Copyrights, trademarks, fair use and net profit suits
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.
FOLLOW UPS AND QUICK TAKES
Justin Bieber’s use of Twitter has him in the news again.
Award of Statutory Damages reduced in Tanenbaum case
Kate Plus 8 – issues around kids’ work permits
FCC “fleeting expletives policy ruled unconstitutional
JayZ wins summary judgment against Egyptian plaintiff in song infringement suit.
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
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?
JUST FOR FUN – Schuyler Moore’s guest post for Hollywood Reporter, Esq.
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