Entertainment Law Update 41- Video Chat with the Interns
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Twitter: @tamerabennett
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Show Notes
In this episode of Entertainment Law Update, we decided to shake things up a bit. While regular co-host Tamera Bennett was I was joined via Google Plus Hangouts by the interns who work on the show:
Kelsey O'Leary
Mark Tomlinson
and
Brian Washburn,
who are all students at Pepperdine Law School… These are the folks who help identify and select the stories we cover, and who actually write the summaries Tamera and I use when we prep for the show.
Video of the episode is available here: http://youtu.be/Ey3eAP-23UY
BREAKING NEWS: Pandora to buy terrestrial Radio Station
We began the episode with some breaking news. On the day of our recording, it was announced that Internet music service Pandora has plans to acquire a terrestrial radio station, in a move to avail itself of more favorable royalty rates available to broadcasters. This might level the playing field with its major competitor Clear Channel, which in addition to its numerous radio holdings, also owns the streaming service iheartradio.com
Hart v. Electronic Arts
http://www.hollywoodreporter.com/thr-esq/appeals-court-revives-qbs-lawsuit-526271
In a 2-to-1 decision, the 3rd Circuit Court of Appeals ruled that various NCAA Football Video games made by Electronic Arts (EA) did not sufficiently transform the identity of Ryan Hart, a former Rutgers quarterback bringing suit against EA for violating his right to privacy.
Copyright in Space
Article from The Economist.
Canadian astronaut Chris Hadfield has captured over fifteen million YouTube views for his free-fall rendition of David Bowie's “Space Oddity,” recorded on the International Space Station (the “ISS”).
The video was transmitted to Canada, where Mr Bowie's former bandmate, Emm Gryner, added piano accompaniment. Others edited and produced the final product and uploaded it to YouTube.
Judge Blocks Bid to Stop Brooklyn D.A. Show
George v. Hynes
Article.
The Dark Knight Suit (Fortres Grand Corporation v. Warner Bros. Entertainment, Inc.)
http://www.hollywoodreporter.com/thr-esq/warner-bros-wins-lawsuit-fictional-524779
Warner Brothers Entertainment won a lawsuit filed against the film corporation by Fortres Grand Corporation, who alleged trademark infringement over the software program “Clean Slate”
In the film “The Dark Knight Rises,” Anne Hathaway’s character attempts to find a software program that will erase her criminal record from every computer database in the world, even calling it the “Clean Slate” at one point in the movie. While Fortres’ program only erases a users computer history, both programs have the same name.
Mixed Ruling in Sergio Tax Case
Sergio Garcia v. Commissioner of Internal Revenue (U.S. Tax Court, 140 T.C. No. 6)
ncome Tax Return).
The IRS treated 100% of the income from the an endorsement agreement as taxable personal service income and issued deficiency notices in the amounts of $930,248 and $789,518., notwithstanding contract terms allocating portions of the fees to services and others to use of name/likeness.
Music Class Action Suit
http://www.hollywoodreporter.com/thr-esq/hollywood-docket-digital-music-class-526214
Blagman v. Apple, Amazon, Google Microsoft, EMusic.com, The Orchard Enterprises, Orchard Enterprises NY
New York federal judge declined to dismiss a proposed class action lawsuit for copyright infringement against several high-profile digital music companies, including Apple, Amazon.com, and Google.
Harper Lee Sues Agent over “To Kill a Mockingbird” Royalties
Lee v. Pinkus (S.D.N.Y. filed May 3, 2013).
Warner Bros. Sued for Unauthorized Use of Nyan Cat and Keyboard Cat
Schmidt v. Warner Bros. Entm’t Inc. (C.D. Cal. filed Apr. 22, 2013).
Background:
Scribblenauts is a video game developed by 5th Cell Media and released by Warner Bros. in 2009 for the Nintendo DS. Sequels include Super Scribblenauts (2010), Scribblenauts Remix (2011), and Scribblenauts Unlimited (2012).
All four games contain appearances by Keyboard Cat, an Internet meme created by Charles Schmidt.
Keyboard Cat is Schmidt’s cat, Fatso, who appeared in a YouTube video wearing a shirt and apparently playing an electric keyboard with its paws. Keyboard Cat’s stardom has led to numerous appearances in commercials, including a feature role in a Starburst candy T.V. commercial.
Scribblenauts Unlimited also features another meme, Nyan Cat, created by Orlando Torres
Prenda Law Smackdown
Ingenuity 13 LLC, v. John Doe
Lady Gaga Excluded from Lawsuit
Calvin Gaines v. Rob Fusari et. al.
Trademark and Copyright Law Blog.
Great podcast/Hangout! The idea of terrestrial copyright — a discussion to continue for sure.