The angles aren’t particularly flattering, but here’s the video:

Earlier this week, I was interviewed for  Episode 38 of “The Podcasters Studio”, a podcast about podcasting technique, technology and philosophy.   That show’s host, Ray, was kind enough to let me plug my podcast, Entertainment Law Update, and my ebook, The Podcast, Blog and New Media Producer’s Legal Survival Guide.

Listen to the interview here:  

We talk about the many different legal issues surrounding podcasting and podcasters including copyright, fair use, model releases and much more. Do you know your rights if your original content is taken and used without your permission or violates the copyright you have in place? What can you do to make sure you are getting proper credit for your content? In our discussion, I offer some advice about how to approach such situations from both a formal (drop some legal forms on ‘em) and informal (ask nicely) perspective

The Podcast, Blog & New Media Producer’s Legal Survival Guide

The Podcast, Blog & New Media Producer’s Legal Field Guide will be released and launched at the Blogworld New Media Expo in Las Vegas on October 15th, 2010.

This book, (first available as an e-book in .pdf and e-pub/ibook format covers the legal aspects of creating content for the web, and arms producers with the information they need to stay out of trouble and avoid costly legal issues.

More information at http://podcastlawbook.com

The Theatre Producer’s Legal and Business Field Guide

This book has been in the works for some time, and it’s nearly done.  I expect to release/launch this publication later this year.

Theatre Producing is a complex and challenging field, and The Theatre Producer’s Legal and Business Field Guide will arm  readers with the knowledge they need to successfully produce stage plays and musicals.

In this Episode:

• Follow Ups:  Justin Bieber; Tenenbaum, Kate Plus 8
• Fleeting Expletives
• JayZ wins
• A few Fair Use cases
• Copyrights, Trademark cases
• Some BIG wins for plaintiffs in profit participation suits.

GET CLE CREDIT for this episode.

SHOW NOTES

FOLLOW UPS AND QUICK TAKES

Justin Bieber’s use of Twitter has him in the news again.

theweek.com/article/index/206135/justin-biebers-evil-prank

Award of Statutory Damages reduced in Tanenbaum case

Copyrights & Campaigns: Court slashes Tenenbaum award by 90% on constitutional grounds

Copyright Statutory Damages Award Violates Constitutional Due Process–Sony v. Tenenbaum

Kate Plus 8 – issues around kids’ work permits

New Questions About Legality of ‘Kate Plus 8′ Work Permits – Celebrity Parenting – Celebrity Justice

REGULATORY

FCC “fleeting expletives policy ruled unconstitutional

Court Tosses FCC’s Indecency Policy | TheWrap.com
Second Circuit Strikes Down “Fleeting Expletives” Policy On Constitutional Grounds

Second Circuit Strikes Down FCC’s “Fleeting Expletive” Rule « The Legal Satyricon

COPYRIGHT

JayZ  wins summary judgment against Egyptian plaintiff in song infringement suit.

Nafal v. Carter, 540 F. Supp. 2d 1128 – Dist. Court, CD California 2007 – Google Scholar

“Big Pimpin” at Ninth Circuit As Jay-Z, Music Publishers Win bAffirmation of Summary Judgment

FAIR USE:

More about the Jersey Boys
Sofa Entertainment, Inc. v. Dodger Productions, Inc
The U.S. District Court for the Central District of California held that the display of a seven-second video clip from the Ed Sullivan Show during performances of the musical Jersey Boys was non-infringing fair use.

“Eli Stone” series not an infringement of books with character Ely Stone.
Davis v. American Broadcasting Companies, Inc.
Court holds that the author of two action-mystery books about a modern-day warrior and protector named Ely Stone failed to state a claim for copyright infringement against ABC, the producers of “Eli Stone,” a comedy-drama television series about an attorney named Eli Stone, finding that the common elements between the two works are not protectible

Copyright Law & preemption of contract claims

Stadt v. Fox News Network LLC
In a case involving copyrighted video footage of Bernie Madoff, court holds that breach of contract claim based on alleged unauthorized use of an “exclusive” credit constituted an “extra element” such that the contract claim was not preempted by the Copyright Act

Are “beats” protectible under copyright law?
Slim Thug’s producer sued for copyright infringement – Yahoo! News UK

Jerry Garcia’s publisher, family refuse licenses of Grateful Dead music for biopic.
How do you make a movie about a musical artist, without using his music?
Jerry Garcia Biopic Denied Access to Grateful Dead Music – Spinner

TRADEMARK  ??

