2020 Year End Roundup

2020, Gordon Firemark & Tamera Bennett
Entertainment Law Update

Entertainment Lawyers Gordon Firemark and Tamera Bennett provide entertainment law news, commentary and analysis.

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[0:00] It's entertainment update one hundred twenty eight december twenty twenty.

[0:08] Music.

[0:14] Hello everybody in welcome to entertainment law update it is finally the end of the year that seemed like it would just go on forever twenty twenty and here we are from los angeles california gordon firework
inform the dallas fort worth metroplex i am tamara bennett thank you
we put together around up of legal in business news stories and sharpay evans and commentary and houses about,
and as we always do in december this episode one night only features in new developments.
But also pics for this out of tops stories of the year but let's just jump right and get started with the first of those
new stories october you remember we covered dispute between sagaba.
Actor's equity relating to tapings of life the actual presentations given that covid19 has basically shutdown the fever industry late november the two unions reported the big reached an agreement through mediation.

[1:21] May sign contracts with theaters up until
december thirty first twenty twenty one for recorded live theater events and readings as long as the work appears on platforms that are
only primarily available for ticket holders or subscribers and theatre and that are subject to specific limits on the digital audience size and like to vixx vision of the work on the platform so not replacing.
Show making and streaming tv in those kinds of things but allowing for a limited run performances of the atypical presentations.
Capture as theater on camera ruben making landfill making style so that's pretty cool and the theaters are making
why news of edits or sing more than effect i'm looking for the one this weekend.
Add one direction on fox kinky boots is going to be streaming this weekend starting over awesome yeah for that.

[2:16] It's really fun i need to be looking for that i know it heard that the west end,
actually reopen for a short period of time i did not realize that until i heard this week that they had closed again so.
Hey portal march with.

[2:40] The touring production of come from away which by the way if anybody haven't seen it yet so good i can't come from away
by the dream production was in dallas in february march i have a friend who has you know season
tickets season seats for the productions band had invited to attend with her i decline because we were supposed to be on a cruise.
Wouldn't go on that cruise i don't know if the production active.
Who is like march eleventh it probably it probably still word forward but anyway yeah yeah
right before things really start everything started.

[3:37] I would encourage anyone so the title of the book is not come from away i can't remember what it would it is but.
It is expect so you know that would be a great read i think over this
christmas hanukkah new year's season cause it's a very it's a feel good feel good when you read that box,
right now
where can i use a little love that so let me ask you gordon have you ever heard of a six dollars insurance policy that could maybe save you from millions and millions and millions and damages outta my system,
followers on facebook and things like that yo gotti spend six box of worth it yeah so it takes to register as a serve as it
i said service provider you can register for six dollars on your copyright designated agent with the copyright office to receive
claims under the digital millennium copyright act in it gives you all these amazing safe harbor procedures and protections if you do that so here's what we've got it
i hip hop streaming platform called spin rella.

[4:59] Did not do that and so on november thirtieth us district judge amy totten burg granite summary judgment in favor of the r and their members regarding the issues liability and rejecting spin spin rella i guess say it thirty am c safe harbor defence
background the r in two thousand seventeen.

[5:22] Turn on behalf again of their members suits been relax and their spineless founder jeffrey dealings copeland who period
is the soul member of the llc alleging this side allows users to stream and download content without a license to do so i don't like the platform in carriages.
Uploading encourages mixtapes.
Maybe reminiscin even pizzeria dot com some of his other things in your looking for discovering independent hip hop artist they have.

[5:57] Let's see fourteen thousand fourteen thousand nineteen million registry users have the privilege upload music and over four thousand works for dinner fighters being allegedly in french
both sides moved for summary judgment regarding the copyright infringement issues.
End georgetown burn notice set the eleventh circuit has not yet considered whether direct
copyright infringement is required to be wolf lol and add the following to say quote even if alicia villarreal contact is required to prep directing french meant.
The case is on which planets relax have health at the affirmative action streaming constitutes direct infringement of the copyright holders exclusive rider performance.
Regardless of the fact that the streaming occurs at the request of the user so steven.
Yes even now i say hey stream that to me i want to listen to it sounds like there's direction frenchman happening on.

[7:01] Yes so that the hosting allowing upload is the vicarious information put as soon as you actually stream it to someone else that makes it in an affirmative act.

[7:12] What constitutes direction french montana seems that's what you say yeah ok so.
What they didn't have in place they didn't have in place any kind of repeating friends your policy if we harkin back to the good old days of youtube and hopex dread fall
red flag policy and all of the things that came out of the youtube lawsuits and and other i'm service providers
what you gotta have something employees and if you have to register designated agent to.
Set the benefits under the digital millennium copyright act i mean that's your out there is no safe harbor for you so all that's left at this point damages and so how are they going to be determined but
i do question would the safe word having a dmx registered agent have been and not.

[8:08] Take completely shield them well she seems to be saying that the active streaming is different and separate from the active.
Hosting the file how me uploaded those kind of things but you know the name i think it's pretty clear that youtube and vimeo.
On facebook and all of those sites are protected in the fair harbor least haven't been.
Victimized poppin' protected by the different policy in place.
You know unless maybe it is.

[8:50] If i had had that were discovery in facts have gone further down the path or maybe they did.
There's a single member lc.

[9:02] Yes with with the up three dot com casino what what was incorrect by the officer
so long ago
anybody talk about it many times you can go back in look at it and it if it wasn't excited in in the breeze so message
probably should be practice point is if you have websites they should they should register their dmx post it their policy on in their privacy you're or terms of service policies
on the website even if they really don't accept a lot of user generated content for six bucks and and the cost of
fucking a few sentences into a online document seems to be at makes a lot of sense because i know.

