ORLANDO, FLORIDA—ICC Designs, an Orlando-based business that has for over 25 years designed and produced theme park attractions, recently filed suit against New Line Cinema and Universal Orlando for theft of its idea and design for a “Halloween Horror Nights” attraction, featuring New Line characters “Freddy,” “Jason Voorhies” and “Leather Face.”

The lawsuit alleges that ICC approached New Line Cinema in 2005 to develop and produce a series of theme park horror attractions using New Line’s famous horror characters. New Line management responded enthusiastically to ICC’s proposal as no theme park or horror attraction had ever before featured these characters. New Line’s Executive Vice President David Imhoff was quoted in a July 25, 2005, Orlando Sentinel story announcing the ICC and New Line joint venture: “This has never been done before in the Halloween business. There’s going to be a lot of people asking, ‘Why didn’t we think of this?’ ”

It seemed business plans were progressing until just minutes before a November 21, 2006, conference call between ICC and NBC to discuss licensing for Universal Studios, the call was cancelled. In July of 2007, ICC Designs read in industry magazines that Universal Orlando, NBC, and New Line had formed a new partnership to bring three of Hollywood’s scariest characters to Universal’s two resorts, Universal Orlando and Universal Hollywood.
Stay tuned.

Recommended reading for all up-and-coming producers of reality shows, documentary films, and other media featuring real-world situations.

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This week’s topics:

• Borat Cases dismissed.  Court rules releases were valid.

• A short discussion of  “Libel Tourism”, a growing trend of plaintiffs to bring libel cases against U.S. Authors in Britain and other countries where the First Amendment won’t apply… then try to enforce the judgments in the U.S.

• Do I need a license to use a computer-screen-capture in a software training video?

• Is there a difference between the permissions needed for use of video clips vs. stills?

• What kinds of permissions are needed when using clips of old TV shows?

• Explanation of Duration of Copyright…
  • for works created before the 1976 Copyright Act?
  • for works created after 1978?
  • for corporate-authored works?
  • when does the life+70 timeline begin to run when multiple authors of a joint work die at different times?
• What permissions and releases are needed when shooting prison inmates for a promotional video?

• What legal issues are implicated when writing a script based on real events and people?

We record live on Tuesdays at 5pm Pacific, 8pm Eastern.  Visit us at lawandvideo.com  or subscribe using iTunes.

Our Latest episode is now available.

This week’s topics:

•  Discussion of  Lenz v. Universal, in which a Court ruled (preliminarily) that The Fair Use defense  to copyright and DMCA claims DOES apply to a Youtube video featuring a baby dancing with music playing in the background.  Entertainment Lawyers need to pay attention to the judge’s order before issuing Takedown notices and Cease and Desist letters .
•  How can a freelance artist collect unpaid fees/wages for animation services rendered on a major motion picture for a now-defunct, bankrupt, Canadian film production company?
• Must a dance studio remove a video clip from its website when faces of the dancers featured are not visible?  What are the likely financial and legal ramifications of ignoring demand from a parent of one of the dancers?  Should I consult my lawyer?
• Is an unwritten agreement (supported by email correspondence) for a literary agent’s commission enforceable?  Can write terminate now that a script sale is imminent, after 1-1/2 years of inactivity by the agent?
• Wedding Video Company provides faulty equipment to freelance videographer.  Shoot goes bad.  Who’s liable to the Bride?   Should he hire an attorney?
• Are red-light cameras a violation of motorist rights?  Is a ticket from such a camera valid?
• What (if any) permission or licenses are needed when using a character from a famous film in a 3-second video clip?  Do I need an entertainment lawyer to negotiate this for me?

Get your questions answered live on The Law and Video podcast.  Tuesdays at 5pm.

The latest episode of The Law and Video Podcast is now available at http://www.lawandvideo.com.

This week we discussed:

News:  Industry pushes for Copyright Prevention Law tied to college loan funding

• Live Call:  Can I do anything with some old film footage I bought at a garage sale?

Email questions:

•  How do I start an independent record label?
• How do I find and hire an entertainment lawyer?
• What can I show and what can’t I show when making a “Cops” style local TV show.
• Can an adult-video producer require participants to sign a confidentiality agreement? Can it be enforced?
• Blu-Ray licenses required for authoring discs?  DRM and the DMCA.

The Law and Video podcast is a weekly live call-in question-and-answer audio programwhere I answer questions about legal and business issues facing video- and film-makers.

Some server problems have knocked us off the air, and next week, I’ll be in Hawaii.    Once I return, though, we’ll be back in the swing of things with  live calls and emailed Q and A.

Thanks for your patience… and stay tuned!

Yup, another episode of the Law and Video podcast is in-the-can! This week’s legal Q & A session is now available at http://www.lawandvideo.com.

Normally, we record live on Live Tuesdays at 5pm Pacific/8pm Eastern, or download and listen at your convenience. Next week, however, Ive got a date conflict, so the live recording will happen on Monday, January 10 at 5pm Pacific, 8pm Eastern.

This week’s topics:.

• Filming/Videotaping a civil-war reenactment.. can I use the footage in a chamber of commerce video?
• Where does it say that I can’t use the content of my copy of a DVD however I want?
  • I discuss the constitutional basis for copyright, and what copyright law covers.
• Stock Footage house grants an oral license, but won’t issue a written document… what should I do?
• How do I give proper copyright notice, and associate my work with myself/my company?
• What are my responsibilities as an employer? Do I have to pay overtime, etc?
• Child Actor issues – is a studio teacher and an on-set nurse really required?
• What is ” Chain of Title” and how does it work?
• How can I determine who owns a copyright? Where do I look?

This week’s Law and Video podcast is now available at http://www.lawandvideo.com.

Listen Live Tuesdays at 5pm Pacific/8pm Eastern, or download and listen at your convenience.

This week’s topics:

• I’ve got a copyright, what do I need to do to protect it?
  • Statutes of limitations, doctrine of laches
• Director’s former assistant/editor wants credit after termination.
• What licenses are needed for live concert film?
• What copyright and legal protection is there for pornographic, indecent and obscene materials?
• Do I really need a lawyer to shop my demo?
• Credit removed from cable program when sold on DVD.
• Actor’s life-threatening illness prevents performance halfway into production, can the producer sue?

This week’s Law and Video podcast is now available at http://www.lawandvideo.com Listen Live Tuesdays at 5pm Pacific/8pm Eastern, or download and listen at your convenience.This week’s topics:

• City of New York revises permit and insurance requirements for small video productions.
• Credit for video game authorship.
• Use of government forms in instructional videos.
• Former employer’s use of work-product without crediting terminated employee.
• Work-For-Hire when employee’s creative material is outside the course and scope of employment?
• Can a minor and his family avoid or terminate a modeling agent’s contract?
• Is videotape admissible in court if recorded without consent or knowledge of the subject?
• Security/Surveillance camera in the workplace. Is notice to employees and customers required?
• Police officer’s destruction of camera and footage of traffic stop.

Happy Thanksgiving!