Mattel, Inc. v. MGA Ent’mt., Inc. – US 9th Circuit
Trial court judgment re: “Bratz”  ownership overturned on appeal

Judge orders TLC to stop using ‘Cake Boss’ title
TV show ordered to stop after complaint by maker of cake decorating software?  What about different classes of goods.  Doesn’t dilution require a VERY strong plaintiff’s mark?

Rachael Ray Wins Trademark Battle Over Her Name

JUST FOR FUN – Schuyler Moore’s guest post for Hollywood Reporter, Esq.

Do you know your showbiz deal terms?

SOME IMPORTANT RECENT PROFIT PARTICIPATION / ACCOUNTING DECISIONS

Alan Ladd Jr. wins big against WB over “Straightlining” in accounting for multiple films in bundled licenses.
Ladd v. Warner Bros. Entertainment, Inc
Warner Bros. loses Alan Ladd, Jr. appeal
Appellate court ruling in Ladd v. Warner Bros case (.pdf)
California Appellate Report: Ladd v. Warner Bros. Entertainment (Cal. Ct. App. – May 25, 2010)

Don Johnson wins big over Nash Bridges profits
‘Nash Bridges’ verdict! Now Don Johnson wins big!
Trial alert! How much is Don Johnson owed for ‘Nash Bridges’?

“Whose lawyer Wants to be a Millionaire”
Disney-Celador Lawsuit Verdict: Disney Ordered To Pay ‘Millionaire’ Makers $269.2 Million

In this Episode:

• Follow up on Hot News
• Viacom loses suit against YouTube.
• Hurt Locker Suit(s)
• Idea Theft
• Tribute Band Names
• Celebrity Rights of publicity

GET CLE CREDIT for this episode.

Go to  Entertainment Law Update podcast page

The episode has now been published.
Listen here:

Download audio file (TWiL-033.mp3)

Or visit <a href=”http://twit.tv/twil33>http://twit.tv/twil33 </a>

We’ll be streaming live  (with video) on the twit netcast network http://twitlive.tv, October 9th, from 11am to 1pm.  I hope you’ll join us.  It should be fun!

UPDATE:  What a fun time I had.  Here’s hoping I’m asked back again.  Thanks Denise!

PODCASTERS EMPORIUM #18

I’m very flattered to have been asked to travel (sadly, only virtually) to Australia to  join James Williams and Dave Gray, the hosts of Australia’s “Podcasters Emporium” to talk about the legal ins and outs of podcasting.  Here’s a direct link to the episode:  http://shows.lifestylepodnetwork.info/podcastersemporium/2009/09/27/episode-18-legally-unblonde/ It was a blast talking to the guys, and I’m looking forward to joining them again!.  Thanks James and Dave!

Visit the links above, or just  listen here!

Download audio file (EntertainmentLawUpdateEpisode3.mp3)

Download Episode (right click)

Approximate Running Time: 1:06

SHOW NOTES can be found at http://entertainmentlawupdate.com

In this episode:

Copyright Fees are increasing effective August 1, 2009

• http://www.copyright.gov/docs/fees.html

Pandora Web Radio reaches a settlement on music royalty rates.

• http://www.pastemagazine.com/articles/2009/07/pandora-agrees-to-new-royalty-plan-will-start-char.html
• http://www.hispanicbusiness.com/technology/2009/7/10/riaa_negotiates_rates_with_pandora_online.htm
• http://gizmodo.com/5309421/pandora-agreement-saves-internet-radio
• http://www.marketwatch.com/story/internet-radio-saved-at-a-small-cost?siteid=nwhpm

ASCAP wants to be paid when your phone rings

• http://www.eff.org/deeplinks/2009/06/ascap-wants-be-paid-
• http://feedproxy.google.com/~r/InPropriaPersona/~3/XzhJ0lIJCWM/

CASES

Jammie Thomas – Rassett loses file sharing suit brought by RIAA – $1.9 Million Verdict!
Capitol v. Thomas, No. 06-1497 (D. Minn., 2009)

• http://en.wikipedia.org/wiki/Capitol_v._Thomas
• http://www.wired.com/threatlevel/2009/06/riaa-jury-slaps-2-million-fine-on-jammie-thomas/
• http://news.cnet.com/8301-1023_3-10268199-93.html
• Comprehensive List of Links to Commentary
• Comprehensive List of Court Docs

JD Salinger prevents publication of new book
Salinger v. Colting, No. 09-50905 (S.D.N.Y. 2009) Order