[9:55] I can invision a situation where somebody comes on your blog and post to comment that happens to be you know the full text of,
you know some palomo something like that website
what's copyright but if you if it's posted by third party user of your site and you have these policies and place you are in the safe harbor moon from that lawsuit so.
Six dollars insurance policy totally worth it and it's easy to do gonna corporate office dot com slash dmx thank you can find the link to register your.

[10:33] Doesn't matter.
Yeah here's another tap if if you're client has somebody who's really on top of us have them set it up have them register and years wide because the
log in for the dm ca registration is different criminology in the copyright dot gov system to register copyrights.
End the d m c one hundred reset your password all the freaking time so i don't wanna have to be dealing with that for your client so
on top of things somebody for your client should be on top of things cause that's what you need to be dmt
does it anyway so.
Teach the teachme to fish on this one i promise you you don't want to be in charge of that so that's right.
Well tips for everybody in the party is actually have.

[11:38] Opening to decide whether to proceed with the trial damages or mediation and the judge shows what is strongly implied.
Probably go to mediation so,
take take it to that it wouldn't be a twenty twenty episode story without talking about tiger king.

[12:06] Right that's what i put in my notes on the show show prep i might please it's twenty twenty show we have to talk about.

[12:19] So how to flight for the afters just like a good juicy things to talk about the biggest part of it is netflix has scored sort of an early win in the lawsuit brock buy hollywood weekly magazine.
What is showing netflix bsb paramount imagine television for their use of the title monica king.
In their documentary many series whatever you wanna call it about joe exotic.
Maxine clemson trademark the name in addition to a bunch copyrights back.
Sometime ago and the complaint contained four claims based on the shows use of the phrase tiger king trademark infringement copyright infringement falls designation of origin and delusion.
And then the fifth clean based on netflix referring actually to the hollywood weekly magazine which a hurricane only in the documentaries well netflix
first bars all those claims and that the copyright claim was defensible fair use so.

[13:25] Which respected that planet claire those nights claims and the first amendment netflix set any of unauthorized use of the trademark was protected under rogers versus grimm oldie
test enough to artistic works use of trademark that otherwise would violet the lam act isn't actionable.
Unless the use to mark hasn't no artistic relevance to the underline work whatsoever or if it has some artistic relevance and listen explicitly miss leads to the source or content of the work on the tiger king.
Matt butler relevance threshold of that first prime.
So question and turns to explicitly misleading and the corrs you're not missing me to the source of this information anything like that then you know they saying.
It's not a misleading.
Representation of the market and their forwards protected so they granted the motion to dismiss on claims one three four and five leaving only that copyright claim to deal with and the court said.

[14:27] Maxine master show ownership of the alleged infringing work and copying of the protected elements of the work the claims possibly head some to do with
netflix prominently featuring various spreads from the magazine in the documentary and the course but you know the complete lax well play facts from.
Which is possible to conclude that planets on a valid copyright the netflix in french that's interesting usually don't see challengers to the validity of copyright special somebody magazine but sitting the bull case which is sort of the seminal.

[15:02] Question on what's the bear minimum necessary for complaint to survivor emotion dismiss deficiencies in the climate self.

[15:12] Where after grant dismissal and as it stands now all of those lament claims were dismissed without leave to a mend but the copyright claim has
is withered hand and planets have until december twenty first to follow new complaint alleging additional facts for the conference claims some.
Yes so tiger king the trademark
show tunes going on on that so multiple filings at the trademark office for the march tiger king these filings have been made with applicant's in the name of joe maldonado passage who is joe exotic netflix
does the greater wind wide exotic animal park which one is.

[16:00] Play jordskott into a friend now it might be in carol baskets if you watch tiger can you know who all these people are.
Various people who have just tried to file things to get on the bandwagon interesting.
Play again some of the ones that were filling in the name of enjoy exotic legal name major made he is in prison in texas.
The address listed was not the.
Prison i did check that it is in at nfl seriously just place of residence but it's not it is in fort worth.
But the others or filed out oklahoma city and other places with claims to make the applications special because of nobody exactly knows who does
no more tiger king then there was even a company and again i don't know if these folks.

[17:03] Just happened that the pizza place was already called tiger king pizzeria which is.
Possible bayfield for an application for tiger king pizzeria and here's the reasons it was rejected and just just rejected i'm falsetto station with claims.
To the tv show the documentary and it's identifying a living individual.

[17:31] Play some joe exotic so at least examiner can claim every ten show.

[17:39] Yeah.

[17:42] Show if anyone if i had time which i don't man i love to figure out the problem yeah that's interesting.
Is it really identifying a living individual if it's a brand that is.
If you name is it not if you i don't know.

[18:10] Is it almost people since march twenty twenty maybe not my mom i might be surprised ask her tonight.
What talia the crazy guy in oklahoma for king.

[18:30] I got it
what's interesting you know if it was joe exotic pizza i would say yeah that was definitely connection to a living individual but tiger king is the name of shit because he himself tiger game that was something the magazine and the tv show adopted.
So that's what that was about really.

[18:51] Well yeah so shirley to get somebody applications for him for jodeci those but.

[19:01] What i guess i'll be talking about this morning twenty twenty one what would because of these things are getting out yeah
i said it just wouldn't be twenty twenty tiger king and jodeci
well there's one attorney who probably won't be practicing law in alliston the southern district new york for the.

