Entertainment Law Update Podcast Episode 13

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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