Entertainment Law Update is brought to you by Clio, the best way to manage your practice online. Clio allows you to manage your matters, clients, time, bills, trust accounts and more all through a a secure, easy-to-use, web-based interface. For a free 30-day trial and 25% off your first 6 months of Clio, sign up at www.goclio.com and enter promotional code [ENTLAW]” Or, just visit http://entertainmentlawupdate.com/clio

 

Our Guest:

Erin Jacobson practices  in Los Angeles, California where she represents musicians, songwriters, producers, companies, and other entertainment professionals.  She has held several different positions in the music industry, including a stint as a DJ at USC’s campus radio station,  and in addition to  her transactional work music and entertainment, she also handles handles copyright and trademark issues for her clients in and around the industry.  She scored a great domain name…  Her Web site is at http://themusicindustrylawyer.com

360 DEALS in conflict with the Talent Agencies Act

TheMusicIndustryLawyer.com:   “360 Deals and the California Talent Agencies Act:  Are Record Labels Procuring Employment? ” by: Erin M. Jacobson

Sister Sledge and Kenny Rogers sue over license revenue share:

THR-esq: http://www.hollywoodreporter.com/thr-esq/sister-sledge-files-class-action-286903
THR-esq: http://www.hollywoodreporter.com/thr-esq/kenny-rogers-lawsuit-capitol-records-291388

Temptations Join Chorus of Lawsuits Over iTunes Royalties

THREsq (3/15/2012): http://www.hollywoodreporter.com/thr-esq/temptations-itunes-lawsuits-300733

Running list of sale vs license lawsuits:

http://ipandentertainmentlaw.wordpress.com/2012/03/09/recording-artists-suing-for-digital-royalty-accountings/

Roger Miller Copyright Termination

Lexology (3/5/2012): http://www.lexology.com/library/detail.aspx?g=0184062b-dd76-434c-a96c-0b2c9024ea7e&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-03-09&utm_term=

Decision: http://www.ca6.uscourts.gov/opinions.pdf/12a0049p-06.pdf

YMCA Termination

THREsq (3/22/2012): http://www.hollywoodreporter.com/thr-esq/ymca-village-people-lawsuit-copyright-termination-303377

Drake sued by ex-GF:

NY Daily News: http://www.nydailynews.com/entertainment/music-arts/drake-sued-alleged-ex-girlfriend-marvin-room-royalties-article-1.1016669?localLinksEnabled=false

THR-Esq: http://www.hollywoodreporter.com/thr-esq/drake-girlfriend-marvins-room-lawsuit-286916

FOLLOW-UPS

Variety Settles Long-Running Lawsuit Against L.A. Punk Band

THREsq (2/13/2012): http://www.hollywoodreporter.com/thr-esq/variety-lawsuit-vandals-punk-band-289700

http://www.vandals.com/Vandals/Variety_Vs._Vandals_Blog/Entries/2011/4/10_Federal_Justice_Sleet_Agrees_with_The_Vandals._Variety_Loses_First_Round%21.html

Judge Denies Efforts to Shut Down ReDigi
Hollywood Reporter (2/6/2012): http://www.hollywoodreporter.com/thr-esq/redigi-digital-music-lawsuit-287410

Aereo sued over Broadcast Television Retransmission:

Chicago Tribune: http://www.chicagotribune.com/entertainment/sns-201203201727reedbusivarietynvr1118051689mar20,0,3231770.story
Paul Weiss: http://www.paulweiss.com/files/Publication/996550c4-13ad-4a93-a375-5212822783ca/Presentation/PublicationAttachment/98133588-7295-4138-9d83-5492743e477f/CTD3-9-12.pdf#page=3

Marlon Brando Estate Wins Judgment Against Ashley Furniture:

MarketWatch (2/6/2012): http://www.marketwatch.com/story/marlon-brando-estate-wins-356000-judgment-in-federal-lawsuit-against-ashley-furniture-industries-inc-2012-02-06.

