Call us with your feedback:
(310) 243-6231

In this Episode:

• Political campaigns raise the ire of copyright holders and newscasters
• A Canadian Lawyer’s perspectives
• MegaUpload
• Golan v. Holder  ruling
• Helicopters in video games… need a license?
• and more

GET CLE CREDIT for this episode.

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

Show Notes

Hosts:

Gordon P. Firemark
Website:   http://firemark http://theatrelawyer.com,
Twitter: @gfiremark

Tamera Bennett

Website:   http://createprotect.com
Twitter: @tamerabennett

 

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

Bob Tarantino

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.

 

 

NEWT GINGRICH CAMPAIGN’S MUSIC COPYRIGHT ISSUES

Newt Gingrich’s campaign makes the news twice in a week for claims of copyright infringement of a song.   Rude Music Inc., owned by Frank Sullivan, a co-author of the song “Eye of the Tiger,” filed a copyright infringement lawsuit in federal district court in Chicago for Gingrich’s use of the song on the campaign trail.

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

Call us with your feedback:
(310) 243-6231

In this Episode:

• Political campaigns raise the ire of copyright holders and newscasters
• A Canadian Lawyer’s perspectives
• MegaUpload
• Golan v. Holder  ruling
• Helicopters in video games… need a license?
• and more

GET CLE CREDIT for this episode.

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

Show Notes

Hosts:

Gordon P. Firemark
Website:   http://firemark http://theatrelawyer.com,
Twitter: @gfiremark

Tamera Bennett

Website:   http://createprotect.com
Twitter: @tamerabennett

 

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

Bob Tarantino

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.

 

 

NEWT GINGRICH CAMPAIGN’S MUSIC COPYRIGHT ISSUES

Newt Gingrich’s campaign makes the news twice in a week for claims of copyright infringement of a song.   Rude Music Inc., owned by Frank Sullivan, a co-author of the song “Eye of the Tiger,” filed a copyright infringement lawsuit in federal district court in Chicago for Gingrich’s use of the song on the campaign trail.

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

Call us with your feedback:
(310) 243-6231

In this Episode:

• “Santa Claus Is Coming to town” Copyright termination
• 9th Circuit upholds DMCA Safe Harbor for VEOH
• Our Top Ten Stories of 2011
• Predictions for 2012

GET CLE CREDIT for this episode.

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

Show Notes

Hosts:

Gordon P. Firemark
Website:   http://firemark http://theatrelawyer.com,
Twitter: @gfiremark

Tamera Bennett

Website:   http://createprotect.com
Twitter: @tamerabennett

Call us with your feedback:
(310) 243-6231

In this Episode:

• “Santa Claus Is Coming to town” Copyright termination
• 9th Circuit upholds DMCA Safe Harbor for VEOH
• Our Top Ten Stories of 2011
• Predictions for 2012

GET CLE CREDIT for this episode.

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

Show Notes

Hosts:

Gordon P. Firemark
Website: http://firemark http://theatrelawyer.com,
Twitter: @gfiremark

Tamera Bennett

Website: http://createprotect.com
Twitter: @tamerabennett

Call us with your feedback:
(310) 243-6231

In this Episode:

• PROTECT IP /SOPA
• CROWD FUNDING BILL
• Ghost Hunters – Cert Denied
• Rob Zombie Class Action moves toward class certification
• Viacom/ YouTube case sees extraordinary order
• Grooveshark sued by UMG
• Sound Recording Copyright Terminations begin
• Who owns “La Dolce Vita”
• Does Eastland records have a 50/50 chance in court?
• Car Freshner v. Getty Images – attack of the little trees

GET CLE CREDIT for this episode.

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

Show Notes

Hosts:  

Gordon P. Firemark
Website:   http://firemark http://theatrelawyer.com,
Twitter: @gfiremark

Tamera Bennett

Website:   http://createprotect.com
Twitter: @tamerabennett

Guest:

Peter Kaufman of the Kaufman Entertainment Law Group in Los Angeles joins us in this episode.

Peter practices in the fields of film, television, music and intellectual property.  He is an Arbitrator for the Independent Film and Television Alliance,  and a member of the Academy of Television Arts & Sciences.   He is also a frequent speaker in the United States and abroad including USC’s School of Cinema Arts, CeBit – Germany, the Atlas Film and TV Finance Conference and the Los Angeles County Bar Association’s yearly symposia on entertainment law. Mr. Kaufman is the former chair of the Intellectual Property and Entertainment Law Section of the Los Angeles County Bar Association.

 Read Peter’s blog at http://dealfatigue.com, and follow him on twitter: @dealfatigue.

PENDING LEGISLATION

Ars Technica, Proposed Law: http://static.arstechnica.net/2011/10/26/SOPA.pdf

Public Knowledge: http://www.publicknowledge.org/blog/what-warners-recklessness-says-about-sopa

Warner Bros. response: http://torrentfreak.com/warner-bros-admits-sending-hotfile-false-takedown-requests-111109/

Brief Summary of the Proposed Law

CASES TO WATCH

THR: http://www.hollywoodreporter.com/thr-esq/universal-music-grooveshark-copyright-lawsuit-263714

Digital Music News: http://www.digitalmusicnews.com/permalink/2011/111123grooveshark?utm_source=dlvr.it&utm_medium=twitter

Direct Link to Complaint: http://www.digitalmusicnews.com/uploads/b9/82/b9829ebb37bd5f1a25fc839df6ea6db7/grooveshark.pdf

UMG contends that Grooveshark is a “pirate website” that streams unauthorized copyrighted material to its users (reportedly 600 million minutes a month to 30 million unique users).

The interesting twist in this case is that UMG also accuses Grooveshark employees, by name, including the CEO and other senior executives, of uploading over 113,000 unauthorized songs to the site.

Chart detailing the alleged song uploads by Grooveshark employees -
http://www.digitalmusicnews.com/legal/grooveshark2.jpg

First Sound Recording Copyright Termination Suit Filed

Lommen Abdo: http://www.lommen.com/Firm-News/Legal-Headlines/Termination-of-Copyright-Transfers.aspx

Practice Point: If you have a client who is a legacy songwriter or recording artist and who signed an agreement in 1978 or shortly after, now would be a good time to review those prior agreements and catalogs and serve notices of termination under the U.S. Copyright Act. Failure to do so may result in the loss of valuable reversion rights.

PARAMOUNT SUES FOR OWNERSHIP OF LA DOLCE VITA

THREsq: http://www.hollywoodreporter.com/thr-esq/paramount-sues-fellini-la-dolce-vita-257681

Paramount filed a complaint in California federal court against International Media Films, who also claims to be the valid copyright owner of La Dolce Vita.  Both claim ownership through a convoluted chain of title. The outcome of the Golan v. Holder case might make Paramount’s claim moot. If the Supreme Court restores copyrighted works to the public domain, including La Dolce Vita, then no one actually would have a valid copyright in the film and it would be in the public domain.

MUSIC LABEL SUES DEMANDING ‘50/50’ DISTRIBUTORS CHANGE FILM TITLE

THREsq: http://www.hollywoodreporter.com/thr-esq/50-50-movie-seth-rogen-lawsuit-263572
50/50 TM info: http://www.trademarks411.com/marks/78228773-phifty-50

Eastland Music Group filed the federal lawsuit in Illinois claiming it has been using the 50/50 mark since 2000 in connection with entertainment services and products. As evidence, they point to its website, phifty-50.com (fifty spelled with a “ph”), which currently has a sign post on its front page adorned with “50/50” (fifty slash fifty like the film title).

They are demanding a permanent injunction against use of the title, the destruction of all products where “50-50″ is affixed, and an award of all of the film’s sales and revenues as a result of the alleged infringement.

CAR FRESHNER TRADEMARK INFRINGEMENT CASE:

Lexology: http://www.lexology.com/library/detail.aspx?g=ffd801cb-72c3-49fb-bd23-5ff8df0daf9b

Link to decision: http://www.scribd.com/doc/67629206/Decision-Tree-Freshner-Getty

The Car Freshner Corporation, maker of that tree-shaped, rear-view mirror hanging car air freshener is suing Getty Images for trademark infringement over a number of images in its stock photo inventory that include a tree-shaped air freshener.

Getty filed a motion to dismiss but in late October 2011, the court denied that motion. The opinion reads: “after reviewing the images on Defendants’ website containing the Tree Marks, the Court finds plausible the allegation that a purchaser and/or user of Defendants’ images could be confused as to the source of origin of the images, believing incorrectly that ‘they originate from, are sponsored by, are approved by, or in someway are affiliated with Plaintiffs.’”

