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Entertainment Law

  • Diddy’s @Infringement Instagram Post

    In today’s age of rapid fire social media, posting to feed the ever growing hunger of a digitally connected audience has become second nature to celebrities and other influencers.  In fact, the larger the number of followers, the greater the compulsion to constantly connect.  And that’s where the problems can ... Read More
    Source: The IP Law BlogPublished on 2017-07-13By Scott Hervey
  • When is Making a Movie Not an Act of Free Speech?

    I admit that the title of this article may be a bit deceiving.  Making films, like any other production of art, is almost always an act of free speech.  However, the Ninth Circuit was recently faced with a dilemma of determining this issue in connection with an anti-SLAPP motion brought ... Read More
    Source: The IP Law BlogPublished on 2017-06-29By James Kachmar
  • Lawsuits are the Inevitable Cost of YouTube Success

    Whenever there is a report of a YouTube creator being sued for copyright infringement, the response from the creator and the community seems to be one of shock and surprise.  The truth is, successful YouTube content creators should not be surprised when they get sued for copyright infringement.  Any person ... Read More
    Source: The IP Law BlogPublished on 2017-04-27By Scott Hervey
  • Stipulated preservation order in Malibu v Doe 16 cv 1325 SDNY

    After some negotiation, the parties entered into a stipulated preservation order in Malibu Media v. Doe, a Southern District of New York case: January 27, 2017, Stipulated Preservation Order, Hon. Jesse M. Furman, District Judge Ray Beckerman, P.C. ... Read More
    Source: Recording Industry vs The PeoplePublished on 2017-01-28By Ray Beckerman
  • Paramount and Star Trek Fan Film Producers Settle

    Paramount and Star Trek Fan Film Producers Settle The copyright infringement lawsuit between Star Trek fan film producer, Axanar Productions, and Paramount Pictures came to an end less than two weeks before trial.  The settlement was undoubtedly triggered by the court’s early January ruling that the fan fiction film, Prelude ... Read More
    Source: The IP Law BlogPublished on 2017-01-26By Scott Hervey
  • “It’s In The Game” – Proof Issues In Software Copyright Infringement Cases

    A recent Ninth Circuit decision in Antonick v. Electronic Arts, Inc. (filed Nov. 22, 2016), shows some of the proof issues that a plaintiff may encounter in prosecuting claims for copyright infringement in connection with software.  A jury found in favor of plaintiff’s claims of infringement; however, the trial court ... Read More
    Source: The IP Law BlogPublished on 2017-01-05By James Kachmar
  • From Rogue One to Forces of Destiny: A Star Wars Intellectual Property Story

    With last weekend’s release of Rogue One: A Star Wars Story, Star Wars is once again living and thriving. Rogue One opened with a most impressive $155 million opening in North America, and $290 million worldwide, making it the 12th largest opening in United States History. Now, this isn’t really ... Read More
    Source: The IP Law BlogPublished on 2016-12-22By Josh H. Escovedo
  • Phasers Set to Stun – Star Trek and Fan Film Producers Trade Copyright Shots

    Fan films and fan fiction ordinarily don’t end up being the subject of a federal court lawsuit.  Most fan fiction are creative expressions reflecting adoration of a series, film or character and the majority of copyright owners take a permissive view of fan fiction.  However, Paramount Pictures, the owner of ... Read More
    Source: The IP Law BlogPublished on 2016-12-15By Scott Hervey
  • Federal Circuit Takes A Common Law Approach to “Abstract Idea” Determinations in Alice Cases

    By:  Eric Caligiuri In Amdocs (Israel) Ltd. v. Openet Telecom Inc. et al., the U.S. Court of Appeals for the Federal Circuit recently upheld four software patents against a patent-eligibility challenge, finding that the patents do not claim an “abstract idea.”  The patent challenge was under the frame work set ... Read More
    Source: The IP Law BlogPublished on 2016-11-17By Eric Caligiuri
  • Luxo Shuts the Lights Out on Disney’s and Pixar’s Merchandising of Luxo Jr.