Shepard Fairey pleads guilty over Obama “Hope” image infringement

New York Times: http://artsbeat.blogs.nytimes.com/2012/02/24/shepard-fairey-pleads-guilty-over-obama-hope-image/

Forbes:
http://www.forbes.com/sites/hannahelliott/2012/03/07/artist-shepard-fairey-pleads-guilty-in-criminal-case-could-face-prison-time/

Julie Taymor Spider-Man update

LA Times: http://latimesblogs.latimes.com/culturemonster/2012/03/julie-taymor-spider-man-producers.html
New York Times: http://www.nytimes.com/2012/03/05/theater/spider-man-e-mails-revealed-in-taymor-lawsuit.html?_r=1&hpw
Taymor’s Filing: http://www.scribd.com/doc/83562006/taymor
THResq: http://www.hollywoodreporter.com/thr-esq/julie-taymor-spider-man-producers-motions-dismiss-lawsuits-303310

Corbello v. DeVito: No copyright infringement if defendants have a valid sub-license

Lexology: http://www.lexology.com/library/detail.aspx?g=0a9cd0d1-f928-4e5f-8caa-653c8c83258d

interested in the back story?

http://ipandentertainmentlaw.wordpress.com/2008/01/16/beaumant-boy-battles-jersey-boys-joint-authors-of-copyrightable-work/

QUICK TAKES

Indiana Moves to Grand Broad New Legal Rights to Dead Celebrities

http://www.hollywoodreporter.com/thr-esq/indiana-dead-celebrities-legal-rights-james-dean-law-288124

Marilyn Monroe Right of Publicity issues continue to plague CMG Worldwide

http://www.hollywoodreporter.com/thr-esq/marilyn-monroe-images-legal-dispute-303746

Louis Vuitton Sends Cease and Desist to Penn Law
Law of Fashion: http://www.lawoffashion.com/blog/story/03/03/2012/121

Entertainment Law Update is brought to you by Clio, the best way to manage your practice online. Clio allows you to manage your matters, clients, time, bills, trust accounts and more all through a a secure, easy-to-use, web-based interface. For a free 30-day trial and 25% off your first 6 months of Clio, sign up at www.goclio.com and enter promotional code [ENTLAW]” Or, just visit http://entertainmentlawupdate.com/clio

 

Bob Tarantino
Blog: http://www.entertainmentmedialawsignal.com/
email:  BTarantino@heenan.ca

Bob Tarantino is a partner in the Entertainment Law group at Heenan Blaikie LLP and focuses his practice on the interface between entertainment and intellectual property law. Bob has been recognized as one of Canada’s leading lawyers in the area of entertainment law in the 2010, 2011, and 2012 editions of The Best Lawyers in Canada (Woodward/White).  In 2010 he launched Heenan Blaikie’s Entertainment & Media Law Signal, a collaborative blog by members of the firm’s Entertainment Law group, which was recognized as a co-winner of the Best New Law Blog in the 2010 Canadian Law Blog Awards.

 

 

CANADIAN COPYRIGHT LAW APPROACH TO SIMILAR SCENARIO

The Newt Gingrich Campaign has been using the song, “How You Like Me Now” at campaign events. Third Side Music, a Montreal Record Label that controls the rights to the song sent Gingrich’s team a cease and desist order.

In the US, using a song at the public event requires securing a valid public performance license from ASCAP, BMI, or SESAC. Beyond that, an artist does not have the ability to restrict the use of their song at a political event.

In Canada, the Canadian Copyright Act gives authors moral rights.

The author of a work has the right to the “integrity” of the work which is ingringed if the work is, to the “prejudice of the honor or reputation of the author, distorted, mutilated or otherwise modified; or used in association with a product, service, cause or institution (Section 14.1, Section 28.2).”

Thus, here, the use of the song in association with a cause (the campaign) prejudices the honor or reputation of the author and infringes his moral rights.