NEW FILINGS TO WATCH OUT FOR

Jason Pascal, VP of The Orchard, brought our attention to this complaint,  filed in the SDNY. The former manager of David Bowie, Mick Ronson and others seems to be taking the position that anyone meeting what he deems to be a co-author has a right to non-exclusively license the whole master.  Consequently, via his relationship with the  Ronson estate, he digitally released Pin-Ups by David Bowie, American Fool by John Mellencamp, Bad Company by Bad Company, Transformer by Lou Reed, and several others.  All of these titles had performances by Mick Ronson and the defendant is claiming he is a co-author.  The record labels  finally sued.

TAYMOR v. Eight Legged Productions, LLC

And of course, you can email us.  The address is entertainmentlawupdate@gmail.com. and our listener, voice-feedback phone line is 310-243-6231

Call us with your feedback:
(310) 243-6231

In this Episode:

• Zombie Righthaven
• Golan v. Holder at the USSC
• Marilyn Monroe Right of Publicity?
• ReDigi – digital music first sale doctrine?
• Poison gets sued 25 years after infringement
• Costumes and copyright?
• and more…

GET CLE CREDIT for this episode.

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

Show Notes

Call us with your feedback:
(310) 243-6231

In this Episode:

• Righthaven is wrong… even more
• $10 infringement settlements
• Tenenbaum award reinstated
• Indies sue Limewire
• Betty Boop ruling revised
• Material Girl trademark suit proceeds
• You can’t copyright food

GET CLE CREDIT for this episode.

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

Show Notes

The end of Righthaven?

Wired: http://www.wired.com/threatlevel/2011/09/medianews-righthaven-dumb-idea/?utm_source=twitterfeed&utm_medium=twitter

ArsTechnica: http://arstechnica.com/tech-policy/news/2011/09/righthaven-copyright-suits-tossed-in-colorado-too.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss&utm_source=twitterfeed&utm_medium=twitter

Law firm offers $10 settlements to music copyright infringers

 PaidContent: http://paidcontent.org/article/419-10-settlement-offers-the-entertainment-industrys-new-copyright-tactic/

Court Upholds $675 Judgment Against Joel Tenenbaum

FindLaw: http://blogs.findlaw.com/first_circuit/2011/09/circuit-reinstates-675000-judgment-against-joel-tenenbaum.html?=features

Goldman blog: http://blog.ericgoldman.org/archives/2011/09/1st_circuit_rei.htm

Order: http://docs.docstoc.com/pdf/29137/470628a6-a507-41ce-8cbd-0309210c748e.pdf

Independent Labels Sue LimeWire for their Share of Settlement

Lexology: http://tinyurl.com/695vmhy

Saregamav. Timbaland, etal.CaseNo. 10-10626 (11thCir., March 25, 2011)?

2nd Cir. Will Hear Richard Prince’s Photo Use Appeal

Law360: http://www.law360.com/ip/articles/271962

NYTimes: http://artsbeat.blogs.nytimes.com/2011/09/15/court-allows-richard-prince-to-appeal-copyright-decision/

Betty Boop no longer threat to Detroit Lions, Princeton Tigers, or Yogi Bear — oh my!

Lexology: http://tinyurl.com/3ttgb2y

Opinion: http://www.ca9.uscourts.gov/datastore/opinions/2011/08/19/09-56317.pdf

 ’Cause we are living in a material world! But it doesn’t belong to Madonna!

Lexology: http://www.lexology.com/library/detail.aspx?g=e6c58d7c-83ae-45a3-a353-32f5fa48741e&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-09-20&utm_term=

THREsq: http://www.hollywoodreporter.com/thr-esq/judge-rejects-madonnas-trademark-claim-231562

Ninth Circuit adopts lower court’s use of its own “blades of chaos” to filter out the unprotectable elements of a plaintiff’s copyright infringement claim

Lexology: http://tinyurl.com/4yv68kl

You can’t copyright a bowl of food

 KIM SENG COMPANY v J&A IMPORTERS, INC., ET AL.

 Lexology: http://tinyurl.com/3hgcagh

Decision: http://iplawwatch.foxrothschild.com/uploads/file/seng742.pdf

Cases mentioned:

Feist Publ‘ns, Inc. v. RuralTel. Serv. Co., 499 U.S. 340, 361 (1991).

Satavav. Lowry

LampsPlus, Inc. v. SeattleLightingFixtureCo. I

Quick-Takes

EU Adds 20 years to Music Copyrights

Ars: http://tinyurl.com/4y4lojz

EU Directive: https://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/intm/124570.pdf

New Filings

Deadline’s Parent Company Sues THR’s Parent Company for Copyright Infringement

LA Times: http://latimesblogs.latimes.com/entertainmentnewsbuzz/2011/09/deadline-hollywood-reporter-lawsuit.html

Call us with your feedback:
(310) 243-6231

In this Episode:

• Righthaven is wrong… again, and again, and again….
• Disney Appeals  ”Millionaire” verdict
• Wizard of Oz film characters still protected
• First Sale doesn’t apply to imported goods
• Monkeying around with copyright
• and more…

GET CLE CREDITf or this episode.

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

Show Notes

Follow Ups

Call us with your feedback:
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In this Episode:

• Hangover Tattoo case settled
• Hot News Claim – not so hot
• California Video Game Law unconstitutional
• You don’t mess with the Zohan.. In court, either.
• Photo Credit removal is DMCA breach
• and more…

GET CLE CREDIT for this episode.

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

Show Notes

Warner Bros. Settles ‘Hangover II’ Tattoo Lawsuit

Whitmill v. Warner Bros.THREsq: http://www.hollywoodreporter.com/thr-esq/warner-bros-settles-hangover-ii-203377

.

Second Circuit Finds “Hot News” Misappropriation Claim Preempted By Copyright Act

In Barclay’s Capital Inc. v. TheFlyontheWall.com, Link to decision.

Copyright Litigation Blog: http://copyrightlitigation.blogspot.com/2011/06/reaping-and-sowing-copyrights-second.html

Rebecca Black’s ‘Friday’ Taken Off YouTube

Rebecca Black adv. Ark Music

THREsq: http://www.hollywoodreporter.com/thr-esq/rebecca-blacks-friday-taken-youtube-202893

TMZ: http://www.tmz.com/2011/06/16/rebecca-black-friday-song-youtube-copyright-music-video-official/

Supreme Court Strikes Down California Video Game Law

Brown v. Entertainment Merchants Association,

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

Lexology:

http://www.lexology.com/library/detail.aspx?g=7a61f80f-27f1-4b7f-a2ac-75241356876f&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-07-04&utm_term=

California video game law: http://info.sen.ca.gov/pub/05-06/bill/asm/ab_1151-1200/ab_1179_bill_20051007_chaptered.html

Supreme Court decision: http://www.supremecourt.gov/opinions/10pdf/08-1448.pdf

Is the idea to use a hair dryer as a weapon copyrightable? No, says Second Circuit.

Cabell v. Sony Pictures http://www.scribd.com/doc/58902438/Cabell-v-SONY-Pictures

THREsq: http://www.hollywoodreporter.com/thr-esq/appeals-court-backs-adam-sandler-205956

Shock Jocks’ Photo Credit Edit Breached DMCA: 3rd Circ

Murphy v. Millenium Radio Group, LLC.

Link to decision: http://www.ca3.uscourts.gov/opinarch/102163p.pdf

Law360: http://www.law360.com/ip/articles/251395?utm_source=newsletter&utm_medium=email&utm_campaign=ip

Lexology: http://www.lexology.com/library/detail.aspx?g=9ebcb548-f480-458a-93cb-fd2340d07e18

Songwriter Wins Round in Legal Battle with Summit Over ‘Twilight’ Song

THREsq: http://www.hollywoodreporter.com/thr-esq/songwriter-wins-round-legal-battle-200813

Bridal shop loses trademark rights for naked licensing

Eva’s Bridal Ltd. v. Halanick Enter., Inc., Case No. 10-2863 (7th Cir., May 10, 2011).

Link to decision: http://www.trademarkandcopyrightlawblog.com/uploads/file/Eva.pdf

See also: http://www.lexology.com/library/detail.aspx?g=024256a9-c6b5-4a34-a12a-72a4d5e80aa3&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-06-13&utm_term=

See also, FreecycleSunnyvale v. The Freecycle Network, __ F.3d. __, 2010 WL 4749044, No. 08-16382 (9th Cir. Nov. 24, 2010).  Abandonment of trademark by naked license.

RCFP: http://www.rcfp.org/newsitems/index.php?i=11931

List of Anti Slapp Statutes by State

Call us with your feedback:
(310) 243-6231

In this Episode:

• Bogart and Brando vs. Product Manufacturers
• Tennessee Neftlix Law
• Copyright Office rules on Gap Grants
• Disney and Dish Network duke it out
• One Tough Cookie sues Tough Cookies
• Point Break Parody lawsuit
• “Heart Attack” as a brand?
• and more…

GET CLE CREDIT for this episode.

