Episode 83 – Down a dark desert highway

Enrico Schaefer, Esq. is a Unmanneed Aerial Systems pilot and technology lawyer at TraverseLegal in Traverse City, Michigan. He has been a UAS enthusiast for years, and has completed a number of advanced UAS classes in the UAS program at Northwestern Michigan College. Enrico is considered one of the top Section 333 and UAV attorneys in the country, representing Fortune 100 and start-up companies on drone law and Section 333 issues. He is the author of many articles concerning FAA drone regulations, Section 333 exemptions and FAA compliance, many of which can be found here at DroneLaw.pro. Enrico has been a speaker at the International Drone Conference on its insurance panel and has had numerous media appearances ranging from MITech News, Robotics Business Review, Internet Advisor Podcast and The Steve Gruber Show (1240 WJIM Radio), WJR Radio (Detroit), DroneLife.com and “That Drone Show.”

Some basic takeaways:

A checklist for compliance with Drone FAA regs (and some common sense)

N.B.- The checklist doesn’t cover everything, but is a good place to start. Please review all FAA rules and regulations on commercial operation for drones:

Maintain a valid Unmanned Aircraft System (sUAS) Registration with the FAA;
Drone is physically marked with the sUAS registration number (N-number);
Comply with all rules, regulations, and applicable laws whether local, state, or federal for the operation of an Unmanned Aircraft System;
Secure an approved FAA Exemption under Section 333 (it could be months or longer before the new Part 107 (which will replace Section 333 is approved and implemented);

Airworthiness certification from the FAA for the drone;
Fly the drone below 400 feet and remain clear of surrounding obstacles;
Keep the drone within visual line of sight at all times;
Remain well clear of and do not interfere with manned aircraft operations;
Do not not fly within 5 miles of an airport;
Do not fly near people or stadiums (500 feet or the equivalent to a city block away from people or structures);
Do not fly a drone that weighs more than 55 pounds;
Do not fly at night;
The operator of the drone holds a valid airline transport, commercial, private, recreational, or sport pilot certificate;
Operator of drone will not be negligent, careless, or reckless in the operation of the drone;
Confirm there are no airspace restrictions where the drone will be flown;
Maintain a commercial drone liability insurance policy (this will most likely be a rider to a commercial insurance policy).

Filming With Drones Raises Safety Concerns in Hollywood – Variety

https://apple.news/AVj_pU60nNtqLTiEw-ft03w

Drone rules: Everything you need to know to fly domestic drones legally – The Independent

https://apple.news/AKQtu6hjpMEOEKuKJODY5YQ

Filmmakers Seek Looser Drone Regulatory Rules – The Hollywood Reporter

https://apple.news/AYbOMQiSmTISlgIjmCP2uzA

Disneyland is in fact seeking an exemption from the FAA to allow use of drones in its fireworks display…

http://m.ocregister.com/articles/disney-699452-drones-use.html http://m.ocregister.com/articles/disney-632730-drones-use.html

Other Resources

http://dronelawjournal.com/
http://dronelaw.net/post/134373918057/sources-in-drone-law
http://dronelegalservices.com/

Prince’s death; Review of his legal influences

http://biedermanblog.com/music/rip-to-a-celebrated-force-in-entertainment-law/

http://www.hollywoodreporter.com/thr-esq/princes-legal-legacy-contract-fights-886521

http://www.newsweek.com/debbie-harry-ceelo-green-and-tony-bennett-battle-youtube-prince-videos-start-455671?piano_d=1

Tamera Bennett interviewed on Prince estate and right of publicity

Prince died with no will – an interesting wrinkle

http://www.hollywoodreporter.com/thr-esq/princes-estate-no-will-could-887717

Minnesota Lawmaker wants a “Prince Act”

http://www.hollywoodreporter.com/thr-esq/minnesota-lawmaker-proposes-prince-act-892154

https://www.revisor.mn.gov/bills/text.php?number=SF3609&session=ls89&session_year=2016&session_number=0&version=latest

Tupac’s estate will continue to honor the artists mother’s wishes following her death

http://www.billboard.com/biz/articles/news/legal-and-management/7356896/tupacs-estate-after-his-mothers-death-wishes-will-be

Michael Jackson Estate Faces Billion-Dollar Tax Court Battle

http://www.hollywoodreporter.com/thr-esq/what-is-michael-jacksons-image-884963

Supreme Court Ends 11-Year Copyright Challenge to Google Books

http://www.billboard.com/biz/articles/news/legal-and-management/7340672/supreme-court-ends-11-year-copyright-challenge-to