Third Side Music is the Canadian music publisher that controls the rights to the song.
Bob’s blog post at Entertainment Media Signal: http://www.entertainmentmedialawsignal.com/2012/01/articles/music/canadian-copyright-and-campaigns-moral-rights-edition/#.TyYIdrXVzI8.twitter

MITT ROMNEY/NBC

NBC’s lawyers have asked Romney to take out any reference to the network’s journalism in any other ads as well, but the campaign said it believes it falls under the fair-use doctrine and was reluctant to take the ad off.

Megaupload Drops Lawsuit Against Universal Music Group

THR-Esq: http://www.hollywoodreporter.com/thr-esq/megaupload-universal-music-group-lawsuit-dropped-283767
Wired.com: http://www.wired.com/threatlevel/2011/12/youtube-universal-megaupload/
THR-Esq: http://www.hollywoodreporter.com/thr-esq/megaupload-founder-kim-dotcom-arrest-bail-sopa-284551

 

GOLAN V. HOLDER – SUPREME COURT RULING

THREsq: http://www.hollywoodreporter.com/thr-esq/supreme-court-ruling-foreign-copyright-laws-282931

The Supreme Court has handed down a long awaited decision. In a 6-2 decision, the Supreme Court held that Congress had the right to enter into the Uruguay Round Agreement which was an international treaty that allowed foreign rights-holders to claim copyright protection on some works that were previously in the public domain.

EA Invokes First Amendment For Video Games

Kotaku: http://kotaku.com/5874076/ea-invokes-first-amendment-protection-for-video-games-in-trademark-dispute-with-helicopter-maker
THR Esq: http://www.hollywoodreporter.com/thr-esq/battlefield-helicopters-video-games-280148
Gamasutra: http://www.gamasutra.com/view/news/39540/EA_claims_free_speech_in_legal_dispute_over_helicopter_usage_in_Battlefield_3.php

Video game juggernaut Electronic Arts has filed suit against defense conglomerate Textron in California court.  At issue is EA’s right to depict three of Textron’s helicopters in the video game military simulation Battlefield 3.  Textron was allegedly threatening their own suit over trade dress infringement and dilution claims, which prompted the pre-emptive action by Electronic Arts.  EA is seeking a declaratory judgment allowing them to depict the three aircraft (the AH-1Z Viper, the UH-1Y transport helicopter, and the V-22 Osprey) on Fair Use and First Amendment grounds.

Compare: Use of “fictional car brands” in video games.  http://www.giantbomb.com/fictional-car-brands/92-5156/

Velvet Underground Sues Andy Warhol Foundation Over Famous Banana Album Cover

THREsq: http://www.hollywoodreporter.com/thr-esq/velvet-underground-andy-warhol-bananas-280603

UK Judge Orders Accused Copyright Pirate Extradited to US

THREsq: http://www.hollywoodreporter.com/thr-esq/tvshack-richard-odwyer-copyright-pirate-281455

Richard O’Dwyer, a 23-year old British resident has been ordered for extradition to the United States to face charges of copyright infringement for running a website that links to free films and tv shows.  Mr. O’Dwyer made thousands of British Pounds in advertising on the site.

The UK judge ruled that although the UK authorities are declining to litigate, the US authorities still have a right to try Mr. O’Dwyer in their jurisdiction.

Just How Egregiously Must a Trademark Plaintiff Act Before a Court Awards Attorneys’ Fees to the Defendant?–1-800 Contacts v. Lens.com

Technology & Marketing Law Blog: http://blog.ericgoldman.org/archives/2012/01/its_really_hard.htm
Link to case: http://www.scribd.com/doc/78568762/1-800-Contacts-v-Lens-com-Denial-of-Attorneys-Fees

Section 1117 of the Lanham Act allows for recovery of attorneys’ fees in “exceptional” cases of trademark infringement.  On such case is 1-800 Contacts v. Lens.com. 1-800 Contacts sued their competitor in the Central District of Utah for infringement by competitive keyword advertising.