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

Show Notes

Follow Ups

Copyrights and Wrongs on Tyson tattoo zernerlaw.wordpress.com/2011/05/25/the-hangover-2-tyson-tattoo-lawsuit-and-the-p…

In re NCAA Student-Athlete Name & Likeness Litigation www.lexology.com/library/detail.aspx?g=bd157fb1-657b-4ce9-89c2-39dc86f80668&utm_…

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

District Court Judge Puts Righthaven Cases on Hold     feedproxy.google.com/~r/TechnicallyLegal/~3/3DaWCxr9kcE/

Copyright Preemption: A Royal Pain For Idea Submission Plaintiffs in New York
www.entertainmentlawmatters.com/?p=1739

Also reported at :  Hayden Christensen’s Lawsuit Against USA Tossed Out by Judge – Hollywood Reporter

HUMPHREY BOGART Furniture Settlement

BRANDO SUES HARLEY-DAVIDSON

Link to the Brando boots on Amazon.

(Looks like Harley Davidson has changed the name of the boot to “Smith”… but when you type “Brando boot” into Amazon… it still shows up, along with three other boots using that name….

Legislation and Regulatory

Tennessee Netflix Law: Password Sharing a Crime – Legislation & Policymaking – FindLaw Blotter

Copyright Office Rules on Termination “Gap Grants.”

http://www.copyright.gov/fedreg/2011/76fr32316.pdf
www.copyright.gov

Rulings  & Opinions

Judge Denies Disney’s Motion to Stop Dish From Distributing Movies for Free – Hollywood Reporter www.hollywoodreporter.com/thr-esq/judge-denies-disneys-motion-stop-194695

Disney Surrenders to Navy on ‘SEAL Team 6′ Trademark – Celebrity Intellectual Property – Celebrity Justice blogs.findlaw.com/celebrity_justice/2011/05/disney-surrenders-to-navy-on-seal-te…

http://newsfeed.time.com/2011/05/26/mickey%E2%80%99s-retreat-disney-withdraws-seal-team-six-patent-application.

NY Bakery Owner Sues Scripps Network Over Food Network Show – Hollywood Reporter www.hollywoodreporter.com/thr-esq/ny-bakery-owner-sues-scripps-194704

Who Has the Right to Parody Keanu Reeves’ Work In ‘Point Break’? – Hollywood Reporter www.hollywoodreporter.com/thr-esq/who-has-right-parody-keanu-190657

The case is Keeling v. New Rock Theatre Productions  Opinion is here.

Movie Rights To 30-Year-Old Book at Center of Lawsuit .

Personal Names can be Protected as Trademarks: Just Ask John Elway tcattorney.typepad.com/ip/2011/06/personal-names-can-be-protected-as-trademarks-…

Read more: http://aol.sportingnews.com/nfl/story/2011-05-28/despite-protests-from-john-elway-punk-band-stays-with-name-elway#ixzz1OcA4WI5J

Trademark rights to “heart attack” designation on food menus contested

Read more: http://www.azcentral.com/community/chandler/articles/2011/06/01/20110601chandler-heart-attack-grill-closes0603.html#ixzz1OSsdfSyD

Related articles

• Nothing Like a Brando: Harley-Davidson Sued Over Name of New Line of Boots (jonathanturley.org)
• Harley Davidson Ironhead 1979 to 1983 Laced Rear Wheel Figure (athingforcars.com)
• Harley Davidson Ironhead 1979 to 1983 Cast Rear Wheel Figure (athingforcars.com)
• Harley-Davidson gains big after UBS report (marketwatch.com)
• Shoe Cravings: Motorcycle Boots (beso.com)
• Going Wild: The Motorcycle Diaries (onlineshoes.com)
• Shoe Cravings: Men’s Boots for Spring (beso.com)
• How to sell a Harley-Davidson (hellforleathermagazine.com)
• The Harley-Davidson Scooter (neatorama.com)
• Harley Davidson receives short-term buy from UBS (marketwatch.com)
• American Icons: Willie Nelson, Harley Davidson, and Country Music Throwdown (stillisstillmoving.com)
• The Mouse Takes Bin Laden: Disney Moves To Claim Trademark to “Seal Team Six” (jonathanturley.org)
• Disney abandons plan to trademark “Seal Team 6″ (shortformblog.tumblr.com)
• Disney backs away from ‘SEAL Team 6′ trademark (insidemovies.ew.com)
• Follow Up of the Day: Disney Withdraws SEAL Team 6 Trademark Applications (thedailywh.at)
• UPDATE: Disney Withdraws Application To Trademark “Seal Team 6″ (videogum.com)
• Disney trademarks “Seal Team 6″ (cbsnews.com)
• Disney Retreats… (online.wsj.com)
• “Disney Drops Its Trademark Application For SEAL Team Six” and related posts (warnewsupdates.blogspot.com)

Call us with your feedback:
(310) 243-6231

In this Episode:

• follow ups on Righthaven, Girls Gone Wild,etc.
• Bratz  verdict of $88.5 Million
• Copyright doesn’t pre-empt contract and confidence claims
• Vandals smear Variety
• No moral rights in landscape design?
• Tattoo Law
• and more…

GET CLE CREDIT for this episode.

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

Show Notes

Follow Ups

Girls Gone Wild founder cleared in civil case

Righthaven

Copyright Troll Clobbered: Judge Finds Use of Entire News Article Fair Use

Righthaven and the Case or Controversy Clause

But Your Honor, We Bought The Right To Sue!

Bratz

Mattel, MGA Fight Final Brawl Over Bratz Rights

How the Bratz Verdict May Impact You

Bryant/MGA v. Mattel (Bratz dolls)

Bloomberg: http://tinyurl.com/3pq47kl

LA Times: http://www.latimes.com/business/la-fi-bratz-verdict-20110422,0,6609913.story

In a retrial over who owns the rights to the billion-dollar Bratz doll franchise, a federal jury found that
Mattel misappropriated trade secrets from MGA and owes the company $88.5 million. An 8-person jury
unanimously rejected Mattel’s copyright infringement claims and said that Mattel did not own the rights to the
Bratz dolls, early models or sketches; and said that MGA did not steal trade secrets.ew trial.

9th Circuit rules contract and breach of confidence claims NOT pre-empted by Copyright law

Larry Montz, et al v. Pilgrim Films & Television, In, et al

Alien vs Predator  infringement plaintiff loses on access AND similarity

Muller v. Twentieth Century Fox Film Corp.

Lexology: http://tinyurl.com/44aa6hn

Opinion: http://tinyurl.com/3zqfhbg

Variety takes on The Vandals in Delaware and loses ground… case will move to California

Variety Loses Round One to Punk Band In Album Cover Dispute …

THREsq: http://www.hollywoodreporter.com/thr-esq/variety-loses-round-one-punk-179026

Punk Band Wins Legal Skirmish, Lambastes Plaintiff and Opposing Counsel in
Animated Video

Moral Rights in your backyard?

Landscaper artist’s “rights of integrity” not violated by city trimming his garden

TheSeventh Circuit recently rejected a landscape artist’s claim that his rights of integrity were violated when the city of Chicago altered his artistic garden in Chicago’s Grant Park. The Court held that a garden cannot be copyrighted and thus, an artist cannot successfully claim that his “moral rights” are violated if the garden is altered or destroyed.

Fake Script infringed by blog?

Lionsgate claims that reviewing false script is copyright infringement

http://www.techdirt.com/articles/20110411/03242213846/lionsgate-claims-that-reviewing-fake-script-is-copyright-infringement.shtml

A&E loses appeal of idea theft claim

Appeals
Court Upholds $4M Verdict Against A&E Over ‘Flip This House”

Comic Book Cases

Stan Lee Media v. Stan Lee

http://www.hollywoodreporter.com/thr-esq/stan-lee-fights-legal-war-176918

In the latest news regarding the long-running legal battle between comic book writer/creator Stan Lee and the company that bears his name, Stan Lee Media Inc., a California federal judge will decide whether a trial is necessary to determine who holds the rights to Marvel characters such as Spiderman, the Incredible Hulk, X-Men, Iron Man, the Fantastic Four, and Thor.

Warner Bros./DC Comics and Superman litigation

http://www.hollywoodreporter.com/thr-esq/new-setback-warner-bros-superman-177832

In the latest move in Warner Bros. attempt to hold on to its stake in Superman, a federal judge judge has rejected Warner Bros.’ attempt to gain access to secret document that allegedly show an agreement between the estates of Superman co-creators Joel Shuster and Jerry Siegel not to make further copyright deals with the studio. The documents also allegedly contain a formula for how the two estates will share proceeds on Superman once they successfully terminate Warner Bros.’ rights to the lucrative franchise.

