You’re a mean one, Dr. Seuss!
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SHOW NOTES
SCREEN ACTORS GUILD URGES JUDGE TO SAVE AGE-CENSORSHIP LAW TO COMBAT RAMPANT BIAS
SAG-AFTRA is trying to intervene and keep AB1687 (the anti-age disclosure law) alive.
Caption: IMDB.COM,Inc. V. Xavier Becerra.
JX: FEDERAL-Northern District of California
(related parties SAG-AFTRA)
(SAG brief) https://www.documentcloud.org/documents/3960381-Agelaw-Sag.html
(CA’s Brief) https://www.documentcloud.org/documents/3960380-IMDbcom-Becerra.html
(IMDB’s Brief) https://www.documentcloud.org/documents/3960378-IMDB-Sj.html
FOLLOW UP: MONKEY SELFIE SETTLES (KINDA)
The monkey selfie case has reached a settlement. A little background: in probably one of the most unique copyright cases we’ve seen in a while, PETA sued photographer David Slater and his publisher, Blurb, on behalf of Crested Macaque monkey—Naruto—for copyright infringement. In 2011 on a trip to Indonesia, David had taught several monkeys to use his camera to take photos. One of the end results a perfect “selfie” of a grinning monkey, which David published.
The case was dismissed at the district court level in January. After a hearing before the 9th circuit court of appeals in July, where the judges appeared skeptical, the parties have reached a settlement agreement. David Slater has agreed to donate 25 % of future revenue from the monkey selfies to charities that protect the natural habitat of Naruto and his gang.
http://sanfrancisco.cbslocal.com/2017/09/11/peta-settlement-monkey-selfie/
https://www.cbsnews.com/news/monkey-selfie-lawsuit-ends-david-slater-peta-settlement/
http://www.latimes.com/local/lanow/la-me-monkey-selfie-20170911-story.html
https://www.engadget.com/2017/09/11/monkey-selfie-rights-battle-ends-with-settlement/
www.bbc.com/news/uk-wales-south-east-wales-41235131
http://www.hollywoodreporter.com/thr-esq/monkey-selfie-settlement-doesnt-actually-settle-1037930
(Naruto Opposition to Amicus): https://assets.documentcloud.org/documents/4057291/Naruto-Opposition.pdf
Related: http://www.hollywoodreporter.com/thr-esq/artificial-intelligence-ushers-era-music-moneyball-guest-column-1038175
“OH MICKEY” SINGER FILES LAWSUIT FOR RIGHT OF PUBLICITY
Caption: Toni Basil v. New Razor & Tie Enterprises et. al.
JX: California (Superior Court)
Antonia Basitoa, known professionally as Toni Basil and the artist of the song “Mickey” has filed a lawsuit in the Los Angeles Superior Court against Disney, Viacom, VH1, Forever 21, Razor & Tie Direct and others for using her persona, image and voice without permission.
RELATED CASE (Ms. Piggy Lays case):
http://law.justia.com/cases/federal/appellate-courts/F3/251/56/539915/
STEINBECK HEIRS CASE VERDICT
For those that wondered if Estate planning would never come into their entertainment law practice, Steinbeck’s family finally has a verdict entered in favor of the stepdaughter.
Kaffega v. Steinbeck (California)
http://www.entmedialaw.com/edition/daily-defamation-television-2017-08-29?open-article-id=7125544&article-title=john-steinbeck-s-family-tree-dominates-day-one-of-heirs–trial&blog-domain=blogs.com&blog-title=thr–esq–entertainment—media-law-blog
VERDICT: www.hollywoodreporter.com/thr-esq/john-steinbecks-stepdaughter-awarded-13m-by-jury-heirs-fight-1035671:
Also see –
Ray Charles Foundation vs Ray Charles’ Kids
2ND CIRCUIT: GRINCH PLAY PARODY IS FAIR USE
A New York Federal judge ruled that the raunchy play “Who’s Holiday!” is protected by fair use.
Lombardo et al v. Dr. Seuss Enterprises, L.P.
Second District of New York
http://www.lexology.com/library/detail.aspx?g=b79673b6-a22b-452d-a603-badab8bb9c5d
http://morrisonlee.com/judge-declares-grinch-parody-play-is-fair-use
https://www.law360.com/media/articles/964701/raunchy-grinch-play-is-a-fair-use-parody-judge-finds
FACEBOOK TO PAY RECORD COMPANIES (Jackie)
FACEBOOK TO PAY MILLIONS OF DOLLARS TO MUSIC INDUSTRY TO PROTECT USERS FROM COPYRIGHT INFRINGEMENT
Facebook has offered to pay hundreds of millions of dollars in royalty fees to the music industry to protect users from copyrights infringement.
APPELLATE COURT HOLDS THAT ROLLING STONE WILL FACE DEFAMATION LAWSUIT OVER UNIVERSITY OF VIRGINIA RAPE STORY
Ellias v. Rolling Stone LLC et al.
2nd Circuit
The 2nd Circuit holds that Two University of Virginia fraternity members, George Elias and Ross Fowler, have made plausible claims that Rolling Stone’s rape story article was “of and concerning” them and that there is a group defamation theory as well.
GAWKER Bankruptcy Judge: Slapp not viable in Federal Court)
Gawker still isn’t completely dead, as the Bankruptcy court adds on and suggests that Anti-SLAPP cannot save them now. Or anyone for that matter.
In Re: Gawker Media, LLC
US Bankruptcy Court of Southern NY
WE SHALL OVERCOME GOES INTO PUBLIC DOMAIN
We Shall Overcome copyright protection, and bask in the sweet liberty of the public domain. We Shall Overcome has gone into the public domain due to some mishaps and mistakes in getting a derivative work copyright.
We Shall Overcome Foundation & Butler Films LLC v. Richmond Organization
Southern District of NY
FILMCHELLA TRADEMARK LAWSUIT
The Founder of Filmchella— a three day desert film festival— has been sued for trademark infringement by coachella. Last Tuesday, Founder Trevor Simms, who is representing himself, filed an opposition to to Coachella’s preliminary injunction motion.
Coachella Music Festival, LLC and Goldenvoice, LLC v. Robert Trevor Sims
US District Court Central District of California