Kim Kardashian v. The Gap:

Yahoo: http://tv.yahoo.com/news/prepare-for-the-fight–the-gap-vs–kim-kardashian.html
Complaint: http://law.justia.com/cases/federal/district-courts/california/cacdce/2:2011cv05960/507477/1/

A while back, Kim Kardashian filed suit against the Gap, the clothing retail giant which is the parent company of Old Navy, for using a supposed ‘Kim Kardashian look-a-like in one of the Old Navy commercials. Kardashian sued for $20 million claiming that the commercial “created confusion in the marketplace and violated her rights to her name and likeness.”

Now, The Gap is fighting back, arguing that Kardashian’s reputation was not actually damaged by the commercial.

Batmobile Design IS protectable by copyright.  Not a “Useful Article”

Last year, DC Comics, a subsidiary of Warner Bros., sued Mark Towles, who operated a business called “Gotham Garage,” which sold imitation batmobiles. DC, accused Towles of violating its copyright and trademark and confusing the public into thinking that his cars were authorized products.

U.S. District Judge Ronald Lew, rejected Towles’ argument that a BatMobile is a useful article, not protected by copyright.

http://feedproxy.google.com/~r/THREsquire/~3/qchZSWToIFw/dark-knight-rises-batmobile-justin%20bieber-286212

BATMOBILE CASE:  Order denying Defense Motion to Dismiss

Entertainment Law Update is brought to you by Clio, the best way to manage your practice online. Clio allows you to manage your matters, clients, time, bills, trust accounts and more all through a a secure, easy-to-use, web-based interface. For a free 30-day trial and 25% off your first 6 months of Clio, sign up at www.goclio.com and enter promotional code [ENTLAW]” Or, just visit http://entertainmentlawupdate.com/clio

NEW CASES

Songwriter’s estate wants control over ‘Santa Claus is coming to town’
THREsq: http://www.hollywoodreporter.com/thr-esq/songwriters-estate-wants-control-santa-275899
Link to Complaint: http://www.courthousenews.com/2011/12/20/SantaTune.pdf

Veoh is shielded by the safe harbor provisions of the DMCA
THREsq: http://www.hollywoodreporter.com/thr-esq/copyright-case-universal-music-veoh-275779
Link to decision: http://www.scribd.com/fullscreen/76172777

 

TOP 10 STORIES OF 2011

Link to Opinion:http://tinyurl.com/3np2l7t

9. Cariou v. Prince
http://www.scribd.com/doc/51214313/Cariou-v-Richard-Prince
http://nysbar.com/blogs/EASL/2011/03/fair_use_decision.html
http://copyrightlitigation.blogspot.com/2011/03/art-litigation-artist-richard-prince.html

8. Hangover 2
Tattoo Law: Can ‘Hangover 2′ Use Tyson Tattoo on Ed Helms’ Character?
Tyson’s tattoo artist sues to stop ‘Hangover 2′ … claims copyright infringement | Off the Bench
THREsq: http://www.hollywoodreporter.com/thr-esq/man-sues-claiming-hangover-ii-249303
The Guardian: http://www.guardian.co.uk/film/2011/dec/23/louis-vuitton-hangover-part-2?newsfeed=true

7. Wizard of Oz
THREsq: http://www.hollywoodreporter.com/blogs/thr-esq/can-warner-bros-stop-others-162446

6. Betty Boop (Fleischer v. AVELA)
Lexology: http://tinyurl.com/3ttgb2y

5. Brown v. EMA
THREsq: http://www.hollywoodreporter.com/thr-esq/supreme-court-strikes-down-california-205827

4. Tenenbaum (& Jammie Thomas)
THREsq: http://www.hollywoodreporter.com/blogs/thr-esq/music-pirate-argues-67500-penalty-68154

3. Golan v. Holder

2. Righthaven
Lexology: http://tinyurl.com/3e8m2ok
Vegas Inc.: http://www.vegasinc.com/news/2011/oct/21/another-judge-doubtful-righthavens-standing-sue/

1. UMG cases (starting with Eminmen, Rob Zombie, Chuck D)
http://ipandentertainmentlaw.wordpress.com/2011/10/28/george-clinton-v-umg-royalty-disptues-and-more/

