Entertainment Law Update Podcast Episode 14
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In this Episode:
- follow ups
- Letterman v. Phoenix?
- Naked Cowpersons
- Eminem wins on downloads
- ASCAP Loses on downloads
- MADONNA not the only material girl
- Ivi, Inc. says it doesn't need a license for tv rebroadcasts
- Righthaven: Troll or Defender?
- Vernor v. Autodesk – is the first sale doctrine dead?
GET CLE CREDIT for this episode.
SHOW NOTES
Follow ups
greeting card featured a scene with a caption that read “Paris's First Day as a Waitress” and made a pun on her trademarked catch phrase, “That's Hot.” In 2007, Hilton sued, claiming her publicity rights had been violated.
- Lindsay Lohan Settles “Milkaholic” suit – poll says she’s “too sensitive”http://latimesblogs.latimes.com/gossip/2010/09/lindsay-lohan-etrade-settle-milkaholic-baby-lawsuit-poll.html
- Fox News settles Bernie Madoff footage dispute
(use of footage ran beyond the license term… settled by stipulation, terms not disclosed) - Viacom appeals Google/Youtube ruling not much to say here… we wait and see.
- Judge more than doubles award to Don Johnson in ‘Nash Bridges' lawsuit | L.A. NOW | Los Angeles TimesLast Month, the jury awarded Johnson $23.2 million in profits from the show. The actor contended that he owned half of the show’s copyright but had not been paid his share of the profits.In Wednesday’s ruling, Judge Michael Stern ordered Rysher Entertainment to pay pre-judgment interest to the actor on top of the verdict, bringing the total sum to more than $51 million.
- Celador wins interest award of $50 Million in “Millionaire” case (on a $270 Million damages award)
Stories
Letterman threatens suit against Joaquin Phoenix over use of late show footage in film
Would David Letterman sue Joaquin Phoenix? (video)
SpringBoardMedia: Fair Use, Mockumentary and Letterman
Naked Cowboy vs Naked Cowgirl
Naked Cowgirl trying to invalidate Naked Cowboy trademark
Burck's Trademark registration number 3792432
Trademark Trials and Appeals Blog http://ttablog.com
Eminem Wins lawsuit against label over characterization of downloads
Issue was whether Aftermath’s provision of Eminem’s songs to iTunes was a “sale” or “license” for purposes of a contract drafted in the pre-digital age.
Lexology – The Ninth Circuit's Eminem license vs sale decision
F.B.T. Productions vs. Aftermath Records US 9th Circuit Opinion
2nd Circuit ruled (just yesterday (9/28)) against ASCAP (ASCAP v. YAHOO, et.al.)
upholding a lower court ruling that DOWNLOADS are NOT public Performances
http://www.billboard.biz/bbbiz/content_display/industry/e3i513cc43382b2c2e36cb6ff07e07a902a
Supreme Court to review file-sharing case
Harper v. Maverick Recording Co.
Supreme Court could take its first RIAA file-sharing case
Supreme Court requests response on ‘innocent infringer' cert. petition
Madonna sued
LA Triumph, a clothing manufacturer based in — where else? — Los Angeles, says Madonna’s Material Girl line of clothing for Macy’s breaches its trademark for the name. The company claims it’s owned a brand of clothing called Material Girl since 1997.
Madonna Lawsuit – Material Girl Sued | Styleite
New Live TV Streaming startup Ivi, Inc. relying on interesting copyright provisions to avoid liability
ivi, Inc., has raised $1 million in venture funding with a self-proclaimed “legal strategy” to rebroadcast television online without the permission of broadcasters or content-owners.
The company claims it doesn't need to actually have permission from broadcasters or content owners. Instead, according to an interviewgiven by ivi founder and CEO Todd Weaver to TechFlash, the company “pays the Copyright Office which in turn pays the stations an undisclosed amount to pick up the signal, which it does by either placing a physical encoder device at the station or capturing it from satellite or antennae.”
Complaint for Declaratory Judgment
Start-Up Rides Copyright Gray Area to Offer Live TV Online | TheWrap.com
Watch out, Hulu. Meet the new Napster of television
Title 17, United States Code, Section 111 (deals with liability of cable television systems and exemptions for hotels, homes, and educators)
Righthaven:
Righthaven's Brand of Copyright Trolling | Electronic Frontier Foundation
Las Vegas startup sues websites: copyright trolls and the rise of the internet police
Barratry and Champerty discussed as defenses in Righthaven case
Vernor v. Autodesk
First sale doctrine doesn’t apply where software sold as a license containing restrictions on use and resale.
Vernor v. AUTODESK, INC., 2010
Technology & Marketing Law Blog: Vernor v. Autodesk-…
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