[19:24] Well for the near future anywhere is pass the bar in twenty fifteen in started filling copyright cases.
End the southern district new york in two thousand seventeen and that time since then he has filed more cases in that district nine any other lawyer last countdown around twelve hundred and eighty.
Number filed in other districts by him as well he's earned the dubious distinction
one of the most if not the most frequently sanctioned lawyer in the southern district foreign misconduct including things like repeated violations of court orders out right to santa estilo sometimes under oath as well as having a pet shop for
voluntarily dismissing cases starts to get into hot water with them he has been called copyright troll.
Hey portal call clear and present danger to the fair officially administration of justice a legal lamprey and an example of the worst kind of layering.
Scores of cases he's been repeatedly chastised warren
order to complete ethics courses find an even referred to the greeting committee and the greeting committee for the southern district new york after careful deliberation unanimously determined that the charges.
Strongly supported by the record and they another interim suspension of the response from the practice of law pending final education of the charges is wanted so.

[20:49] There it goes you know
richard i don't know.

[21:03] No that's interesting i guess i've never thought about from a little gazillion if you're litigator that you could be blocked from violin cases in a serving court versus just the
grievance committee disciplining you or removing your license or suspending you are.

[21:24] Hannah committee saying we're done with you you're not welcome here anymore.

[21:30] Presumed the once they made their final determination of the charges against him they would refer those.
Two the bar for bar station in exactly set up but i would.
Play the state bar can't be far behind.

[21:50] I would think so here just a side note i do not know if mr lee boys practices before the us patton trademark officer not but if he dies he is required to notify them if any.
That's right so there's your practice hope not i need it it is possible to be agressive representative clients without being.
Look without being designed about it and without being vexatious about it i guess you could say so i hear you know this is someone who was just.
I guess give it to put it nicely taking things too far in his view of what sales representation means and put it.
Let's kindly give a troll needs to be disabled i have any investigation which i made do this like half time but i'm curious am to take a look on pacer to see
what kinds of arlissa recover infringement cases but are they.

[22:56] What's up on your website or what you know what kind of of cases they are not seem to think it was a lot of those sort of question.
You know borderline kinds of cases of you know what where there's smoke cases and it sort of these filing for refer to his new since value because he knows you can get a settlement most people quickly and so.
No she's file two hundred eighty cases how many season this is letters sent out you know letters things like that song that's a lot of work well it's true,
why doesn't melbourne i don't wanna work hard or unpleasant so.
That's a lot of cases.

[23:48] Also in new york on a mirror i think it's more upbeat positive stories is that as december first new york governor and requiem o
sign the new bill.
Enter law that establishes in new york december bull ride of publicity for disease performers and personalities the new log stands individuals right publicity for forty years after death and give the a state the ability to control the used of that
yes name lightness voice signature
for commercial other valuable purposes for those forty years afternoon of stephen a little puzzle of us why it's forty years and not seventy years like a most other states half of fifty like a few other states have i guess new york wants to do things their way.
Play event in applies to both performers and personalities who lived in new york at the time of their death and it defines performer as a disease natural person donna southern new york at the state
set the timer for dana or livelihood was regular engaged in acting singing dancing or playing musical instrument
hey portal is define natural person dinosaur in the state at the time of death who's name voice signature photographer lightness has commercial value.

[24:57] Timer weezer death or because of his or her death weather not during the lifetime the person used his or her name voice of trespass of aso
no thats an interesting i whether or not they used it during their lifetime texas requires you to use it during her lifetime
i guess that makes a family doesn't start seeing victim doesn't start seeing.
Victims name brandon merchandising things like that to well that could be floyd family or someone like that feel about.

[25:44] That's not in new york case of course by how they feel about all the sudden seen george floyd plastered on t-shirts and you know it
it is happening i don't know.
There are examples of when those things happen your exactly right in new hope that most people are doing that without any it will or profit from it goes on or the deceased.

[26:09] Play bells now that's not everybody so so interested if we got any new york lawyers or anyone who was part of that,
conversation or no something you know
leave a some feedback and lettuce snowcone of the fall process new york conversations about
right a publicity in new york hasn't really had to write a publicity for living peace people eat there a realize on the states privacy desperation.
And that has been whittled away quite a bit.

[26:48] Turn in recent years two so i'll be control have a conversation about that tomorrow we talk over friday record a little bit for the next episode
ok anyways so the law designer artist from the oa also has the deep fakes protection that's important note
the legislators legislators excuse me articulated the city it was partly designed to.
Protect artists from people who died falsely to pick them as engaging in sexual activity through the deep fake technology there starting to hear a lot
how about the bill gates the carters question toward punitive damages as well as establishing a private redirection.
From waffle dissemination republication of a sexually explicit depiction of an individual self does not to be the actual person just a picture.
Interesting yeah.

[27:44] I don't know how many other los have something like that i made maybe that's you know with this been trying to later to the game introduction or if we might see that
coming up in amendments.

[28:01] Well sort of the news stories for,
i don't know if you said this is does not take effect until may thirty one twenty twenty one so honor after that date
so we should i think of maybe this time next year before we have our first litigation talk about
get your publicity in french montana now before the effect.
Sorry being stealing life right now let's move on to our dark year in review and talk about the big stories that we had in twenty twenty and i think the first one has to be.

[28:41] I mean you can't talk about twenty twenty without talking about coronavirus i know i love how.
You and i in the contributors and everyone who helps this put this together we submitted you know can of a big prayed up if i suspect most of us put on the on the list was we just.
Have to talk about twenty twenty sorry
no but relating it to the field of entertainment lawn little property log another there there are a few situations where it's really become.

