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In this essential episode of Finding the Frame, host Chris Haigh sits down with Dale Nelson, the former VP of Intellectual Property at Warner Bros., for a deep dive into the legal complexities of modern filmmaking. Nelson, a partner at the leading entertainment law firm Donaldson Callif Perez, offers a rare glimpse into the behind-the-scenes legal work that protects some of the world’s biggest franchises, from Harry Potter to DC Comics.

Nelson explains the dual protection of copyright and trademark for iconic properties, detailing how everything from the Hogwarts name to its visual representation is legally safeguarded. She clarifies the fine line between fan enthusiasm and piracy, and the studio's approach to protecting its brand while respecting its community. The conversation then moves into the fascinating realm of fair use, with Nelson breaking down key Supreme Court cases like the "Pretty Woman" parody case and the recent "Warhol v. Goldsmith" decision, which has redefined the concept of "transformativeness."

For aspiring filmmakers and documentarians, Nelson provides crucial advice on how to navigate potential legal minefields. She identifies commonly overlooked clearance items—from artwork in the background to tattoos on extras—that can kill a distribution deal. The episode also tackles the rapidly evolving landscape of AI and deep fakes, with Nelson distinguishing between malicious deep fakes and the more common use of digital replicas in filmmaking. She discusses the legal and ethical implications, including the new protections for actors in guild agreements and the challenges of enforcement in a digital age. This is a must-listen for any filmmaker seeking to understand the legal framework that governs the industry.

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