Congress Passes Sweeping New Legislation To Protect Trade Secrets

http://www.trademarkandcopyrightlawblog.com/2016/05/congress-passes-sweeping-new-legislation-to-protect-trade-secrets/

Mayor Butts Returns: California Passes New Copyright Legislation

Electronic Frontier Foundation material:

https://www.eff.org/deeplinks/2016/04/ab-2880

The Bill itself:

http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_2851-2900/ab_2880_bill_20160315_amended_asm_v98.pdf

CALL TO ACTION: Contact your legislators about this!

Buck Rogers, Darfour Refugees, Thai Math Professors and more – Entertainment Law Update Podcast 73

Posted on April 20, 2016 by Gordon Firemark

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[TheChamp-Sharing]

SHOW NOTES

Judge Rejects Film Producer’s Bid to Have Buck Rogers Character Declared in Public Domain

http://www.hollywoodreporter.com/thr-esq/judge-rejects-film-producers-bid-877683

Judge Lets 54 Sudanese Refugees Pursue Copyright and Fraud Claims Over Reese Witherspoon Film

http://www.hollywoodreporter.com/thr-esq/judge-lets-54-sudanese-refugees-878021

Judge Doesn’t Want Google to Google the Favorite Books and Songs of Potential Jurors

http://www.hollywoodreporter.com/thr-esq/judge-doesnt-want-google-google-878548

Judge Knocks Out Key Claim in ‘Straight Outta Compton’ Lawsuit

http://www.hollywoodreporter.com/thr-esq/judge-knocks-key-claim-straight-879604

→ The Court order: https://www.documentcloud.org/documents/2780934-Compton.html

Serial Trademark Denied

http://www.broadcastlawblog.com/2016/04/articles/serial-trademark-denied-should-one-of-the-most-popular-podcasts-ever-be-able-to-protect-its-name/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+BroadcastLawBlog+%28Broadcast+Law+Blog%29

EU Stories

Photos of artwork on Wikimedia

http://www.theguardian.com/world/2016/apr/05/wikimedias-free-photo-database-of-artworks-violates-copyright-court-rules

http://blog.wikimedia.org/2016/04/04/strike-against-freedom-panorama/ (wikimedia’s statement on the matter)

https://wikimediafoundation.org/w/index.php?title=File:TheSwedishSupremeCourtsDecisionBUSvWikimediaFINAL-English_Translation.pdf&page=2 (the ruling)

EU attorney says Playboy links shouldn’t be infringing?

http://fortune.com/2016/04/07/copyright-links-eu/

http://curia.europa.eu/jcms/upload/docs/application/pdf/2016-04/cp160037en.pdf (the opinion)

Kirtsaeng – Thai math prof whose copyright case is headed for SCOTUS – again

http://blogs.reuters.com/alison-frankel/2016/04/11/meet-the-thai-math-prof-whose-copyright-case-is-headed-for-scotus-again/

Consent Decrees, Sex Tapes, Klingons and Nude Scenes – ELU #72

Posted on March 23, 2016 by Gordon Firemark

elulogox1400

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SHOW NOTES

100 Percent Licensing: U.S. Copyright Office Argues New Proposal Threatens Song Owners’ Rights

http://www.billboard.com/biz/articles/news/legal-and-management/6890404/100-percent-licensing-us-copyright-office-argues-new

Links to this article: http://copyright.gov/policy/pro-licensing.pdf

Erin Andrews and Hulk Hogan win big. Are they the poster children for the new Privacy?

Erin Andrews (peephole case)
http://www.hollywoodreporter.com/news/erin-andrews-awarded-55m-lawsuit-873313

Hulk Hogan (Bollea v. Gawker)
http://www.hollywoodreporter.com/thr-esq/hulk-hogan-gets-115m-verdict-876768

Princess Cruises (Quick Take)

http://www.hollywoodreporter.com/thr-esq/princess-cruises-faces-lawsuit-barry-876787

Lindsay Lohan’s GTA5 lawsuit allowed to continue

Lindsay Lohan GTA V

http://www.forbes.com/sites/insertcoin/2016/03/16/does-lindsay-lohan-actually-have-a-point-with-her-gta-5-lawsuit/#380a92b626c2

http://bgr.com/2016/03/16/lindsay-lohan-gta-5-lacey-jones-rockstar-lawsuit/ (side by side images)

http://www.hollywoodreporter.com/thr-esq/judge-allows-lindsay-lohan-advance-875269