Tattoo Law:

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

A tattoo artist named Victor Whitmill is suing the producers of the film Hangover 2 for copyright infringement.
The work in question is the tattoo Whitmill created on Mike Tyson’s face… it’s sort of a Maori Tribal art kind of thing… and frames Tyson’s left eye.

Tyson appeared in the first movie… Hangover… and in the 2nd movie,  Ed Helms has  a duplicate tattoo on his face.

GLEE plot leaks leads networks to consider NDA language for all contracts.

http://www.hollywoodreporter.com/thr-esq/glee-spoiler-leads-fox-consider-179867

An Extra on the successful musical series revealed the identity of the Prom King and Queen, and there was an uproar… Will day-players and stars alike now have to sign NDA’s?

Kentucky Fight Song

Read more: http://www.kentucky.com/2011/04/26/1718804/court-fight-brews-over-use-of.html#ixzz1M50pA7Nb

Compulsory Licenses:  the subject of debate by Artists

Should Covering Songs Be Illegal? Dr. Luke, Ke$ha, Adam Lambert Weigh In

After PRINCE very publicly denounced the provisions of copyright law that make covering songs possible with a
compulsory license. (section 115). The  Hollywood Reporter asks others for their opinions.

Resource for our listeners (hat-tip to bob Ambrogi)

‘Free Law Reporter’ Puts Searchable Opinions Online

The searchable index of recent federal and state court opinions was developed by the Center for Computer-Assisted Legal Instruction (CALI). It is  an “electronic case reporter” that makes the opinionsb searchable and also provides them as ebook collections. 

Thanks

Call us with your feedback:
(310) 243-6231

In this Episode:

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

GET CLE CREDIT for this episode.

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

Show Notes

Related articles

• Jonathan Handel: WGA Ballots on the Way (huffingtonpost.com)
• Will Golan v. Holder affect the Google Books settlement? (radar.oreilly.com)
• Copyright 2.0 Show – Episode 189 (plagiarismtoday.com)
• Copyright Take-Backs? Supreme Court Grants Cert in Golan v. Holder (ericgoldman.org)

Call us with your feedback:

310-243-6231

In this SPECIAL Episode:

Jonathan Handel talks about the 2007-2009 Hollywood labor strife and his new book on the subject.

BUY THE BOOK

Hollywood on Strike!: An Industry at War in the Internet Age (print)

Hollywood on Strike!: An Industry at War in the Internet Age (kindle)

Call us with your feedback:
(310) 243-6231

In this Episode:

• Follow Ups
• Gaga / Madonna
• Tolkien estate vs. Book Author
• Subway Footlong trademark claims
• King’s Speech/No Animals Harmed
• Superbowl Class Action
• Medical Justice and DMCA for review sites
• Miss San Antonio de-throned, files suit
• and more…

GET CLE CREDIT for this episode.

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

Show Notes

Hendrix / Right of Publicity update – WA law is unconstitutional

When It Comes to the Right of Publicity, Yes, Doubt :: Entertainment Law Blog

Washington State publicity law doesn’t law doesn’t extend to celebrities who die elsewhere – Lexology

Appeals Court Showdown Over Future of Celebrity Images – THR, Esq.
Jimi Hendrix – Dead Celebrity Rights of Publicity Not Resurrected By Washington State Law

Entertainment Law Resources Blog:

Sheppard Fairey settled, but the case goes on.

Copyrights & Campaigns: Court: Merchandising of Shepard Fairey ‘Obama Hope’ image not fair use; factual issues remain on substantial similarity
Anonymous Plaintiffs get to stay that way.
11th Circuit: 2 girls in ‘Wild’ video to remain anonymous
http://www.firstamendmentcenter.org/news.aspx?id=23847

Hurt Locker Producers fight back

Hurt Locker’ Producers Shoot Back at Iraq War Veteran’s Lawsuit – THR, Esq.

Righthaven Appealing Fair-Use Ruling in Copyright Infringement Case

Righthaven – Media Bloggers Association files amicus brief

Righthaven appealing fair-use ruling in copyright infringement case

http://www.lasvegassun.com/news/2011/feb/16/matt-drudge-settles-righthave-copyright-lawsuit-ou/
http://www.lasvegassun.com/news/2011/feb/15/righthaven-appealing-fair-use-ruling-copyright-cas/

Cases and Controversies

Gaga “Born this Way” and Madonna “Express Yourself” Infringement, Permission?
http://www.hollywoodreporter.com/news/lady-gagas-born-way-is-99037
http://www.tmz.com/2011/02/12/madonna-lady-gaga-express-yourself-born-this-way/
http://www.hollywoodreporter.com/news/lady-gaga-madonna-approves-born-99711
http://www.eonline.com/uberblog/marc_malkin/b226590_lady_gaga_did_madonna_really_eggspress.html
http://www.tmz.com/2011/02/12/madonna-lady-gaga-express-yourself-born-this-way/
You can listen to the YouTube Mashup Here
http://www.youtube.com/watch?v=AUDSX9vyG20&NR=1
Lady Gaga’s “Born This Way” a Rip-Off of Madonna’s “Express …
CNN: Did Gaga copy Madonna ?
Pop sensation Lady Gaga latest album is about to “drop” and some say her newest single “Born with Way” bears a striking auditory resemblance to Madonna’s 80s hit “Express Yourself.” Although Lady Gaga’s has been accused of stealing from the Madonna’s style playbook

Tolkien Estate objects to book with Tolkien as a character.

JRR Tolkien Estate Threatens Lawsuit Over Book Featuring Tolkien As Character (Exclusive) – THR, Esq.

Texas Right of Publicity Statute — Texas Property Code Chapter 26

The estate of J.R.R. Tolkien is attempting to prevent an author from publishing a book in which the  “Lord of the Rings” and “Hobbit” author is a character.
Can Subway register “footlong” as a trademark?

Footlong trademark thing

http://www.duetsblog.com/uploads/file/FootlongSubComplaint.pdf

http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77752328

The corporation that owns  sandwich chain Subway sent Casey’s General Store, Inc., a cease-and-desist letter to stop using the word “footlong” in connection with “footlong submarine sandwich,” claiming the word is trademarked. Casey’s General Store filed a declaratory judgement action in Iowa federal court seeking a ruling that the word “footlong” is a generic word and not unique to Subway.

‘The King’s Speech’ Threatened With Legal Action Over ‘No Animals Harmed’ Claim (Updated) – THR, Esq.
The American Humane Association threatened the Weinstein Co. with legal action over the use of the phrase “no animals were harmed” contained in the credits of 2011 Best Picture winner “The King’s Speech.”

NFL’s Attempt to Settle with Angry Fans
http://online.wsj.com/article/SB10001424052748704858404576134183227741352.html
http://www.dallasnews.com/sports/super-bowl/local/20110215-nfl-improves-offer-to-super-bowl-ticket-holders-without-seats.ece
http://www.slate.com/id/2284672/
awsuit filed in Federal Court for the Northern District of Texas

A class-action suit has been filed by ticket-holders denied seating at the 2011 Super Bowl game.

Is copyright law being misused to limit patients’ reviews of doctors and dentists?
http://www.ericgoldman.org/Speeches/houstonmedicaljustice.pdf

Professor Eric Goldman  (Santa Clara University) in a recent speech, raised some real questions about the recent approach of an outfit called “Medical Justice”, which helps doctors and dentists manage their legal liability, and now to control negative consumer reviews.

Does this violate Medical Ethics? (putting Doctor’s financial interests ahead of patient interests)
What’s next?  Should lawyers follow suit in our fee agreements?
Restaurants?
What about Broadway’s recent issue with reviewers ignoring protocol and reviewing Spiderman while it’s still in Previews?  Could we make preview tickets subject to such a clause?

Miss San Antonio Beauty Queen Dispute
Lorena Briseno, as next of friend of Domonique Ramirez v. The Miss Bexar County Organization Inc., 288th District Court, Bexar County, Texas.
http://texaslawyer.typepad.com/texas_lawyer_blog/2011/02/hearing-set-for-wednesday-in-beauty-queen-battle.html
http://docs.google.com/viewer?a=v&q=cache:VG1APbknSRMJ:pdfserver.amlaw.com/tx/ramirez_petition.pdf+Lorena+Briseno,+as+next+of+friend+of+Domonique+Ramirez+v.+The+Miss+Bexar+County+Organization+Inc.&hl=en&gl=us&pid=bl&srcid=ADGEESjDGUpdznBJjzajCWMyQr4G2Jz2VTpEBWy6lclkF39MSpdQ69xj4bmy85z8-CzYhErEsMzctgctsLX8274vapIX5zdwAjiJDDmfBqAQNldfo9Pixt_CcatihJcY6rJbTWIjZnL-&sig=AHIEtbQsLQQGk2NDTQYCG662Qwuolms0uA

Local news clip, Ramirez is interviewed after losing the crown in the February 16th hearing.
http://www.americanconsumernews.com/2011/02/former-miss-san-antonio-still-fighting-for-her-crown.html
What ever happened to the Statute of Limitations?