NEW FILING

And now in line with the UMG cases, the My Sharona filing:
THREsq: http://www.hollywoodreporter.com/thr-esq/knack-bruce-gary-sister-sues-my-sharona-itunes-amazon-276149

 

Entertainment Law Update is brought to you by Clio, the best way to manage your practice online. Clio allows you to manage your matters, clients, time, bills, trust accounts and more all through a a secure, easy-to-use, web-based interface. For a free 30-day trial and 25% off your first 6 months of Clio, sign up at www.goclio.com and enter promotional code [ENTLAW]” Or, just visit http://entertainmentlawupdate.com/clio

FOLLOW – UPS

Righthaven — almost dead, but not quite
Vegas Inc.: http://www.vegasinc.com/news/2011/oct/21/another-judge-doubtful-righthavens-standing-sue/

Hollywood eyes fate of copyright law (Golan v. Holder update)
THREsq: http://www.hollywoodreporter.com/thr-esq/supreme-court-argument-copyright-public-domain-244528

Link to mp3 of the entire oral argument: http://www.oyez.org/cases/2010-2019/2011/2011_10_545

Public Domain Info Project
http://www.pdinfo.com/

Middle Tennessee State University Center for Popular Music:
http://popmusic.mtsu.edu/

Monroe Publicity Rights 
Law360: http://www.law360.com/ip/articles/276881

George Clinton dispute regarding digital downloads.
http://ipandentertainmentlaw.wordpress.com/2011/10/28/george-clinton-v-umg-royalty-disptues-and-more/

ReDigi – can you legally resell your music?
TechCrunch: http://techcrunch.com/2011/10/14/what-if-you-could-legally-resell-your-digital-music-redigi-may-have-found-the-solution/

Does Warner Bros. Really Have Exclusive Movie Rights to a Story Posted on Reddit?
THREsq: http://www.hollywoodreporter.com/thr-esq/does-warner-bros-have-movie-250726
Can MTV Sue New Jersey For Nixing ‘Jersey Shore’ Tax Credit?
NY Times: http://www.nytimes.com/2011/09/27/nyregion/christie-blocks-tax-credit-for-jersey-shore.html
THR: http://www.hollywoodreporter.com/thr-esq/can-mtv-sue-new-jersey-shore-241609
NJ.com: http://www.nj.com/news/index.ssf/2011/09/gov_christie_vetoes_jersey_sho.html

80’s Hair Band Poison sued for allegedly stealing songs twenty-five years ago
http://www.billboard.biz/bbbiz/industry/legal-and-management/hair-band-war-did-poison-steal-80s-hits-1005429832.story

Could Ben Affleck be liable for The Town-inspired robberies?
FindLaw: http://blogs.findlaw.com
FindLaw: http://writ.news.findlaw.com/hilden/20030602.html

Power Rangers Halloween Costumes – Can They Be Copyrighted?
THREsq: http://www.hollywoodreporter.com/thr-esq/power-rangers-halloween-costumes-morph-254742

‘Hurt Locker’ Case Dismissed on Anti-Slapp motion
THREsq: http://www.hollywoodreporter.com/thr-esq/read-judges-decision-hurt-locker-248276?utm_source=dlvr.it&utm_medium=twitter
Casp.net: http://www.casp.net/california-anti-slapp-first-amendment-law-resources/statutes/

Man claims that The Hangover II was based on his life story
THR: http://www.hollywoodreporter.com/thr-esq/man-sues-claiming-hangover-ii-249303

Quarterback’s suit against EA dismissed
Lexology: http://www.lexology.com

Actress Sues iMDB for revealing age
THREsq: http://www.hollywoodreporter.com/thr-esq/actress-sued-imdb-identity-250664

Entertainment Law Update is brought to you by Clio, the best way to manage your practice online. Clio allows you to manage your matters, clients, time, bills, trust accounts and more all through a a secure, easy-to-use, web-based interface. For a free 30-day trial and 25% off your first 6 months of Clio, sign up at www.goclio.com and enter promotional code [ENTLAW]” Or, just visit http://entertainmentlawupdate.com/clio

