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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…
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Bryant/MGA v. Mattel (Bratz dolls)
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
Alien vs Predator infringement plaintiff loses on access AND similarity
Variety takes on The Vandals in Delaware and loses ground… case will move to California
Moral Rights in your backyard?
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
A&E loses appeal of idea theft claim
Comic Book Cases
Stan Lee Media v. Stan Lee
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
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.
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.
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 SongCourt fight brews over use of University of Kentucky’s fight song | Latest Local, State News | Kentucky.com
Compulsory Licenses: the subject of debate by Artists
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)
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.
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