CBS Sued Over 63-Year-Old Song Used in ‘Family Ties’ – THR, Esq.

This case involves the unauthorized use of a song for a TV show from March 28, 1985. The show was “Family Ties,” and the particular episode in question used the song “We’re the Men of Texaco,” the theme song to Milton Berle’s 1940s variety show “Texaco Star Theatre.”

Maid Sues Best Selling Author  of “The Help”
Black Maid Sues, Says ‘The Help’ is Humiliating
Best-Selling Author of ‘The Help’ Is Sued by Family Maid re …
http://news.findlaw.com/ap_stories/e/1404/02-17-2011/20110217102001_23.html

Call us with your feedback:
(310) 243-6231

In this Episode:

• Zombie Righthaven
• Golan v. Holder at the USSC
• Marilyn Monroe Right of Publicity?
• ReDigi – digital music first sale doctrine?
• Poison gets sued 25 years after infringement
• Costumes and copyright?
• and more…

GET CLE CREDIT for this episode.

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

Show Notes

To listen to this episode, please visit our webpage or subscribe in iTunes or the Android Podcast directory.

Call us with your feedback:
(310) 243-6231

In this Episode:

• Righthaven is wrong… even more
• $10 infringement settlements
• Tenenbaum award reinstated
• Indies sue Limewire
• Betty Boop ruling revised
• Material Girl trademark suit proceeds
• You can’t copyright food

GET CLE CREDIT for this episode.

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

Show Notes

The end of Righthaven?

Wired: http://www.wired.com/threatlevel/2011/09/medianews-righthaven-dumb-idea/?utm_source=twitterfeed&utm_medium=twitter

ArsTechnica: http://arstechnica.com/tech-policy/news/2011/09/righthaven-copyright-suits-tossed-in-colorado-too.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss&utm_source=twitterfeed&utm_medium=twitter

Law firm offers $10 settlements to music copyright infringers

 PaidContent: http://paidcontent.org/article/419-10-settlement-offers-the-entertainment-industrys-new-copyright-tactic/

Court Upholds $675 Judgment Against Joel Tenenbaum

FindLaw: http://blogs.findlaw.com/first_circuit/2011/09/circuit-reinstates-675000-judgment-against-joel-tenenbaum.html?=features

Goldman blog: http://blog.ericgoldman.org/archives/2011/09/1st_circuit_rei.htm

Order: http://docs.docstoc.com/pdf/29137/470628a6-a507-41ce-8cbd-0309210c748e.pdf

Independent Labels Sue LimeWire for their Share of Settlement

Lexology: http://tinyurl.com/695vmhy

Saregamav. Timbaland, etal.CaseNo. 10-10626 (11thCir., March 25, 2011)?

2nd Cir. Will Hear Richard Prince’s Photo Use Appeal

Law360: http://www.law360.com/ip/articles/271962

NYTimes: http://artsbeat.blogs.nytimes.com/2011/09/15/court-allows-richard-prince-to-appeal-copyright-decision/

Betty Boop no longer threat to Detroit Lions, Princeton Tigers, or Yogi Bear — oh my!

Lexology: http://tinyurl.com/3ttgb2y

Opinion: http://www.ca9.uscourts.gov/datastore/opinions/2011/08/19/09-56317.pdf

 ’Cause we are living in a material world! But it doesn’t belong to Madonna!

Lexology: http://www.lexology.com/library/detail.aspx?g=e6c58d7c-83ae-45a3-a353-32f5fa48741e&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-09-20&utm_term=

THREsq: http://www.hollywoodreporter.com/thr-esq/judge-rejects-madonnas-trademark-claim-231562

Ninth Circuit adopts lower court’s use of its own “blades of chaos” to filter out the unprotectable elements of a plaintiff’s copyright infringement claim

Lexology: http://tinyurl.com/4yv68kl

You can’t copyright a bowl of food

 KIM SENG COMPANY v J&A IMPORTERS, INC., ET AL.

 Lexology: http://tinyurl.com/3hgcagh

Decision: http://iplawwatch.foxrothschild.com/uploads/file/seng742.pdf

Cases mentioned:

Feist Publ‘ns, Inc. v. RuralTel. Serv. Co., 499 U.S. 340, 361 (1991).

Satavav. Lowry

LampsPlus, Inc. v. SeattleLightingFixtureCo. I

Quick-Takes

EU Adds 20 years to Music Copyrights

Ars: http://tinyurl.com/4y4lojz

EU Directive: https://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/intm/124570.pdf

New Filings

Deadline’s Parent Company Sues THR’s Parent Company for Copyright Infringement

LA Times: http://latimesblogs.latimes.com/entertainmentnewsbuzz/2011/09/deadline-hollywood-reporter-lawsuit.html

Righthaven is wrong… even more
$10 infringement…

To listen to this episode, please visit our webpage or subscribe in iTunes or the Android Podcast directory.

Call us with your feedback:
(310) 243-6231

In this Episode:

• Righthaven is wrong… again, and again, and again….
• Disney Appeals  ”Millionaire” verdict
• Wizard of Oz film characters still protected
• First Sale doesn’t apply to imported goods
• Monkeying around with copyright
• and more…

GET CLE CREDITf or this episode.

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

Show Notes

Follow Ups

Call us with your feedback:
(310) 243-6231

In this Episode:

• Righthaven is wrong… again, and again, and again….
• Disney Appeals  ”Millionaire” verdict
• Wizard of Oz film characters still protected
• First Sale doesn’t apply to imported goods
• Monkeying around with copyright
• and more…

GET CLE CREDITf or this episode.

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

Show Notes

Follow Ups

Call us with your feedback:
(310) 243-6231

In this Episode:

• Hangover Tattoo case settled
• Hot News Claim – not so hot
• California Video Game Law unconstitutional
• You don’t mess with the Zohan.. In court, either.
• Photo Credit removal is DMCA breach
• and more…

GET CLE CREDIT for this episode.

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

Show Notes

Warner Bros. Settles ‘Hangover II’ Tattoo Lawsuit

Whitmill v. Warner Bros.THREsq: http://www.hollywoodreporter.com/thr-esq/warner-bros-settles-hangover-ii-203377

.

Second Circuit Finds “Hot News” Misappropriation Claim Preempted By Copyright Act

In Barclay’s Capital Inc. v. TheFlyontheWall.com, Link to decision.

Copyright Litigation Blog: http://copyrightlitigation.blogspot.com/2011/06/reaping-and-sowing-copyrights-second.html

Rebecca Black’s ‘Friday’ Taken Off YouTube

Rebecca Black adv. Ark Music

THREsq: http://www.hollywoodreporter.com/thr-esq/rebecca-blacks-friday-taken-youtube-202893

TMZ: http://www.tmz.com/2011/06/16/rebecca-black-friday-song-youtube-copyright-music-video-official/

Supreme Court Strikes Down California Video Game Law

Brown v. Entertainment Merchants Association,

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

Lexology:

http://www.lexology.com/library/detail.aspx?g=7a61f80f-27f1-4b7f-a2ac-75241356876f&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-07-04&utm_term=

California video game law: http://info.sen.ca.gov/pub/05-06/bill/asm/ab_1151-1200/ab_1179_bill_20051007_chaptered.html

Supreme Court decision: http://www.supremecourt.gov/opinions/10pdf/08-1448.pdf

Is the idea to use a hair dryer as a weapon copyrightable? No, says Second Circuit.

Cabell v. Sony Pictures http://www.scribd.com/doc/58902438/Cabell-v-SONY-Pictures

THREsq: http://www.hollywoodreporter.com/thr-esq/appeals-court-backs-adam-sandler-205956

Shock Jocks’ Photo Credit Edit Breached DMCA: 3rd Circ

Murphy v. Millenium Radio Group, LLC.

Link to decision: http://www.ca3.uscourts.gov/opinarch/102163p.pdf

Law360: http://www.law360.com/ip/articles/251395?utm_source=newsletter&utm_medium=email&utm_campaign=ip

Lexology: http://www.lexology.com/library/detail.aspx?g=9ebcb548-f480-458a-93cb-fd2340d07e18

Songwriter Wins Round in Legal Battle with Summit Over ‘Twilight’ Song

THREsq: http://www.hollywoodreporter.com/thr-esq/songwriter-wins-round-legal-battle-200813

Bridal shop loses trademark rights for naked licensing

Eva’s Bridal Ltd. v. Halanick Enter., Inc., Case No. 10-2863 (7th Cir., May 10, 2011).

