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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
  • 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
  • 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
  • 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
  • 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
  • “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
  • 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
  • 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
  • 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
  • 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
  • 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