Flipagram – Asking forgiveness instead of permission

http://www.digitalmusicnews.com/2016/03/14/flipagram-ceo-admits-to-massive-copyright-infringement/

Rick Ross’ ‘Hustlin’ – Copyright Under Examination as part of suit against LMFAO

http://www.hollywoodreporter.com/thr-esq/lmfao-bombshell-rick-ross-hustlin-871698

Batmobile Case denied Cert.

http://www.hollywoodreporter.com/thr-esq/supreme-court-wont-hear-batmobile-873092

http://www.hollywoodreporter.com/thr-esq/dc-comics-is-entitled-copyright-826678 (previous coverage from 2015)

http://www.hollywoodreporter.com/thr-esq/batmobile-lawsuit-warner-bros-wins-419661 (previous coverage from 2013)

Start Trek Fan Film Case — Paramount claims infringement of Klingon Language. Is this entitled to copyright?

http://www.hollywoodreporter.com/thr-esq/crowdfunded-star-trek-movie-draws-851474

http://www.hollywoodreporter.com/thr-esq/star-trek-fans-want-paramount-868691

http://www.hollywoodreporter.com/thr-esq/paramount-claims-crowdfunded-star-trek-874985

http://www.kli.org/about-the-kli/ (about the Klingon Language)

Appeals Court allows Producers to continue breach of contract counterclaims against actress for refusing Nude Scene.

http://www.hollywoodreporter.com/thr-esq/california-appeals-court-allows-actress-874603

(Initial complaint) http://www.hollywoodreporter.com/sites/default/files/custom/Documents/ESQ/Femma_Fatales_bc497183.pdf

http://www.dailymail.co.uk/tvshowbiz/article-2601114/Actress-Anne-Lee-Greene-sued-85K-refusing-nude-love-scenes-Cinemax-soft-core-series-Femme-Fatales.html

Opinion: http://www.courts.ca.gov/opinions/nonpub/B260333.PDF

Scalia, Prevailing Parties, Hurt Locker and more. Episode 71

Posted on February 24, 2016 by Gordon Firemark

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SHOW NOTES

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

http://www.hollywoodreporter.com/thr-esq/antonin-scalia-viewed-hollywood-as-865334

HAPPY BIRTHDAY CLASS ACTION SETTLED

http://www.hollywoodreporter.com/thr-esq/warner-music-pays-14-million-863120

http://www.latimes.com/local/lanow/la-me-ln-happy-birthday-lawsuit-settlement-public-domain-20160208-story.html

https://www.documentcloud.org/documents/2706567-Birthday-Settlmemo.html

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

http://www.hollywoodreporter.com/thr-esq/hollywood-studios-say-no-law-857893

https://www.documentcloud.org/documents/2696091-Anthony-Dismiss.html

https://www.documentcloud.org/documents/2696092-Anthony-Strike.html

Supreme Court Asked to Review Batmobile Copyright Dispute

Recap: 28, 38, 67

http://www.hollywoodreporter.com/thr-esq/supreme-court-asked-review-batmobile-858268

http://www.worldipreview.com/news/car-designer-demands-us-supreme-court-ends-batmobile-copyright-9445

http://www.bna.com/supreme-court-asked-n57982066533/

Another Actor claiming copyright in performance, this time in NY

(Followup from episode 65)

http://www.hollywoodreporter.com/thr-esq/hollywood-docket-hobbit-trial-straight-857914

“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”

http://ryanmorrisonlaw.com/attorneys-react-the-fine-bros-react-trademark/

http://superfame.com/post/fine-brothers-copyright-react-trademark/

https://www.youtube.com/user/React

https://www.youtube.com/user/TheFineBros/videos

http://www.digitaltrends.com/social-media/youtube-finebrothers-entertainment-license/

http://www.dailydot.com/entertainment/fine-bros-youtube-react-trademark-backlash/

Ended up backing off: http://go.delicious.com/?id=63408X1518852&xs=1&url=http://www.tubefilter.com/2016/02/02/fine-bros-cancel-react-world-contentid/?mc_cid=3b80337165&sref=https://delicious.com/gfiremark