Righthaven suffers three strikes in one week
Lexology: http://tinyurl.com/3e8m2okThe cases in question:

Righthaven LLC v. Democratic Underground, LLC, 2011 WL 2378186 (D. Nev. June 14, 2011) (Roger L. Hunt, C.J.);Righthaven LLC v. Hoehn, 2011 WL 2441020 (D. Nev. June 20, 2011) (Philip M. Pro, J.);Righthaven LLC v. DiBiase, Case No. 2:10-cv-01343-RLH-PAL, Order (D. Nev. June 22, 2011) (Roger L. Hunt, C.J.).

Link to Strategic Alliance Agreement.

Disney Appeals $319 Million ‘Millionaire’ Verdict
THREsq: http://www.hollywoodreporter.com/thr-esq/disney-appeals-319-mil-millionaire-216538

Jack Kirby appeals loss in Marvel copyright lawsuit
THREsq: http://www.hollywoodreporter.com/thr-esq/jack-kirby-estate-vows-appeal-216642
http://www.hollywoodreporter.com/thr-esq/jack-kirby-estate-files-appeal-223151

=====================

Feature Stories

Warner Bros. Wins Key Legal Ruling Impacting All ‘Wizard of Oz’ Remakes
THREsq: http://www.hollywoodreporter.com/thr-esq/warner-bros-wins-key-legal-208255
Link to decision: http://www.leagle.com/xmlResult.aspx?xmldoc=In%20FCO%2020110705129.xml&docbase=CSLWAR3-2007-CURR

If you’re interested in reading the entire decision, the case is called Warner Bros. Entertainment, Inc. v.  X One X Productions.

Bleistein v. Donaldson Lithographing Company, 188 U.S. 239 (1903), is a case in which the
U.S. Supreme Court found that advertisements were protected by copyright.

Copyright owners win broader rights for works made abroad Thompson Reuters: http://newsandinsight.thomsonreuters.com/Legal/News/2011/08_-_August/Copyright_owners_win_broader_rights_for_works_made_abroad_-court/

John Wiley & Sons Inc v. Supap Kirtsaeng d/b/a Bluechristine99, U.S. Court of Appeals for the 2nd Circuit, No. 09-4896.

Mine o’ Mine, Inc. v. Calmese

Lexology: http://tinyurl.com/3vydpzz
Decision: http://tinyurl.com/3mkx9qt

Quick Takes

Jury Sides With DreamWorks Animation in ‘Kung Fu Panda’ Case
THREsq: http://www.hollywoodreporter.com/thr-esq/jury-sides-dreamworks-animation-kung-215019

Project Runway Hit With Copyright Lawsuit from Photographer
THREsq: http://www.hollywoodreporter.com/thr-esq/project-runway-hit-copyright-lawsuit-217618

The Wild Lawsuit Against Bravo’s ‘Million Dollar Decorators’
THREsq: http://www.hollywoodreporter.com/thr-esq/wild-lawsuit-bravos-million-dollar-216179

Copyright for All Primates?
Nearby Café: http://nearbycafe.com/artandphoto/photocritic/?p=8129
Art Info: http://www.artinfo.com/news/story/38113/could-the-cindy-sherman-of-monkeys-accidentally-revolutionize-copyright-law-for-artists/

Real World Sued For Failing to Blur Shadow Dancers
THREsq: http://www.hollywoodreporter.com/thr-esq/real-world-sued-failing-blur-220947

A Village Person Test The Copyright Law
NYTimes: http://www.nytimes.com/2011/08/17/arts/music/village-people-singer-claims-rights-to-ymca.html?_r=1

Marlon Brando Estate Sues Over ‘Brando’ Sofas
THREsq: http://www.hollywoodreporter.com/thr-esq/marlon-brando-estate-sues-brando-223596

NEW US CODE SEARCH TOOL  http://uscodebeta.house.gov/

THE FAIR USE CALCULATOR AT HTTP://librarycopyright.net/fairuse

not legal advice, but a useful tool to document your arguments on the 4 factors….