    It is no secret; the Disney Corporation is a marketing and merchandising powerhouse. It has achieved that reputation by capitalizing on almost every marketing and merchandising opportunity that comes its way. If you have kids, the odds are you have been subjected to the Disney Corporation’s influence on more than ... Read More
    Source: The IP Law BlogPublished on 2016-09-30By Josh H. Escovedo
  • Judge Locke denies motion to quash in Malibu Media v Doe, stay lifted

    In Malibu Media v. Doe, EDNY 15-3504, Judge Locke has denied the defendant's motion to quash, and lifted the stay on all of the EDNY Malibu Media cases, which had all been consolidated. The Court accepted the representations of plaintiff's expert, a Michael Patzer of a company called Excipio, that ... Read More
    Source: Recording Industry vs The PeoplePublished on 2016-08-24By Ray Beckerman
  • Second Circuit rules for Vimeo on DMCA issues in Capitol Records v Vimeo

    The US Court of Appeals for the Second Circuit has overturned those parts of the District Court's rulings which were in favor of the plaintiff record companies in Capitol Records v. Vimeo. The Court decided three major issues under the Digital Millenium Copyright Act. 1. It totally rejected the 2011 ... Read More
    Source: Recording Industry vs The PeoplePublished on 2016-06-17By Ray Beckerman
  • Disney’s Influence on United States Copyright Law

    If you’ve ever applied for, or researched copyright law, you likely learned one thing above all else: it’s not a perpetual right. So, how, you might wonder, have companies like The Walt Disney Company managed to maintain copyrights on certain creations for almost 100 years? In the case of the ... Read More
    Source: The IP Law BlogPublished on 2016-02-18By Josh H. Escovedo
  • All EDNY subpoenas stayed by Judge Locke, due to “serious questions” raised by motion to quash

    A motion to quash was made by one of the many John Doe defendants in the Eastern District of New York Malibu Media cases. The defendant was represented by Chejin Park, Esq., of Flushing. Due to the "serious questions as to whether good cause exists in these actions to permit ... Read More
    Source: Recording Industry vs The PeoplePublished on 2015-10-07By Ray Beckerman
  • Fair Use and YouTube – a Creator’s Take

    Scott Hervey, an entertainment attorney and shareholder with Weintraub Tobin, and Rian Bosak, VP of Network Operations with Fullscreen presented “Fair Use and YouTube – a Creator’s Take” to a packed house during VidCon 2015.   Fair Use and YouTube – A Creator's Take from weintraubtobin ... Read More
    Source: The IP Law BlogPublished on 2015-07-29By Scott Hervey
  • Lloyd’s Likeness: A Hat Trick to Superstardom and Mega Endorsements

    Unless you have been living under a rock for the last week, you know who Carli Lloyd is. If, however, you do not, she is the reigning World Cup MVP for Team USA. On Sunday, in perhaps the most astonishing World Cup performance of all time, Lloyd scored a hat ... Read More
    Source: The IP Law BlogPublished on 2015-07-10By Josh H. Escovedo
  • Judge Hellerstein denies Malibu Media discovery motion

    In a recent decision in the Southern District of New York in Manhattan, in Malibu Media v. Doe, 15 CV 4369 AKH, Judge Alvin K. Hellerstein has denied Malibu Media's ex parte motion for permission to serve a subpoena on the internet service provider.July 6, 2015, Decision of Hon. Alvin ... Read More
    Source: Recording Industry vs The PeoplePublished on 2015-07-09By Ray Beckerman
  • Live Streaming Apps Raise New/Old Copyright Concerns

    By: Scott Hervey Periscope (owned by Twitter) and Meerkat are two new “live streaming” apps which allow users to live stream videos from their phones.  These applications could potentially change the way live sporting or music events are broadcast or change the way news footage is gathered.  They can also ... Read More
    Source: The IP Law BlogPublished on 2015-05-08By Scott Hervey
  • UMG v Grooveshark settled. No money judgment against individual defendants

    UMG v. Escape Media, UMG's case against Grooveshark, has been settled just prior to trial. Under the terms of the settlement a judgment for $50,000,000.00 will be entered against the corporation only, and the corporation will shut down its operations. No money judgment is being entered against the individual defendants.Stipulation ... Read More
    Source: Recording Industry vs The PeoplePublished on 2015-05-01By Ray Beckerman
  • Parameters set for statutory damages trial in UMG v Grooveshark

    In UMG v. Escape Media, UMG's case against the Grooveshark founders, the judge has rendered a decision setting some of the parameters for the statutory damages trial scheduled to begin next Monday. The jury will be instructed that the maximum statutory damages is $150,000, not $30,000, per infringed work, ... Read More
    Source: Recording Industry vs The PeoplePublished on 2015-04-24By Ray Beckerman
  • Capitol Records has spent over $12 million in attorneys fees in Capitol v. MP3Tunes