[29:18] The first one of which happened right then and march of march twelfth.
The day after the pendent really was marcus hitting the united states on march twelfth there was the end of a five year copyright battle
and the doors in a stents litigation deliberated but only for less than an hour.
For the reach their verdict hundred eighty nine and a half thousand dollars
ok thousand dollars per working french navy attorney's in case we're expecting the dangerous be maybe ten times that amount because steps damages could run up two hundred fifty thousand for work and so and so,
the verdict red two planets moving for a new trial alleging the jury didn't review even one of the three hundred twenty-six exhibits admitted evidence and they said the cold global.
Covid19 pandemic rush the jury.

[30:11] They compared the situation to a fifth circuit case where new travelers ordered after because of love damages in that case because that of a hurricane was buried down in the
judge told jerry's hurt george hurry home before you go blown away but here the district judge and gotta ramos
read against the planets saying the planet.
Persuasively draw any connection between the potential impact of the pandemic and the specific damages awarded and then the judgment on to reduce the six million dollars in attorney's fees by but sixty percent down to two point four million
say that feat was quit deterred would be in fenders but not result in financial ruination for the influencers.

[30:55] Ask a question do the platters have appointment on march twelfth.
On that day a jurassic to speak to the judge and expressed concerns about the pandemics and we been coming here for two weeks all this in this room we've been had exposing ourselves and we know i'm not it's happening in franklin
this matter doesn't seem all that important compared to lives that steak like my mom who has lupus she has a very compromised me and system.
The judge respond to the court was taken out quit safety precautions and consulting with the cd c now march twelfth was also the date that
the day after tom hanks was diagnosed in the nba shutdown at season
after one of the players at the utah jazz tested positive it was the day the dow jones average dropped by fourteen hundred and sixty-five points and the day before the schools out all in california all shutdown did you know everything was happening right then
i'm going on the jerry reed it's verdict after what i say and i wanna have some deliberation.
After two week trial right so it's your feels like that russian.

[32:05] Open.

[32:09] No shirt the planets getting basically another bite the apple i mean i can see how the defense would be like new.
Right well process time to process information and.
Yeah but there's another free game there wasn't fandom liable you just don't get as much money as you wanted,
and six million dollars in in attorney's fees reduce to two point four million now you know.

[32:43] That's the one of these a lot of money but i was interested the judge made it about made that about.

[32:51] Not punishing the.
Defense undo it about compensating for the fees involved in the actual blue vacation of the soul you know it doesn't.
Hey portal what we don't know but it's conceivable that the planets around the hook for the other for million.
Somebody gotta pay those it's supposed to come out if you got a prevailing planet.
It's within the courts despresso changes the character damages not.

[33:34] Turn the space will in that goes to waffles and so.
What is the slippery slope if these guys get a new trial cause i got my mind i'm thinking maybe theyre just,
no the trial on the damage is will there not gonna get these jewelers back.
I want to start recording vaccinate how much did we really give them yeah about this the last month change your mind.

[34:14] No shirley this isn't.

[34:20] Play sports defendants out there who thought.

[34:25] Enough probiller.com differently on orchestra but for the pandemic,
add matt has got to be part of what's being considered.

[34:38] What another big story that's come up in the course of the pandemic isn't exactly lost story of the week talked about.
Is the general idea of movie theaters in the last
a couple of episodes last few months episode hundred twenty five hundred twenty six amc theaters has had a really rough go of the year in doesn't look like it's getting out of outlander anytime soon you know the chain really struggled
for while needs about seven hundred fifty million dollars to keep it
lights on but when they want to investment from they were there the race about a hundred million dollars and some securities feeling saves the day expected to play their cash reserves during january of next
yeah so.
They are also struggling against the new plans from universal on warner brothers two release.
Films on streaming as the unsaid day and date is the article releases simultaneous release on the streaming services hbo maximum universal reduce the distribution window from ninety days down to seventeen days you know this is.
Is big amc around the corner recover.

[35:51] And the warner brothers move within cut profitability over all you know.
Hey portal side by this new plan that i am cnn they said they accepted a one time deal for wonder woman nineteen eighty four to be released that way but they haven't expected
make it a blanket.
A policy for the entire slade releases so they gonna try to read those terms mean while
disney maybe only hope frames survival there's a bunch of new animated films scheduled to come out in march or in the spring i guess but
things stay lockdown for a while longer you could be a bankruptcy for nct that's.

[36:36] Yeah shutdown keep going.
Same thing with recording artist.
What do you do i mean you know you're watching the the streaming of the theatrical production this weekend there's lots of.
I want to me and orchestra live streaming concerts that are occurring weather be know if you go to the drive in movies their having different ones we can go in and watch the concert world series platforms
yeah alive and well financially
add the same no it's not and i think we have to think about it's not just the.

[37:30] Performing artist who's not being paid it's
it's the ringer it's the stage hand into the engineer it's it's my friends who do the music copy work
broadway shows so many things i guess i just want to throw a couple of other things part of twenty twenty the act help client base
weather was getting paycheck protection alones make stoner unemployment
benefits as well looking forward into two thousand twenty one it's my understanding that early as.
Turn december eighteenth recording this on december seventeen that new.
No active revise new cars activate go through that should hopefully continue to help.
No what's another paycheck protection demo another earth income
awesome talking i don't have the verification on this that the case act may actually be ending up in one of these
but it may be the appropriations act
and also an amendment to make a two to make stronger felony.