Entertainment Law Update is brought to you by Clio, the best way to manage your practice online. Clio allows you to manage your matters, clients, time, bills, trust accounts and more all through a a secure, easy-to-use, web-based interface. For a free 30-day trial and 25% off your first 6 months of Clio, sign up at www.goclio.com and enter promotional code [ENTLAW]” Or, just visit http://entertainmentlawupdate.com/clio

Entertainment Law Update is brought to you by Clio, the best way to manage your practice online. Clio allows you to manage your matters, clients, time, bills, trust accounts and more all through a a secure, easy-to-use, web-based interface. For a free 30-day trial and 25% off your first 6 months of Clio, sign up at www.goclio.com and enter promotional code [ENTLAW]” Or, just visit http://entertainmentlawupdate.com/clio

Entertainment Law Update is brought to you by Clio, the best way to manage your practice online. Clio allows you to manage your matters, clients, time, bills, trust accounts and more all through a a secure, easy-to-use, web-based interface. For a free 30-day trial and 25% off your first 6 months of Clio, sign up at www.goclio.com and enter promotional code [ENTLAW]” Or, just visit http://entertainmentlawupdate.com/clio

If you like what we do here each time, please do us two favors. Give us a review in the iTunes store, and tell your friends and colleagues about the show.

 

DON’T FORGET YOUR CLE CREDIT.

Entertainment Law Update is brought to you by Clio, the best way to manage your practice online. Clio allows you to manage your matters, clients, time, bills, trust accounts and more all through a a secure, easy-to-use, web-based interface. For a free 30-day trial and 25% off your first 6 months of Clio, sign up at www.goclio.com and enter promotional code [ENTLAW]” Or, just visit http://entertainmentlawupdate.com/clio

Follow Ups

Mass-Suing of Pirates Gets Shot In Arm Thanks to DC Judge

http://feedproxy.google.com/~r/THREsquire/~3/lHlTk3GPBQg/mass-suing-pirates-gets-shot-170403

 

Posting of Entire News Article is Fair Use, Says Judge in Righthaven Copyright Litigation :

• New Media and Technology Law Blog
• http://www.righthavenlawsuits.com/

Supreme Court denies Eminem royalties hearing

Detroit Free Press: http://tinyurl.com/67xgoe9

In the wake of the FBT case…

Rick James Estate Files Class Action Lawsuit Against Universal Music Over Digital Revenue http://www.hollywoodreporter.com/thr-esq/rick-james-estate-files-class-174323

WGA, AMPTP agree on new contract

http://www.variety.com/article/VR1118034164

Jonathan Handel’s article: http://www.reuters.com/article/2011/03/25/industry-us-wga-idUSTRE72O76320110325

Penguin Group (USA) Inc. v. American Buddha

http://www.lexology.com/library/detail.aspx?g=83de5f50-6c55-4747-9758-e4b63774cece

Opinion: http://www.ipinbrief.com/wp-content/uploads/2011/03/district-court-opinion1.pdf

Supreme Court

Golan v. Holder (questioning constitutionality of recapture of copyrights in foreign PD works)

Supreme Court To Hear Challenge To Copyright Term Extension Act With Regard To Foreign Works (Golan v. Holder)

Copyright Take-Backs? Supreme Court Grants Cert in Golan v. Holder

Restoring Copyright to Public Domain Works – Adam Liptak – NYTimes.com

Lexology: http://miniurl.org/7Mk, http://tinyurl.com/49tzkdf

SUMMARY:

The big question: Is Congress free to restore copyright protection to works that had entered the public domain and become public property?

QUICK TAKE

Obama Administration – tough new laws for IP proposed

Hollywood Docket: Obama Administration Proposes Tough New IP Laws

Obama “IP czar” wants felony charges for illegal Web streaming

The White House IP Enforcement Coordinator, Victoria Espinel, has published 20 legislative recommendations to Congress. Some of the relevant recommendations include:

1. Making infringement by streaming, or by means of other similar new technology, a felony. Currently, “reproducing” and “distributing” copyrighted works are felony charges but streaming, which seems more like a “public performance” is not a felony. This legislative change would impose felony charges on streaming pirated works.