TRADEMARKS AND COPYRIGHTS IN VIDEO GAMES

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

http://www.engadget.com/2016/02/02/nba-2k16-tattoo-lawsuit/

http://www.hollywoodreporter.com/thr-esq/nba-2k-videogame-maker-sued-861131

https://www.techdirt.com/articles/20160202/06345533489/take-two-software-sued-over-copyright-nba-players-tattoos.shtml

Big Fees, Strikeouts and Disparaging Brands – Entertainment Law Update Episode 70

Posted on January 21, 2016 by Gordon Firemark

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SHOW NOTES

Webcasting Rates

http://www.hollywoodreporter.com/thr-esq/dc-sets-new-webcasting-rates-849669

Marvin Gaye Estate Wants $3.4 Million for attorneys’ fees and Expenses

http://www.hollywoodreporter.com/thr-esq/hollywood-docket-marvin-gaye-family-854928

Entertainment Law Update is brought to you, in part by the good folks at Clio, the best cloud-based practice management solution. Click the logo below to receive a free trial, and 25% discount on your first 6 months’ service.

Abbott and Costello

http://www.nytimes.com/2015/12/18/nyregion/heirs-of-abbott-and-costello-lose-copyright-claim-over-whos-on-first.html?_r=1
http://deadline.com/2015/12/broadway-hand-to-god-who-on-first-lawsuit-1201669009/
Link to Opinion

The Slants

http://blog.ericgoldman.org/archives/2015/12/are-legal-restrictions-on-disparaging-personal-names-unconstitutional-in-re-the-slants-guest-blog-post.htm

http://www.hollywoodreporter.com/thr-esq/rock-band-wins-first-amendment-850689
http://www.haynesboone.com/news-and-events/news/alerts/2016/01/05/federal-circuit-rules-disparagement-clause-of-2a-of-the-lanham-act-unconstitutional

**RE: The Redskins

http://lawstreetmedia.com/blogs/ip-copyright/appeals-court-okays-trademarking-offensive-names-how-will-it-affect-the-redskins/

Kung Fu Panda

http://www.hollywoodreporter.com/thr-esq/feds-charge-artist-fraudulent-attempt-850589

Monkey Can’t Sue

http://www.hollywoodreporter.com/thr-esq/picture-monkey-see-monkey-cant-852831

http://arstechnica.com/tech-policy/2016/01/judge-says-monkey-cannot-own-copyright-to-famous-selfies/

Rosa Parks relatives lose case over likeness

http://www.hollywoodreporter.com/thr-esq/rosa-parks-heirs-lose-legal-851986

Richard Prince (short talk)

https://news.artnet.com/art-world/richard-prince-lawsuit-expert-opinions-402173

Complaint

US Copyright Office is taking comments about how well the DMCA is working | Ars Technica

http://www.tbennettlaw.com/createprotect/2015/12/30/is-the-dmca-working-us-copyright-office-evaluates-dmca-safe-harbor-provisions

http://arstechnica.com/tech-policy/2016/01/got-an-opinion-to-share-about-dmca-takedowns-let-the-copyright-office-know/

http://copyright.gov/policy/512/

2015 year in review – Entertainment Law Update Episode 69

Posted on December 16, 2015 by Gordon Firemark

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SHOW NOTES

Santa Claus is Coming to Town ruling

In October , as we reported in Episode 67 of the show… the 2nd Circuit Court of Appeals ruled that rights to “Santa Claus is Coming to Town,” the all-time most performed holiday song, will revert to the heirs of J. Fred Coots.

Happy Birthday Copyright

THIS CASE SETTLED LAST WEEK: A settlement was reached last week in the class action claim that the lyrics to “Happy Birtday to you” are in the public domain.

Summary from episode 66. Mentioned in episodes: 42, 44, 46, 58, 62, 66

http://www.theguardian.com/music/2015/dec/10/happy-birthday-to-you-song-public-domain-warner-chappell-relinquish-copyright

Order: http://www.scribd.com/doc/282431790/HBD-Summary-Judgment-Order

Lenz v. Universal (Dancing Baby / Fair Use a right)

http://cdn.ca9.uscourts.gov/datastore/opinions/2015/09/14/13-16106.pdf

http://motherboard.vice.com/read/youtube-is-the-latest-to-defend-users-from-ridiculous-copyright-claims

https://www.eff.org/press/releases/important-win-fair-use-dancing-baby-lawsuit

Episode 66 and Episode 68

Blurred Lines Case

Then in Episode 65, we reported that the judge had ruled against the defendants’ motion for a new trial, but had trimmed the judgment down to about 5.3 Million Dollars…

and, just last week it was announced that The song’s writers, Robin Thicke, Pharrell Williams and T.I., have filed an appeal

Innocence of Muslims Ruling (and possible en banc review)

On February 26, 2014, the United States Court of Appeals for the Ninth Circuit ordered YouTube to remove the video from its website by a 2-1 majority. The ruling was in response to a complaint by actress Cindy Lee Garcia, who had objected to the use of her performance, which had been partially dubbed for its inclusion in Innocence of Muslims.

