almost none of which are done competently by online services that do not meet with their client, ask...
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In California, all one needs to do to REGISTER an LLC is file a one page document and pay a small filing fee. To actually operate the LLC, there are numerous things that need to be set up, almost none of which are done competently by online services that do not meet with their client, ask numerous questions, and provide guidance on how to set up and operate the entity based on the answers to those questions. The first question I ask when someone comes to my office to set up an LLC is why do you want an LLC? That starts a longer conversation on the the person's business and financial goals; tax issues; how they will raise money to operate (Debt vs. Equity); how they will deal with employees and employee benefits, including the opportunity for employees, contractors, and other interested advisors to become owners of a piece of the business vs. granting a financial interest without a voting right, etc. While there are many benefits to forming and operating an LLC, it is not the only way, and sometimes not the best way to limit liability (or deal with options and financing). None of this is dealt with by online services, as far as I know. For people who value relationships and ongoing guidance from a qualified professional, it seems that online services are not the answer.
Starting with the basic copyright concept, anyone who does any creative work that is preserved in a tangible form owns the copyright to the creative work, unless it is a work made for hire, as defined under the U.S. Copyright Act (17 USC section 101: here is the Copyright Right Office's Circular...
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Starting with the basic copyright concept, anyone who does any creative work that is preserved in a tangible form owns the copyright to the creative work, unless it is a work made for hire, as defined under the U.S. Copyright Act (17 USC section 101: here is the Copyright Right Office's Circular on the subject: https://www.copyright.gov/circs/circ09.pdf). As you can see, a contribution to an audio-visual work is one of the nine categories that could be a work made for hire, other than a creative work from an employee. There needs to be a writing that specifically states that the parties agree that it is a work made for hire. Without a work made for hire agreement, you would need to get an assignment of all rights, title, and interest, but that opens the door to termination rights in the future. Having this dialed in is critical to establish the necessary chain of title to the work (who owns what?).
Releases from talent also should include the right to use their performance, name, and likeness in the work and in any promotional or ancillary elements. You also will need licenses/releases/assignments from choreographers, photographers, editors, etc. (basically anyone who makes any creative contribution to a work committed in a tangible form).
Music presents another interesting aspect, depending on whether it is an original work or not, and whether you are using an original performance of the musical work or someone else's recorded performance. The license to use music in an audio-visual work is called a sync license, and the price for the license is subject to negotiation (there is no set royalty rate).
I totally agree with Michelle Seanez's post: this is something that gets screwed up more often than not, usually by folks who do not really understand the concepts or the importance of tight agreements.
If these promotional videos are being made for your website, you will need to get an assignment or license of all rights from the creators that allows you to use the finished product(s) on your website. Be mindful that web designers sometimes hold their creative work hostage/ransom for payment of their services, even if they do not have the legal right to do so.
In my opinion, you will be best served if you find a lawyer to help (and not just because I am one and do this kind of work). Wishing you very good luck and success in your production.
The above is for general informational purposes and does not, and is not intended to, create an attorney-client relationship.