[38:56] Yes streaming material webb streaming kind of services so again those those things are necessarily related
i can't think they might be getting through on this feat for koven sun's out a couple of things that have gone through beauty beats,
start it within,
twenty twenty and then i think we're gonna see more of that in two thousand twenty one as well to a lot of changes in the way.
Safety is managed in recording studios film studios on set and so there's even this new job description on film sets of health coordinator.

[39:38] Similar kind of idles.
Earlier this weekend refusal this the tom cruise was showing added be rating sermon crew members on the set of mission impossible seven which is shooting in england
serving proper social distancing practices and not wearing masks when they should even if i see it again you're gonna be fired he's got that
cloud anyway.
Anyone on a lovely was explaining to the whole crew in this in this diatribes on
this film among many others is leading the charge keep hollywood focus folks at work and the industry just can't afford to shut down again so he is holding everyone on his set to the highest standard and he expects you know.
Paper professions to be taken at all times he doesn't wanna get second it doesn't want.
Shut down i think it's awesome so sunblock who's junior.
He is mino created media video production major and starting in january he will be on set for the.

[40:46] Nightly news interested.

[40:54] You know he's going to be learning how to do this with the same safety health guidelines because the university will be and has been based
weather everything so i think it'll be interesting to can have it from the birds i view and he will never really know anything different.

[41:15] I need you work down productions he has over the years you know it then high school in this in the app.
There is a whole generation who knows nothing different from working like we have worked in twenty twenty.

[41:34] Yeah fade away as we determinate the vaccines are effective for the long holland things like that but
a long way from from that and so people who learned this kind of yg and health discipline is a good thing no question.
A little louder to do.
Yeah we'll just routine appointment at the doctors appt this week and after they wait me always the highlight of the trip she's like right now.
Am i getting created i meant really doing this for twenty seconds.

[42:20] Yeah you wash your hands the way brush your teeth fight for you go to the dentist.
Yeah i was here wilson cases.
Ok you wanna take the first one yeah so this was on my list of top cases it's not very sexy very exciting but it's
trademarked us pto versus booking one two three it's out of a supreme court so that makes it kinda get
straight to the top of the list so the digital travel company booking dot com salt register
it's domain name as a service mark for hotel reservation services and the us pto denied that registration under their longstanding policy and regulations that the combination of engineering term
looking for goods and services with the dot com dot surface does not create a protectively trademark
booking dot com did can see that booking was a generic term for it services but it says combining it with the dot com generated descriptive term and the test was weather awarded simple generic
is weather consumers proceded to be generic so on review the district court.

[43:44] Choose me all reviewed the us district court booking offered evidence supporting an influence.
That seventy four four percent consumers recognize booking dot com is a brand name so some survey evidence.

[43:57] End the district work concluded that even know the word booking isn't unprotected generic term combining it with dot com transformed it
from unpredictable generic into descriptive that would be protected once it has secondary meaning.
End the survey the surface is that it dies so it was.
Repeat to the fourth circuit who affirmed at the supreme court affirmed it with a vote eight
one justice repairer ginsburg riding for the ages is majority credit the district quartz determination that consumers proceed booking dot com is a brand name
fam the determination despacito so what is it going forward are we suddenly gonna see all of these dot com domains.
Allowed i astrid march i don't think so but the majority implicitly discarded.
The longstanding rule that generate turns cannot become protected marks even if consumers recognize them is brand name i would we will see a shift there's been some guidance down to the examiners i'll be with you,
don't think it was the whole lotta guidance have a great the guidance and it's still allowed a lot of so subjective review.

[45:20] I think that was that was a big one and it was also the first case r u v zoom to the supreme court.
I wasn't worried about yeah yeah so it was the first one.
Ok through the supreme court in away this last year is the stairway to heaven led zeppelin.

[45:45] We talk about the first episode at least a couple of episodes hundred and nineteen hundred and twenty-four of this show on august sixth michael skidmore they trusty for the randy
craig wolf trust fall partition for rid of sure sure bari with the us time court requesting that it review the ninth circuit.
Stairway to heaven tourist copyright infringement case in skidmore versus zeppelin and he was basically cleaning the randy wolf.
The singer songwriter of the band spirit wrote the song tourist.

[46:22] I would you register many find to be very similar instructions feel i bring movements of led zeppelin stairway to heaven.
I am in twenty sixteen led zeppelin come away with the wind at the district court level march of this year the nine circuit court of appeals help but no retrial was necessary and.
You're too far into the arguments the the spring court take a look at it ruled because never presented the selection and arrangement theory at the trial he for fitbit.
Objection to the dream instructions and dumb disagreed with that.
So strong court tonight search on the case and the rolling stones in favor of led zeppelin.

[47:16] I mean i think the first rulings were maybe in eighteen nineteen a couple of things in twenty so it's been on going really bring us back to that
excuse me before dealing with the difference between you know what the copyright.
Show them body or something larger should embody what's the deposit with the copyright office and we still have a big decision that's gonna give us and answer the well.
The blurred lines case was one with that issue.
And still cooking so you know if it wasn't always possible too.
Submit a recording to get coverage for the whole song ride good smith.

[48:06] Play that's that shit and we discuss on her before.
Early nineties when i was working in nashville and music publishing we submitted the lead sheet we didn't submit the demo tape.

[48:26] Delete she was the best was the best evidence that's why what was marked on the circle whatever circular i would have been at that time
what is the submit the lead sheet.
Eventual recording is the fully produced version of things with counter melodies and harmonies and,
yes right now what time actually released.