Garcia had believed during production that she was appearing in a film called Desert Warrior, which was described as a “historical Arabian Desert adventure film”, and was unaware that anti-Islamic material would be added at the post-production stage. Garcia had argued that she held a copyright interest in her performance. the lower court disagreed, but the 9th initially held that she could have such an interest, and ordered youtubr/google to takedown the film.

then, In May of this year…, in an en banc opinion, the Ninth Circuit reversed the panel’s decision, vacating the order for the preliminary injunction…

Pre ‘72 Copyrights – Turtles case, etc.

Episode 65, Episode 60, and Episode 59

Pre-1972 Music Update, Sony, Google, Apple

http://www.hollywoodreporter.com/thr-esq/sony-google-apple-hit-lawsuits-766187

http://www.billboard.com/biz/articles/news/legal-and-management/6450644/sony-google-apple-hit-with-lawsuits-over-pre-1972

Quick Mention: Sirius XM

http://www.hollywoodreporter.com/thr-esq/judge-allows-siriusxm-appeal-big-772212,

This settlement was contested later in the year, covered in Episode 65, July 2015.

The Turtles Lose Bid to Halt SiriusXM’s $210M Settlement With RIAA

http://www.google.com/url?q=http%3A%2F%2Fwww.hollywoodreporter.com%2Fthr-esq%2Fturtles-lose-bid-halt-siriusxms-810836&sa=D&sntz=1&usg=AFQjCNGU8v5j1BvKQTWLwBGTIisWDeRRLg

Flo & Eddie Inc. v. Sirius XM Radio Inc. et al., case number 2:13-cv-05693, in the U.S. District Court for the Central District of California.(original lawsuit, http://www.project-72.org/documents/Flo%20&%20Eddie%20v.%20Sirius%20XM%20(Order%20on%20MSJ).pdf)

Pandora Settles

Pandora will pay $90 million to the Recording Industry Association of America.

Copyright Office Music Licensing Study – THB

Episode 60 – February 2015

http://copyright.gov/policy/musiclicensingstudy/copyright-and-the-music-marketplace.pdf

Point Break Live ruling

http://www.jdsupra.com/legalnews/keeling-v-hars-usca-second-circuit-86510/

Full Decision: http://www.loeb.com/~/media/files/publications/2015/11/keeling_second_circuit.pdf

From Episode 68: The second circuit has ruled that “Point Break” parody is entitled to copyright protection

Monkey Selfies

https://www.techdirt.com/articles/20151106/23433032738/monkey-see-monkey-sue-defendants-ask-judge-to-toss-out-ridiculous-monkey-copyright-lawsuit.shtml – (RE: Motion to dismiss by defendants)
https://assets.documentcloud.org/documents/2509399/gov-uscourts-cand-291324-28-0.pdf – (Slater’s motion to dismiss)
https://www.documentcloud.org/documents/2509398-3e17e9c2-f21a-4cca-aca7-ba1c6c6fd616.html#document/p11 (blurb’s motion to dismiss)

http://www.chicagotribune.com/news/weird/ct-monkey-selfie-copyright-20151111-story.html– (Gender of the photographed monkey being disputed)

*** NEW UPDATES****
http://www.peta.org/wp-content/uploads/2015/12/20151204Plaintiff27sOppositiontoMTD.pdf (PETA’s Response)

Episode 68

http://www.peta.org/blog/peta-wants-to-make-this-monkeys-selfie-stick/

http://www.therecorder.com/id=1202744095177/Monkeys-Lawyers-Urge-Court-Against-Snap-Judgment?slreturn=20151110122552

Entertainment Law Update Episode 68 – Much Ado About Lots Of Things.

Posted on November 19, 2015 by Gordon Firemark

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SHOW NOTES

In Episode 66, we talked about the major ruling by the 9th circuit in the Lenz v. Universal Case…. Not much to talk about here, except to mention that Universal has asked the 9th Circuit to re-hear the case en banc.