Link to decision: http://www.trademarkandcopyrightlawblog.com/uploads/file/Eva.pdf

See also: http://www.lexology.com/library/detail.aspx?g=024256a9-c6b5-4a34-a12a-72a4d5e80aa3&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-06-13&utm_term=

See also, FreecycleSunnyvale v. The Freecycle Network, __ F.3d. __, 2010 WL 4749044, No. 08-16382 (9th Cir. Nov. 24, 2010).  Abandonment of trademark by naked license.

RCFP: http://www.rcfp.org/newsitems/index.php?i=11931

List of Anti Slapp Statutes by State

Call us with your feedback:
(310) 243-6231

In this Episode:

• Hangover Tattoo case settled
• Hot News Claim – not so hot
• California Video Game Law unconstitutional
• You don’t mess with the Zohan.. In court, either.
• Photo Credit removal is DMCA breach
• and more…

GET CLE CREDIT for this episode.

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

Show Notes

Warner Bros. Settles ‘Hangover II’ Tattoo Lawsuit

Whitmill v. Warner Bros.THREsq: http://www.hollywoodreporter.com/thr-esq/warner-bros-settles-hangover-ii-203377

.

Second Circuit Finds “Hot News” Misappropriation Claim Preempted By Copyright Act

In Barclay’s Capital Inc. v. TheFlyontheWall.com, Link to decision.

Copyright Litigation Blog: http://copyrightlitigation.blogspot.com/2011/06/reaping-and-sowing-copyrights-second.html

Rebecca Black’s ‘Friday’ Taken Off YouTube

Rebecca Black adv. Ark Music

THREsq: http://www.hollywoodreporter.com/thr-esq/rebecca-blacks-friday-taken-youtube-202893

TMZ: http://www.tmz.com/2011/06/16/rebecca-black-friday-song-youtube-copyright-music-video-official/

Supreme Court Strikes Down California Video Game Law

Brown v. Entertainment Merchants Association,

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

Lexology:

http://www.lexology.com/library/detail.aspx?g=7a61f80f-27f1-4b7f-a2ac-75241356876f&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-07-04&utm_term=

California video game law: http://info.sen.ca.gov/pub/05-06/bill/asm/ab_1151-1200/ab_1179_bill_20051007_chaptered.html

Supreme Court decision: http://www.supremecourt.gov/opinions/10pdf/08-1448.pdf

Is the idea to use a hair dryer as a weapon copyrightable? No, says Second Circuit.

Cabell v. Sony Pictures http://www.scribd.com/doc/58902438/Cabell-v-SONY-Pictures

THREsq: http://www.hollywoodreporter.com/thr-esq/appeals-court-backs-adam-sandler-205956

Shock Jocks’ Photo Credit Edit Breached DMCA: 3rd Circ

Murphy v. Millenium Radio Group, LLC.

Link to decision: http://www.ca3.uscourts.gov/opinarch/102163p.pdf

Law360: http://www.law360.com/ip/articles/251395?utm_source=newsletter&utm_medium=email&utm_campaign=ip

Lexology: http://www.lexology.com/library/detail.aspx?g=9ebcb548-f480-458a-93cb-fd2340d07e18

Songwriter Wins Round in Legal Battle with Summit Over ‘Twilight’ Song

THREsq: http://www.hollywoodreporter.com/thr-esq/songwriter-wins-round-legal-battle-200813

Bridal shop loses trademark rights for naked licensing

Eva’s Bridal Ltd. v. Halanick Enter., Inc., Case No. 10-2863 (7th Cir., May 10, 2011).

Link to decision: http://www.trademarkandcopyrightlawblog.com/uploads/file/Eva.pdf

See also: http://www.lexology.com/library/detail.aspx?g=024256a9-c6b5-4a34-a12a-72a4d5e80aa3&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-06-13&utm_term=

See also, FreecycleSunnyvale v. The Freecycle Network, __ F.3d. __, 2010 WL 4749044, No. 08-16382 (9th Cir. Nov. 24, 2010).  Abandonment of trademark by naked license.

RCFP: http://www.rcfp.org/newsitems/index.php?i=11931

List of Anti Slapp Statutes by State

Call us with your feedback:
(310) 243-6231

In this Episode:

• Bogart and Brando vs. Product Manufacturers
• Tennessee Neftlix Law
• Copyright Office rules on Gap Grants
• Disney and Dish Network duke it out
• One Tough Cookie sues Tough Cookies
• Point Break Parody lawsuit
• “Heart Attack” as a brand?
• and more…

GET CLE CREDIT for this episode.

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

Show Notes

Follow Ups

Copyrights and Wrongs on Tyson tattoo zernerlaw.wordpress.com/2011/05/25/the-hangover-2-tyson-tattoo-lawsuit-and-the-p…

In re NCAA Student-Athlete Name & Likeness Litigation www.lexology.com/library/detail.aspx?g=bd157fb1-657b-4ce9-89c2-39dc86f80668&utm_…

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

District Court Judge Puts Righthaven Cases on Hold feedproxy.google.com/~r/TechnicallyLegal/~3/3DaWCxr9kcE/

Copyright Preemption: A Royal Pain For Idea Submission Plaintiffs in New York
www.entertainmentlawmatters.com/?p=1739

Also reported at : Hayden Christensen’s Lawsuit Against USA Tossed Out by Judge – Hollywood Reporter

HUMPHREY BOGART Furniture Settlement

BRANDO SUES HARLEY-DAVIDSON

Link to the Brando boots on Amazon.

(Looks like Harley Davidson has changed the name of the boot to “Smith”… but when you type “Brando boot” into Amazon… it still shows up, along with three other boots using that name….

Legislation and Regulatory

Tennessee Netflix Law: Password Sharing a Crime – Legislation & Policymaking – FindLaw Blotter

Copyright Office Rules on Termination “Gap Grants.”

http://www.copyright.gov/fedreg/2011/76fr32316.pdf
www.copyright.gov

Rulings & Opinions

Judge Denies Disney’s Motion to Stop Dish From Distributing Movies for Free – Hollywood Reporter www.hollywoodreporter.com/thr-esq/judge-denies-disneys-motion-stop-194695

Disney Surrenders to Navy on ‘SEAL Team 6′ Trademark – Celebrity Intellectual Property – Celebrity Justice blogs.findlaw.com/celebrity_justice/2011/05/disney-surrenders-to-navy-on-seal-te…

http://newsfeed.time.com/2011/05/26/mickey%E2%80%99s-retreat-disney-withdraws-seal-team-six-patent-application.

NY Bakery Owner Sues Scripps Network Over Food Network Show – Hollywood Reporter www.hollywoodreporter.com/thr-esq/ny-bakery-owner-sues-scripps-194704

Who Has the Right to Parody Keanu Reeves’ Work In ‘Point Break’? – Hollywood Reporter www.hollywoodreporter.com/thr-esq/who-has-right-parody-keanu-190657

The case is Keeling v. New Rock Theatre Productions Opinion is here.

Movie Rights To 30-Year-Old Book at Center of Lawsuit .

Personal Names can be Protected as Trademarks: Just Ask John Elway tcattorney.typepad.com/ip/2011/06/personal-names-can-be-protected-as-trademarks-…

Read more: http://aol.sportingnews.com/nfl/story/2011-05-28/despite-protests-from-john-elway-punk-band-stays-with-name-elway#ixzz1OcA4WI5J

Trademark rights to “heart attack” designation on food menus contested

Read more: http://www.azcentral.com/community/chandler/articles/2011/06/01/20110601chandler-heart-attack-grill-closes0603.html#ixzz1OSsdfSyD

Related articles

• Nothing Like a Brando: Harley-Davidson Sued Over Name of New Line of Boots (jonathanturley.org)
• Harley Davidson Ironhead 1979 to 1983 Laced Rear Wheel Figure (athingforcars.com)
• Harley Davidson Ironhead 1979 to 1983 Cast Rear Wheel Figure (athingforcars.com)
• Harley-Davidson gains big after UBS report (marketwatch.com)
• Shoe Cravings: Motorcycle Boots (beso.com)
• Going Wild: The Motorcycle Diaries (onlineshoes.com)
• Shoe Cravings: Men’s Boots for Spring (beso.com)
• How to sell a Harley-Davidson (hellforleathermagazine.com)
• The Harley-Davidson Scooter (neatorama.com)
• Harley Davidson receives short-term buy from UBS (marketwatch.com)
• American Icons: Willie Nelson, Harley Davidson, and Country Music Throwdown (stillisstillmoving.com)
• The Mouse Takes Bin Laden: Disney Moves To Claim Trademark to “Seal Team Six” (jonathanturley.org)
• Disney abandons plan to trademark “Seal Team 6″ (shortformblog.tumblr.com)
• Disney backs away from ‘SEAL Team 6′ trademark (insidemovies.ew.com)
• Follow Up of the Day: Disney Withdraws SEAL Team 6 Trademark Applications (thedailywh.at)
• UPDATE: Disney Withdraws Application To Trademark “Seal Team 6″ (videogum.com)
• Disney trademarks “Seal Team 6″ (cbsnews.com)
• Disney Retreats… (online.wsj.com)
• “Disney Drops Its Trademark Application For SEAL Team Six” and related posts (warnewsupdates.blogspot.com)

Call us with your feedback:
(310) 243-6231

In this Episode:

• Bogart and Brando vs. Product Manufacturers
• Tennessee Neftlix Law
• Copyright Office rules on Gap Grants
• Disney and Dish Network duke it out
• One Tough Cookie sues Tough Cookies
• Point Break Parody lawsuit
• “Heart Attack” as a brand?
• and more…

GET CLE CREDIT for this episode.