[48:53] Will you sleep did submit the recording two.

[48:58] I'm trying to remember you know my name none of those things that i worked on the end of years has been subjecting complications so this was a liar.
Who is in the days when it was so easy to follow capron application i guess so much easier when it was wrong beeper stairway to heaven still waiting for the outcome.
Pause cameron boyce name ed sheeran ed sheeran emma thompson state of my head townsend state is ed sheeran over of a similar leave.

[49:40] Do not similar kind of a story.
We don't have clear answers well i guess we do have a clear answer until someone says otherwise what's i'm legit is what's protected.

[49:55] It again for these i guess the ed sheeran when was it was the townsend work prior nineteen seventy two.

[50:07] Instagram.
Show so we can have a round up of cases from that from the from this year so it has been a hot topic and bedding is a technical process which allows content to be viewable on a website even though
actually hosted somewhere else on the third party server
instagram we discuss this an episode one twenty one twenty three and one twenty seven and i feel like we discussed.
In prior years is well mini plaintiff fifty
photographer's have filed copyright infringement suits against news reporting agencies famous celebrities professional sports athletes regarding the unauthorized use.
Photographer's photograph on social media accounts and websites.

[51:03] Being filed intersection five oh one of the copyright acting claiming the defenders are reproducing in publically displaying without consent
is carpet ride photos to the detriment of the copyright holder whole again often the photographer to the picture
the first one we got here the sinclair versus zip davis and mashup mashup.
Add early this year episode one twenty one twenty three we talked about it.
Play this is a professional photographer stephanie singh sinclair and she uploaded one of her photographs to hear public instagram account
mashable which runs mashable dot com requested permission to use her photo for a story and she decline so then mashable use the photograph through this evening process.

[51:54] And so it showed up from the instagram site to the mashable site i was like she sings if they versus the parent company and mashable for copyright infringement and the district court granted that defendant's motion to dismiss so.
Play the blues is the court found mashable head in bed sinclair's photograph on its website.

[52:14] Pursue to valley civilisations from instagram i think that all made
let run little call their mname did for the planets as well and so she filed motion for reconsideration and the court came back in found
actually the red the record continue insufficient evidence to show that instagram has ever actually granted sublime since to mashable so
put this watch on the outcome of the case there.

[52:42] Yes walsh vs town square media in in the same month is that sinclair case the district for the southern district of new york road on another instagram
this fact photograph cardi b photograph rebecca walsh tom ford's fashion show cardi b post the photo for the photo of her,
she posted the photo
to hear public instagram account and it was later in bed by town square media in an article on it's news website access
dot com on the response between cardi b tom ford specifically referring to welch's photograph
copyright infringement claim against town square legion the used the photo wasn't unlicensed publication and the district court granted
turn scores motion for judgment pleadings final the used the photo constituted furious focusing mainly on the first furious factor purpose and character of the used funny other favorite town square cause article was.
For entirely different purpose than originally intended and photo was taken to depict cardi b at the fashion show where is town square with specific reporting on the response to the social media post.
The photograph.

[54:05] So interesting we actually had kind of taproot firehouse roundup right after this but most of these could be in the same category
i want in the sports world of things is after together michael barrett,
ok michael beret busy on suit united sports publications lbd the owner of long island tennis magazine dot com we just talk about this case one
episode pass for displaying his photograph of professional tennis player carolyn was.

[54:40] Navigate what's new yankee an article regarding her retirement in the in his photographs from survival decades ago
how are the photographer did not initiate a suit against was naki for her unauthorized used to the image on our own instagram account before the defendant used it on his website so she posted it
the internet was invented sorry skip that step time.
Yes so anyway the furious argument to finch arguru that their use with sufficiently transformative because it was for the purpose of indicating to it's readers the origin of the breaking news of her retirement.

[55:19] End so i guess that.
That that work for the end so in the cardi b photos situation the news article was about the response to this photograph
and so that i can see the transformer of mystery men were talking about we listening a story about photographer helps to show the photos so we can explain why people are talking about it here now we're talking about a tennis player who's retiring and the publication
take a picture of the of the tennis player.

[55:48] That's the photo isn't what controversy so i thought find this little hard case to make furious but put gordon so
houston texans quarterback
shawn watson for republishing the photographer's content on.

[56:13] What's on social media accounts the defended watson claim fair uses a complete defense considering humidity publish their the original content though his used was not
transformative he didn't do anything to transform that
photographer robert o'neill suede model emily raja sky ferreira posting a photo of herself taken by o'neill to hear instagram story without licensing it or receiving his authorization and she used the photograph captain
surf to comment on her perception of the predatory nature of the photographers practice her face was actually hidden by a bouquet of flowers of flowers that she
used two higher self and so we haven't seen
involving the instagram and beads and republishing every artifacts specific and the required to sting tonight.
Ask weather bedding a photo,
instead of directly coping it doesn't make a difference.

[57:24] The next story we have.

[57:27] Deals with another supreme court rulings allen versus cooper this is a big moe we're waiting for it from last year this is involving that that
documentary footage of the blackbeard revenge sinking ship
recovery and the supreme court ruled that congress could not abrogate the software unity of a state
without winking the scope of that application to the redress or prevention of unconstitutional injuries and then they have the conversion after create a legislated record to back at the connection so what's going on in the state.
North carolina or south carolina north carolina thank had basically used footage from this private.
Well from the documentary on it's websites and public and the filmmakers claim covered in frenchman in the state claim suburban unity we don't you can't ask that and so hear they spring court was
disposing of the statue of the copyrights in-law the act impact,
on that southern community question saying that when the congress tried to.
What's the word i'm looking for trying to abrogate that summer community but with the corporate laws they didn't do a good enough job articulating their.