• http://www.askbeforeyouact.org/blog/post/A-Sequel-to-Catcher-In-The-Rye.aspx
• http://www.askbeforeyouact.org/blog/post/Chapter-Two–No-Sequel-To-Catcher-In-The-Rye-In-The-US.aspx
• http://entertainmentagentblog.com/2009/06/30/catcher-and-the-lye/
• http://feedproxy.google.com/~r/wsj/law/feed/~3/Ei1C17yNSAk/
• http://www.1010wins.com/pages/4512245.php?contentType=4&contentId=4099583

YOUTUBE CASE OF THE MONTH

Google Class Action: No foreign plaintiffs without US Copyright registrations may be part of the class. (The Football Assn. Premier League v. YouTube)

• http://www.youtubeclassaction.com/
• http://www.youtubeclassaction.com/

TENENBAUM LITIGATION

(THE CIRCUS CONTINUES)

• Labels have made Motion for Summary Judgment re Tenenbaum;s fair use defense.
  • http://copyrightsandcampaigns.blogspot.com/2009/06/tenenbaum-court-dismisses-counterclaims.html
• Counterclaims re Abuse of Process – Dismissed, Motion to join RIAA – denied, Questions unconstitutionality of Statutory Damages – deferred
  • http://copyrightsandcampaigns.blogspot.com/2009/06/tenenbaum-court-dismisses-counterclaims.html

• Tenenbaum’s attorney in the crosshairs.
  • http://copyrightsandcampaigns.blogspot.com/2009/07/labels-reply-to-nesson-on-recordings.html
  • http://copyrightsandcampaigns.blogspot.com/2009/07/nesson-responds-to-osc-re-taping-claims.html
• Some other links about the Tenenbaum case: http://www.entmedialaw.com/?query=tenenbaum

FAIR USE CORNER

Does an Anti-Plagiarism Service Violate Students’ Copyrights when it maintains a database (i.e., copies) of student papers?

• http://www.theiplawblog.com/archives/-copyright-law-does-an-antiplagiarism-service-violate-students-copyrights.html

Supreme Court Denies Cert in Cablevision online DVR case.

NOVELTY CASE OF THE MONTH

Man sues over use of canned music in British production of a musical… and wins! (UK case)

• http://www.timesonline.co.uk/tol/comment/columnists/richard_morrison/article6661672.ece?openComment=true

Lindt Chocolate Bunny trademark dispute? (Belgium? Switzerland? EU?)

• http://jetl.wordpress.com/2009/06/15/lindt-defends-chocolate-bunny/

Yes, Lindt does have a US trademark registration for “Chocolate, chocolate products, namely, a chocolate bunny in a foil wrapper.”

Link to screen shot from pto http://www.jdsupra.com/post/documentViewer.aspx?fid=3d26257d-7d8d-46d3-bb2a-4189816626c3

The application was based upon a priority filing date from a foreign application. The US application was initially refused with the examining attorney claiming the proposed mark comprises a configuration of the goods that is not inherently distinctive and would not be perceived as a mark. The refusal was overcome by filing a distinctiveness claim (provision 2(f)) based on continuous use of over 5 years and a claim in an earlier filed US trademark application. The question remains, if the EU registration is cancelled, could the US registration be cancelled because of the priority claim relating to the EU registration, or would the US registration be amended to show a later date of first use?

Guest: Adrianos Facheti, Esq.

DEFAMATION

GUEST – Adrianos Fachetti, Internet Defamation Law Blog http://www.defamationlawblog.com/

• New Jersey Court rules Blogger is not a journalist and not subject to reporter’s privilege or shield law
  • http://lawprofessors.typepad.com/media_law_prof_blog/2009/07/new-jersey-judge-rules-blogger-cannot-claim-protection-of-shield-law.html
  • Where’s the line between journalist and citizen-on-a-soapbox?
  • Is a blogger a “media defendant”?
  • Does NY Times v. Sullivan elevated standard of “Actual Malice” apply?
• By Contrast, California courts have held that Bloggers ARE journalists:
  • http://www.mediabloggers.org/california-courts-rule-bloggers-are-journalists
  • Apple Barred From Obtaining Source Of Blog’s Article – O’Grady v. Superior Court – 139 Cal. App. 4th 1423, 2006 WL 1452685 (Cal. App. , 6th Dist., May 26, 2006)
• Sarah Palin resigns, attorney threatens media, bloggers, etc. (Adrianos’ Blog post commenting on state of journalism)
  • Would she have a claim? Public Figure? Couched as opinion? Reporting on the fact of rumors?