Entertainment Law Update Podcast Episode 019 – Boop Boop Be Doo.




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In this Episode:

  • Follow Ups
  • Penguin Group
  • Golan v. Holder
  • Documentary/Reality and privacy rights
  • Cariou v. Prince
  • Betty Boop
  • and more…

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Show Notes

Follow Ups


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

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


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

Penguin Group (USA) Inc. v. American Buddha


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



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


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


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.


Copyright and other cases


Cariou v. Prince (Art Litigation)




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



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?



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



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.


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


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

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