[58:46] The nature of the other unconstitutional injury they're trying to address and so so they sort of the the courtship create this road map for the legislature try again.
Give me pandora lost apartment corporate suits against states another senate has asked to corporate office and the patriot mark office to determine to what extent does intellectual property.
In french meant by state states happened impact pepper penthouse.
Did the same thing before they pass the previous all which is one of us now overruled and the him decision so what you have to see.

[59:24] I think there would be a lot of people who would raise their and a lot intellectual property owners raise your hand and say this was taken this is taking.
Political campaigns her private life is not the government but do you know when when the government actor.

[59:45] How is left hard for damaging then a private entity does it.

[59:55] Anyway interesting yeah we won't move say it again another one from scottish maybe maybe
maybe is maybe isn't fair use part of our conversations plugged in here i am that law and judicial epinions or not copyright because
judges and legislators are not authors within the contacts.
Based on president judges could not obtain a copyright in los a written because they making interpret law
logically flaws then that legislators cannot attend a copyright in the laws they and add this is the georgia public resource case that we've been talking about for several years
further is considered the author because stations were written by third party.
Legislators behad.
Set a not protectively by copyright these annotations that are going into the georgia law and which we're gonna lot down that you could not access the georgia
annotated code to get those again somewhere this decision was not made on furious crowns back at the district court level record high rule that no fair use had a curb i'm going as far back as episode seventy five
open talking about this georgia public resource.

[1:01:17] Ok regarding these georgia initiated laws and again did start with cody this furious argument but ended.
It's just not protected by copyrights so.
We have drake's song poundcake sampled in a spoken word recording from jimmy smith
and the corner here the second circuit found that the sample was affair use instead of the following with respect each factor on purpose and character of the infringing use the new user was transformative because it did change a couple of words in the recording and was intended to describe
drake and jay z which the original recording clearly was not doing the nature of the beast dork the court calls this on important because of the transformative because it's transformative the amount of substantial arty of the infringe work that was used favors the defenders because he only took a small portion.
And it was just what was necessary to make the work transformative ok and economic impact of the invaders use.
Also favorites defender because one and spoken word in one is rapping those are two very different markets according to the corpus.

[1:02:24] Songs by to me also out of the southern district new york which
actually district court with a second circuit let's talk about tattoos because we do i wonder if we look back around up so we have attached case in how many years but tattoo interactive developers of the nba two k video games series i was suit under copyright law over various
play tattoos in the game
record mosley discuss the use of the tattoo as within a tattoo list not exclusive license green into anyone permitted use that players lightness
the court did touch briefly on fair use only discussing transformative this so if we're gonna have
play lightness in the game their tattoos come with them and what's on their body the tattoos in the games are used for the purpose of accurately depicting the players
what are the tattoos were originally created as a man's for the players to express themselves their body art quit that was a quote this was.
Sufficient to warren g finding affair using the case so it was transformative one expressing yourself with your body art too.

[1:03:38] If we're going to show you reality with your tattoos come along with it when a burbank
hey portal show choir was suede over the yusef certain songs in a rage beats performed by group so that i music publishing company suede
show choir of the songs in their arrangements was a fairy use they said that the show in question was a show peace to rework pieces from multiple songs created news story rearranging.
The songs for that purpose this was transformative and favoured,
the various finding it's the first factor purposing character on the nature of the in french word the climb was the original arrangements and lyrics are creative and their for that's effect red flavor of the planets the mountain substantially the court
the cleaners twenty seconds of the song in question but repeatedly within the arrangement
most importantly the songs one last cry show peace with a very different meaning so they help that favorite the choir and the academy is impact side.
These are not substitutes the choir use this twenty second clip for bit from the song and so they said that wouldn't have been a significant impact something there.

[1:04:55] Also out tonight circuit the jersey boy division i feel like we just talked about that last month as well over the mountain before but i'm probably the only person in the united states that has not seen the musical.
I know it's only list so jersey boys the musical chrome chronicle the musical quartet the four seasons one of the band members and ghost rider collaborated on a autobiography of that band member in
what's jersey boys took off on broadway the ghost rider which with dr about four is a his name disease but it is in texas attorney.
I his is with brockhampton claims legend the musical
in french on the copyrights in the book after a very long process more than ten years i think add the district court found much of the election friend infringement was based on unprotected bull elements and that the info
if there was any whisperer use the ninth circuit said there is no and french montana did not even reach the issue furious so sorry the district court said on the infringement was based on unprotected but elements and.

[1:06:05] It wasn't infinite was really use the ninth circuit said we're not even getting to the previous question just now in frenchmen i think that was maybe,
i don't know two thousand seven two thousand eighteen thousand nine somewhere in their feel i feel like it was last it for more than ten years.
nicki minaj bas song sampling tracy chapman have i didn't get clearance for it she went on a radio show where the dj funk master flex
leave to the song demo so chapman sued for corporate in frenchman on there's no question of the song simple chapman the champions work didn't have copper protection
but the finding faith bart and liability keep making me off the hook it was a demo tape
set the court on the person character this was a demo tape not intended to get out that favorites management furious the nature of the inference work favors minaj because chapman song is clearly.
I'm sorry against me because it was actually protected the amount and substantial of the unfriended work was no more than necessary
hey portal to the court that their for favorite magic the economic impact on the
on the existing work market for chapman's working anyway and that wasn't favorite furious so.