2. Giving wiretap authority to the FBI and other federal agencies for intellectual property crimes, particularly criminal copyright and trademark cases.

3. Creating a public performance right for sound recordings transmitted by over-the-air broadcast stations. Currently, radio stations pay songwriters for the music they play but don’t have to pay the bands who recorded the material.

Rights of privacy and publicity

Mich. high court sides with Dr. Dre in spat over concert footage

http://www.firstamendmentcenter.org/news.aspx?id=24008

Bowens v. Ary, Inc. Mi. Supreme Court

SC: 140296 COA: 282711 Wayne CC: 02-233251-CZ

No expectation of privacy when public official is executing the duties of his office.

 

Reality Show did not violate right of publicity of arrestee.

Best v. Berard http://www.lexology.com/library/detail.aspx?g=e28f0e79-6c37-4d0d-b9ce-d3d908b5586a

Decision: http://tinyurl.com/475bbbb

A state agency’s decision to award $1500 each to 23 black moviegoers at “Tyler Perry’s Why Did I Get Married?” is reversed.

http://www.hollywoodreporter.com/blogs/thr-esq/appeals-court-hushing-black-theatergoers-163303

Copyright and other cases

Cariou v. Prince (Art Litigation)

http://www.scribd.com/doc/51214313/Cariou-v-Richard-Prince

http://nysbar.com/blogs/EASL/2011/03/fair_use_decision.html

http://copyrightlitigation.blogspot.com/2011/03/art-litigation-artist-richard-prince.html

In this case, photographer Patrick Cariou claimed that “appropriation” artist Richard Prince infringed Cariou’s copyrighted photographs of Rastafarians in a series of collages and paintings created by Prince and sold by his art dealer (and co-defendant) the Gagosian Gallery. Court finds AGAINST fair use.

Betty Boop (*Fleischer v. A.V.E.L.A.)

Fleischer Studios, Inc. v. A.V.E.L.A., Inc.

Fleischer Studios v. A.V.E.L.A. (Betty Boop case) (A.V.E.L.A = Art & Vintage En tertainment Licensing Agency)

Lexology: http://tinyurl.com/6hy9af2

SUMMARY:

Fleischer studios (merchandise licensor of Boop for use in toys, dolls, etc.) brought action against A.V.E.L.A. (competitor, licenses and uses Boop image on dolls, t-shirts and handbags) alleging copyright and TM infringement in the “Betty Boop” character. A.V.E.L.A. moved for summary judgment (granted). Fleischer appealed district court’s ruling that Fleischer held neither a valid copyright nor a valid TM in the Betty Boop character. Ninth Circuit affirmed.

Can Warner Bros. Stop Others From Using ‘Wizard of Oz’ Characters?

http://www.hollywoodreporter.com/blogs/thr-esq/can-warner-bros-stop-others-162446

Bath & Body Works v. Summit – dispute over “Twilight” line of toiletries

http://www.hollywoodreporter.com/thr-esq/bath-body-works-sues-summit-166019

No Doubt you can sue!

No Doubt v. Activision (No Doubt sues over use of likeness in Band Hero)

Lexology: http://tinyurl.com/6afzxzp

Westlaw: http://tinyurl.com/6yrkbj8

Levi Strauss & Co. v. Abercrombie & Fitch Trading Co.

http://www.lexology.com/library/detail.aspx?g=be1f96e9-1123-426f-a180-7d3c818c539e&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-03-14&utm_term=

This case involves trademark ownership of the stitch design on the back pocket of blue jeans. Specifically, Levi believes that the stitch used on the back pocket for Abercrombie &Fitch blue jeans is too close in design to the stitch used on Levi’s blue jeans.

Limewire damages

http://www.slyck.com/news.php?story=2157

Damages order: http://amlawdaily.typepad.com/limewiredamagesorder.pdf

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