Scalia, Prevailing Parties, Hurt Locker and more.




Antonin Scalia Viewed Hollywood as “Foul-Mouthed Glitteratae,” But Wasn’t Entirely Unfriendly – Hollywood Reporter




ATTORNEYS FEES – Blurred Lines and Kirtsaeng

Robin Thicke’s Attorney Argues $3.5M Fee Award in “Blurred Lines” Case Would Set Bad Precedent – Hollywood Reporter

Supreme Court will address the question.

Is A “Prevailing Party” Really Entitled To Attorneys Fees Under the Copyright Act? SCOTUS To Decide


Hollywood Studios Say No Law Requires Captioning of All Song Lyrics in Movies


Supreme Court Asked to Review Batmobile Copyright Dispute

Recap: 28, 38, 67


Another Actor claiming copyright in performance, this time in NY

(Followup from episode 65)

“For those who followed the legal saga over Innocence of Muslims, specifically actress Cindy Lee Garcia’s attempt to assert a copyright interest in her performance and have a judge wipe the film trailer from YouTube, check out this new lawsuit from Brian McCabe against Entertainment One and Swirl Recording & Film. McCabe says he acted on a program titled Community Service, and that his agreement only gave Swirl the right to air his performance on TV networks, not DVD or online. He’s now alleging that exhibition of the show has violated the copyright to his performance and further constitutes a violation of his right of publicity under New York law. The latter claim is probably doomed (see why here), but the copyright issue could give the New York judge an excuse to adopt or stray from what the 9th Circuit said in the Garcia case. ” So something to watch.


A busy month in the trademark area…

Reacting to The Fine Brothers Trademark on “React”

Ended up backing off:



Real Trademarks in Virtual Game Worlds – VIRAG

Gamasutra – Court rules for Gran Turismo in trademark suit, cites First Amendment


Sports Player Tattoos in Video Games