[1:07:28] Ok one
photograph case ferry use this is kind of a fun matt photograph of van halen frankenstein guitar as part of a web page.
Continue info about instruments of rock and roll the photograph first sue for copyright infringement but the court found it was funny use a fairy use looking at purposing character they
play the end on transformative because the photo was mean to show that van halen was a groundbreaking musician
weather matthews the photo to show it as a historical artifact the nature of the unfinished work,
cordon give that wait one where the other i melt and substantial unity of the inference work the photo was used in its entirety
when does not against furious because the email was quote reasonable and lite of our favorite word transformative purpose.
Economic impact the markets are vastly different considering.
The transformative person purpose so that transformative factor showed up in.

[1:08:42] Three out of four factors in the factory did show up in there was no conversation at all.
Wow i just can't hitting me i'm not sure that i read a summary where transformative was clearly played in the.

[1:09:02] Three forecasters
what are we looking at upcoming in twenty twenty one the shape of water claims that the shape of water
what's a rip off of david snell 's nineteen sixty nine play let me hear you whisper and dismiss the complaint against fox searchlight pictures.
I have a look at the plot setting themes pacing mode dialogue characters in the two words and filter out what wasn't protectively.
Including me some similar some minor similarities the film on the book of knots substantially similar to play appeal the ninth circuit said.
Those end of ultimo has satisfy both of extreme account in transit tests for substantial similarity only the extreme tests application can be decided.
One motion to dismiss and cautioned against dismiss for lack of substantial similarity in such motions saying that.
It's wanted only if it's a matter of lawless similarities between the two weeks are only and i'm comfortable immaterial or dominos.
Looking for additional evidence extra test mother wouldn't it in the objective review needed to determine,
extend qualitative importance of the similarities as well as a eliminate weather any similarities are mirror unpredictable literally drops or senses fail so remanded for further proceedings will would be.
Learn more about the case i'm sure.

[1:10:29] Yeah we wonder will we continue to hear about google v oracle america because evidently put that in our rap last year to look for it for twenty twenty.

[1:10:41] When we mentioned last year stating the court will quote decide whether copy of a software
computer program constitutes furious
locate after being grenade search in november twenty nineteen finally home arguments and october twenty twenty so we should see a decision in twenty twenty one
and back in episode nine hundred and twenty-three we begin talking about a filing the.
The state of sir arthur conan doyle's the lost world in nola homes
and having fun to the public domain the a state that the homes characters transformation from beauty and the beast
two capable of frenship in later novels
myla lone b the basis of a copyright claim netflix and slim the suit saying coverlet doesn't allow ownership of generic concepts like warmth kindness empathy and respect even express by a public domain characters that were watching to see where this one ends up.

[1:11:56] Has implications for character copyrights across the entertainment industry so that something to watch for watched if you watched netflix.
I confess that i tried to watch it i lost interest prakash ok so johnny my husband.
What ladies and young ladies must watch i think the target audience is women
and if you have a daughter union to watch this i just their
material out there into it in stepfather for women and girls as it is for unforgotten no question about instead of the,
it looks like a good show.

[1:12:47] Will it actually i would love it if it been a series i love the that the character of a nola bounce s. o. m. b. s the mother which i just.
Don't remember how much is mother was vetted out in some of those i tried read some of originals sherlock holmes because we talk about it so much
i don't remember much discussion of the mother
yeah lost in you want to bring up a couple of things go to be looking out for in twenty twenty one.
Represent independence songwriters independent music publishers and you don't have them registered yet
for the m l c the mechanical licensing collective you gotta be done
this month get it done as soon as you can it's not to say you know there's a drop dead date but it kind of years they take over for a chunk
are the collection related to streaming in downloads in the united states where kind of always to see how it's gonna happen out amens are gonna change go to the mtc dot com
get registered we talk about we think they case act make humans to play so am i have a copyright claims small.

[1:14:09] Play the score and hey if there doing all of the decisions remotely.
I'd like to be put into baby be considered for a judge but ok power is listening there you go.
And i believe tomorrow or before the end of the year a.
Proposed revisions to the dmx c. a are going to be coming out.

[1:14:44] So there's been a lot of review and there's going to be performed and so we are going to be talking about that in two thousand.

[1:14:52] Twenty twenty one for sure that's just a couple of things i just tagged on to the end of my end of my lists like that we gotta make sure we can we.
Forecast this in seattle ride around that's gonna be for this episode of entertainment.
I wanna say thank you to the loyal listeners for spending your time of this if you're new listener welcome if you have any feedback for us and we hope that you do you can leave it for us using the voice widget on the website
entertainment dot com,
email in gmail dot com is happy new year much much better than one
and the camera is always thank you.
Thank you happy hanukkah merry christmas and happy new year for all of the firework family focus can find me online at tamara bennett
go on social media sites bennett law dot com
for my website and everybody have a have just a joy field holiday season and you know what i can't wait to see what twenty twenty one is gonna bring a sock as i know it's gonna be amazing
i don't from gordon gordon fireworks los angeles california the website firework dot com in the email addresses g. o. a. t farmer dot com.

[1:16:19] I can find me on social media website has g fire mark as well lets also say thanks very much and happy holidays too our volunteer contributors managing editor john janice.
No hear odesza john rap old charles thorne marc benjamin haley mccullough elizabeth villagers annapolis and brendon urie buckle.
And without say that rap stop this episode of entertainment tonight.

[1:16:44] Music.