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

Show Notes

Follow Ups

Copyrights and Wrongs on Tyson tattoo zernerlaw.wordpress.com/2011/05/25/the-hangover-2-tyson-tattoo-lawsuit-and-the-p…

In re NCAA Student-Athlete Name & Likeness Litigation www.lexology.com/library/detail.aspx?g=bd157fb1-657b-4ce9-89c2-39dc86f80668&utm_…

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

District Court Judge Puts Righthaven Cases on Hold     feedproxy.google.com/~r/TechnicallyLegal/~3/3DaWCxr9kcE/

Copyright Preemption: A Royal Pain For Idea Submission Plaintiffs in New York
www.entertainmentlawmatters.com/?p=1739

Also reported at :  Hayden Christensen’s Lawsuit Against USA Tossed Out by Judge – Hollywood Reporter

HUMPHREY BOGART Furniture Settlement

BRANDO SUES HARLEY-DAVIDSON

Link to the Brando boots on Amazon.

(Looks like Harley Davidson has changed the name of the boot to “Smith”… but when you type “Brando boot” into Amazon… it still shows up, along with three other boots using that name….

Legislation and Regulatory

Tennessee Netflix Law: Password Sharing a Crime – Legislation & Policymaking – FindLaw Blotter

Copyright Office Rules on Termination “Gap Grants.”

http://www.copyright.gov/fedreg/2011/76fr32316.pdf
www.copyright.gov

Rulings  & Opinions

Judge Denies Disney’s Motion to Stop Dish From Distributing Movies for Free – Hollywood Reporter www.hollywoodreporter.com/thr-esq/judge-denies-disneys-motion-stop-194695

Disney Surrenders to Navy on ‘SEAL Team 6′ Trademark – Celebrity Intellectual Property – Celebrity Justice blogs.findlaw.com/celebrity_justice/2011/05/disney-surrenders-to-navy-on-seal-te…

http://newsfeed.time.com/2011/05/26/mickey%E2%80%99s-retreat-disney-withdraws-seal-team-six-patent-application.

NY Bakery Owner Sues Scripps Network Over Food Network Show – Hollywood Reporter www.hollywoodreporter.com/thr-esq/ny-bakery-owner-sues-scripps-194704

Who Has the Right to Parody Keanu Reeves’ Work In ‘Point Break’? – Hollywood Reporter www.hollywoodreporter.com/thr-esq/who-has-right-parody-keanu-190657

The case is Keeling v. New Rock Theatre Productions  Opinion is here.

Movie Rights To 30-Year-Old Book at Center of Lawsuit .

Personal Names can be Protected as Trademarks: Just Ask John Elway tcattorney.typepad.com/ip/2011/06/personal-names-can-be-protected-as-trademarks-…

Read more: http://aol.sportingnews.com/nfl/story/2011-05-28/despite-protests-from-john-elway-punk-band-stays-with-name-elway#ixzz1OcA4WI5J

Trademark rights to “heart attack” designation on food menus contested

Read more: http://www.azcentral.com/community/chandler/articles/2011/06/01/20110601chandler-heart-attack-grill-closes0603.html#ixzz1OSsdfSyD

Related articles

• Nothing Like a Brando: Harley-Davidson Sued Over Name of New Line of Boots (jonathanturley.org)
• Harley Davidson Ironhead 1979 to 1983 Laced Rear Wheel Figure (athingforcars.com)
• Harley Davidson Ironhead 1979 to 1983 Cast Rear Wheel Figure (athingforcars.com)
• Harley-Davidson gains big after UBS report (marketwatch.com)
• Shoe Cravings: Motorcycle Boots (beso.com)
• Going Wild: The Motorcycle Diaries (onlineshoes.com)
• Shoe Cravings: Men’s Boots for Spring (beso.com)
• How to sell a Harley-Davidson (hellforleathermagazine.com)
• The Harley-Davidson Scooter (neatorama.com)
• Harley Davidson receives short-term buy from UBS (marketwatch.com)
• American Icons: Willie Nelson, Harley Davidson, and Country Music Throwdown (stillisstillmoving.com)
• The Mouse Takes Bin Laden: Disney Moves To Claim Trademark to “Seal Team Six” (jonathanturley.org)
• Disney abandons plan to trademark “Seal Team 6″ (shortformblog.tumblr.com)
• Disney backs away from ‘SEAL Team 6′ trademark (insidemovies.ew.com)
• Follow Up of the Day: Disney Withdraws SEAL Team 6 Trademark Applications (thedailywh.at)
• UPDATE: Disney Withdraws Application To Trademark “Seal Team 6″ (videogum.com)
• Disney trademarks “Seal Team 6″ (cbsnews.com)
• Disney Retreats… (online.wsj.com)
• “Disney Drops Its Trademark Application For SEAL Team Six” and related posts (warnewsupdates.blogspot.com)

Call us with your feedback:
(310) 243-6231

In this Episode:

• follow ups on Righthaven, Girls Gone Wild,etc.
• Bratz  verdict of $88.5 Million
• Copyright doesn’t pre-empt contract and confidence claims
• Vandals smear Variety
• No moral rights in landscape design?
• Tattoo Law
• and more…

GET CLE CREDIT for this episode.

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

Show Notes

Follow Ups

Girls Gone Wild founder cleared in civil case

Righthaven

Copyright Troll Clobbered: Judge Finds Use of Entire News Article Fair Use

Righthaven and the Case or Controversy Clause

But Your Honor, We Bought The Right To Sue!

Bratz

Mattel, MGA Fight Final Brawl Over Bratz Rights

How the Bratz Verdict May Impact You

Bryant/MGA v. Mattel (Bratz dolls)

Bloomberg: http://tinyurl.com/3pq47kl

LA Times: http://www.latimes.com/business/la-fi-bratz-verdict-20110422,0,6609913.story

In a retrial over who owns the rights to the billion-dollar Bratz doll franchise, a federal jury found that
Mattel misappropriated trade secrets from MGA and owes the company $88.5 million. An 8-person jury
unanimously rejected Mattel’s copyright infringement claims and said that Mattel did not own the rights to the
Bratz dolls, early models or sketches; and said that MGA did not steal trade secrets.ew trial.

9th Circuit rules contract and breach of confidence claims NOT pre-empted by Copyright law

Larry Montz, et al v. Pilgrim Films & Television, In, et al

Alien vs Predator  infringement plaintiff loses on access AND similarity

Muller v. Twentieth Century Fox Film Corp.

Lexology: http://tinyurl.com/44aa6hn

Opinion: http://tinyurl.com/3zqfhbg

Variety takes on The Vandals in Delaware and loses ground… case will move to California

Variety Loses Round One to Punk Band In Album Cover Dispute …

THREsq: http://www.hollywoodreporter.com/thr-esq/variety-loses-round-one-punk-179026

Punk Band Wins Legal Skirmish, Lambastes Plaintiff and Opposing Counsel in
Animated Video

Moral Rights in your backyard?

Landscaper artist’s “rights of integrity” not violated by city trimming his garden

TheSeventh Circuit recently rejected a landscape artist’s claim that his rights of integrity were violated when the city of Chicago altered his artistic garden in Chicago’s Grant Park. The Court held that a garden cannot be copyrighted and thus, an artist cannot successfully claim that his “moral rights” are violated if the garden is altered or destroyed.

Fake Script infringed by blog?