    In Capitol Records v. MP3Tunes, a recent decision partially granting plaintiff's attorneys fees motion, indicated that plaintiff has spent over $12 million in attorneys fees... so far.April 3, 2015, Decision [Ed. note. Is it just me, or don't you have to wonder where they got that money from?]Ray Beckerman, P.C. ... Read More
    Source: Recording Industry vs The PeoplePublished on 2015-04-04By Ray Beckerman
  • Arista v Grooveshark trial set to begin April 27th

    A trial date has been set in one of the Grooveshark cases, Arista v. Escape Media. The trial will begin Monday, April 27th, in the courtroom of Judge Thomas P. Griesa, room 26B, at the federal courthouse, 500 Pearl Street, New York, New York April 1, 2015, Order setting April ... Read More
    Source: Recording Industry vs The PeoplePublished on 2015-04-02By Ray Beckerman
  • Aereo files for bankruptcy

    Well, it finally happened; Aereo has given up the ghost and filed for bankruptcy. It will be interesting to see whether the the content cartel will be satisfied at having put the company out of business, or will instead look for blood. March 27, 2015, Order, WNET v. Aereo Ray ... Read More
    Source: Recording Industry vs The PeoplePublished on 2015-03-27By Ray Beckerman
  • Individual defendants found liable in Grooveshark case

    In UMG Escape Media, the Court has granted summary judgment finding the individual defendants to be liable for copyright infringement. September 29, 2014, decision granting summary judgment against individual defendants Ray Beckerman, P.C. ... Read More
    Source: Recording Industry vs The PeoplePublished on 2014-09-30By Ray Beckerman
  • New ruling in Capitol v MP3Tunes, reduces punitive damages, denies Robertson motion for new trial

    In Capitol Records v. MP3Tunes, the Judge has denied individual defendant Michael Robertson's motion for a new trial, but reduced the punitive damages award on the state law claims for pre-1972 recordings. September 29, 2014, Decision, denying motion for new trial, and reducing punitive damages Ray Beckerman, P.C. ... Read More
    Source: Recording Industry vs The PeoplePublished on 2014-09-30By Ray Beckerman
  • 2nd Circuit OK’s scanning whole books for research as fair use in Authors Guild v HathiTrust

    In Authors Guild v. HathiTrust, the US Court of Appeals has ruled that scanning whole books for research purposes is fair use. In HathiTrust, a group of universities took digital scans prepared by Google and stored them in a "digital library". The library permitted 3 uses of the material: (1) ... Read More
    Source: Recording Industry vs The PeoplePublished on 2014-06-14By Ray Beckerman
  • Viacom v Google settled out of court (old news)

    I just found out about this today, thanks to an old tweet by Bill Rosenblatt H/T Bill.Viacom v. YouTube has been settled out of court.Ray Beckerman, P.C. ... Read More
    Source: Recording Industry vs The PeoplePublished on 2014-06-05By Ray Beckerman
  • DC Circuit rules no multiple John Doe cases without basis for personal jurisdiction and joinder

    In the first appellate decision of its kind, the D. C. Circuit Court of Appeals has dealt a death knell to the type of mass John Doe fishing expedition cases pioneered by the RIAA and carried on by pornographic filmmakers and other high volume plaintiffs seeking the identity of possible ... Read More
    Source: Recording Industry vs The PeoplePublished on 2014-05-29By Ray Beckerman
  • Class action claim against Harlequin Books for e-book royalties upheld by 2nd Circuit

    In Keiler v. Harlequin Enterprises, a class action royalty claim on behalf of authors whose works were being distributed as e-books by Harlequin was sustained, and the lower court's dismissal of the complaint reversed.The complaint alleged that Harlan, in a scheme to deprive the authors of their contractual royalties for ... Read More
    Source: Recording Industry vs The PeoplePublished on 2014-05-09By Ray Beckerman
  • Second Circuit permits interlocutory appeal in Capitol Records v. Vimeo

    In Capitol Records v. Vimeo, the Second Circuit has granted both sides' motions for leave to file an interlocutory appeal from the lower court's decision partially granting both sides' motions for summary judgment. April 9, 2014, Order granting motions for interlocutory appeal, US Court of Appeals, 2nd Circuit Ray Beckerman, ... Read More
    Source: Recording Industry vs The PeoplePublished on 2014-04-12By Ray Beckerman