Lionsgate claims that reviewing false script is copyright infringement

http://www.techdirt.com/articles/20110411/03242213846/lionsgate-claims-that-reviewing-fake-script-is-copyright-infringement.shtml

A&E loses appeal of idea theft claim

Appeals
Court Upholds $4M Verdict Against A&E Over ‘Flip This House”

Comic Book Cases

Stan Lee Media v. Stan Lee

http://www.hollywoodreporter.com/thr-esq/stan-lee-fights-legal-war-176918

In the latest news regarding the long-running legal battle between comic book writer/creator Stan Lee and the company that bears his name, Stan Lee Media Inc., a California federal judge will decide whether a trial is necessary to determine who holds the rights to Marvel characters such as Spiderman, the Incredible Hulk, X-Men, Iron Man, the Fantastic Four, and Thor.

Warner Bros./DC Comics and Superman litigation

http://www.hollywoodreporter.com/thr-esq/new-setback-warner-bros-superman-177832

In the latest move in Warner Bros. attempt to hold on to its stake in Superman, a federal judge judge has rejected Warner Bros.’ attempt to gain access to secret document that allegedly show an agreement between the estates of Superman co-creators Joel Shuster and Jerry Siegel not to make further copyright deals with the studio. The documents also allegedly contain a formula for how the two estates will share proceeds on Superman once they successfully terminate Warner Bros.’ rights to the lucrative franchise.

Tattoo Law:

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

A tattoo artist named Victor Whitmill is suing the producers of the film Hangover 2 for copyright infringement.
The work in question is the tattoo Whitmill created on Mike Tyson’s face… it’s sort of a Maori Tribal art kind of thing… and frames Tyson’s left eye.

Tyson appeared in the first movie… Hangover… and in the 2nd movie,  Ed Helms has  a duplicate tattoo on his face.

GLEE plot leaks leads networks to consider NDA language for all contracts.

http://www.hollywoodreporter.com/thr-esq/glee-spoiler-leads-fox-consider-179867

An Extra on the successful musical series revealed the identity of the Prom King and Queen, and there was an uproar… Will day-players and stars alike now have to sign NDA’s?

Kentucky Fight Song

Read more: http://www.kentucky.com/2011/04/26/1718804/court-fight-brews-over-use-of.html#ixzz1M50pA7Nb

Compulsory Licenses:  the subject of debate by Artists

Should Covering Songs Be Illegal? Dr. Luke, Ke$ha, Adam Lambert Weigh In

After PRINCE very publicly denounced the provisions of copyright law that make covering songs possible with a
compulsory license. (section 115). The  Hollywood Reporter asks others for their opinions.

Resource for our listeners (hat-tip to bob Ambrogi)

‘Free Law Reporter’ Puts Searchable Opinions Online

The searchable index of recent federal and state court opinions was developed by the Center for Computer-Assisted Legal Instruction (CALI). It is  an “electronic case reporter” that makes the opinionsb searchable and also provides them as ebook collections. 

Thanks

Call us with your feedback:
(310) 243-6231

In this Episode:

• follow ups on Righthaven, Girls Gone Wild,etc.
• Bratz  verdict of $88.5 Million
• Copyright doesn’t pre-empt contract and confidence claims
• Vandals smear Variety
• No moral rights in landscape design?
• Tattoo Law
• and more…

GET CLE CREDIT for this episode.

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

Show Notes

Follow Ups

Girls Gone Wild founder cleared in civil case

Righthaven

Copyright Troll Clobbered: Judge Finds Use of Entire News Article Fair Use

Righthaven and the Case or Controversy Clause

But Your Honor, We Bought The Right To Sue!

Bratz

Mattel, MGA Fight Final Brawl Over Bratz Rights

How the Bratz Verdict May Impact You

Bryant/MGA v. Mattel (Bratz dolls)

Bloomberg: http://tinyurl.com/3pq47kl

LA Times: http://www.latimes.com/business/la-fi-bratz-verdict-20110422,0,6609913.story

In a retrial over who owns the rights to the billion-dollar Bratz doll franchise, a federal jury found that
Mattel misappropriated trade secrets from MGA and owes the company $88.5 million. An 8-person jury
unanimously rejected Mattel’s copyright infringement claims and said that Mattel did not own the rights to the
Bratz dolls, early models or sketches; and said that MGA did not steal trade secrets.ew trial.

9th Circuit rules contract and breach of confidence claims NOT pre-empted by Copyright law

Larry Montz, et al v. Pilgrim Films & Television, In, et al

Alien vs Predator  infringement plaintiff loses on access AND similarity

Muller v. Twentieth Century Fox Film Corp.

Lexology: http://tinyurl.com/44aa6hn

Opinion: http://tinyurl.com/3zqfhbg

Variety takes on The Vandals in Delaware and loses ground… case will move to California

Variety Loses Round One to Punk Band In Album Cover Dispute …

THREsq: http://www.hollywoodreporter.com/thr-esq/variety-loses-round-one-punk-179026

Punk Band Wins Legal Skirmish, Lambastes Plaintiff and Opposing Counsel in
Animated Video

Moral Rights in your backyard?

Landscaper artist’s “rights of integrity” not violated by city trimming his garden

TheSeventh Circuit recently rejected a landscape artist’s claim that his rights of integrity were violated when the city of Chicago altered his artistic garden in Chicago’s Grant Park. The Court held that a garden cannot be copyrighted and thus, an artist cannot successfully claim that his “moral rights” are violated if the garden is altered or destroyed.

Fake Script infringed by blog?

Lionsgate claims that reviewing false script is copyright infringement

http://www.techdirt.com/articles/20110411/03242213846/lionsgate-claims-that-reviewing-fake-script-is-copyright-infringement.shtml

A&E loses appeal of idea theft claim

Appeals
Court Upholds $4M Verdict Against A&E Over ‘Flip This House”

Comic Book Cases

Stan Lee Media v. Stan Lee

http://www.hollywoodreporter.com/thr-esq/stan-lee-fights-legal-war-176918

In the latest news regarding the long-running legal battle between comic book writer/creator Stan Lee and the company that bears his name, Stan Lee Media Inc., a California federal judge will decide whether a trial is necessary to determine who holds the rights to Marvel characters such as Spiderman, the Incredible Hulk, X-Men, Iron Man, the Fantastic Four, and Thor.

Warner Bros./DC Comics and Superman litigation

http://www.hollywoodreporter.com/thr-esq/new-setback-warner-bros-superman-177832

In the latest move in Warner Bros. attempt to hold on to its stake in Superman, a federal judge judge has rejected Warner Bros.’ attempt to gain access to secret document that allegedly show an agreement between the estates of Superman co-creators Joel Shuster and Jerry Siegel not to make further copyright deals with the studio. The documents also allegedly contain a formula for how the two estates will share proceeds on Superman once they successfully terminate Warner Bros.’ rights to the lucrative franchise.

Tattoo Law:

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

A tattoo artist named Victor Whitmill is suing the producers of the film Hangover 2 for copyright infringement.
The work in question is the tattoo Whitmill created on Mike Tyson’s face… it’s sort of a Maori Tribal art kind of thing… and frames Tyson’s left eye.

Tyson appeared in the first movie… Hangover… and in the 2nd movie,  Ed Helms has  a duplicate tattoo on his face.

GLEE plot leaks leads networks to consider NDA language for all contracts.

http://www.hollywoodreporter.com/thr-esq/glee-spoiler-leads-fox-consider-179867

An Extra on the successful musical series revealed the identity of the Prom King and Queen, and there was an uproar… Will day-players and stars alike now have to sign NDA’s?

Kentucky Fight Song

Read more: http://www.kentucky.com/2011/04/26/1718804/court-fight-brews-over-use-of.html#ixzz1M50pA7Nb

Compulsory Licenses:  the subject of debate by Artists

Should Covering Songs Be Illegal? Dr. Luke, Ke$ha, Adam Lambert Weigh In

After PRINCE very publicly denounced the provisions of copyright law that make covering songs possible with a
compulsory license. (section 115). The  Hollywood Reporter asks others for their opinions.

Resource for our listeners (hat-tip to bob Ambrogi)

‘Free Law Reporter’ Puts Searchable Opinions Online

The searchable index of recent federal and state court opinions was developed by the Center for Computer-Assisted Legal Instruction (CALI). It is  an “electronic case reporter” that makes the opinionsb searchable and also provides them as ebook collections. 

Thanks

Call us with your feedback:
(310) 243-6231

In this Episode:

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

GET CLE CREDIT for this episode.

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

Show Notes

Related articles

• Jonathan Handel: WGA Ballots on the Way (huffingtonpost.com)
• Will Golan v. Holder affect the Google Books settlement? (radar.oreilly.com)
• Copyright 2.0 Show – Episode 189 (plagiarismtoday.com)
• Copyright Take-Backs? Supreme Court Grants Cert in Golan v. Holder (ericgoldman.org)

Call us with your feedback:
(310) 243-6231

In this Episode:

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

GET CLE CREDIT for this episode.

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

Show Notes