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Entertainment Law

  • Order in Netflix Lawsuit is a Reminder of the Bounds of Copyright Protection
    Virginia Vallejo, a well known Colombian journalist and media personality, authored the memoir “Loving Pablo, Hating Escobar”.  The book is a factual account of her romantic relationship with Pablo Escobar and a chronicle of the rise of the Colombian drug cartel. Vallejo claimed that certain scenes in the television series ... Read More
    Source: The IP Law BlogPublished on 2019-11-15By Scott Hervey
  • It’s Not Water under the Bridge – “Fiji Water Girl” Sues Water Company Over Cardboard Cutout
    For those of you that watched the red carpet happenings at last year’s Golden Globe Awards, you may have noticed the “Fiji Water Girl”, a model standing ready to keep Hollywood glitterati hydrated with bottles of Fiji water, photobombing numerous shots of celebrities.  Her presence on the red carpet created ... Read More
    Source: The IP Law BlogPublished on 2019-02-06By Scott Hervey
  • In-Game “Carlton Dance” Routine Triggers Lawsuit From Fresh Prince Actor Alfonso Ribeiro
    Actors gain notoriety for different reasons.  For some, it’s due to a physical characteristic or an iconic character portrayal.  For Alfonso Ribeiro, it’s a dance.  The dance, which has become known worldwide as the “Carlton Dance,” is a corny dance number performed by Ribeiro’s character Carlton Banks on the 90’s ... Read More
    Source: The IP Law BlogPublished on 2018-12-27By Scott Hervey
  • Right of Publicity Risks For Producers Still Uncertain
    Often writers base characters on complete fiction, drawing from their imagination to build a character’s various facets.  However, on certain occasions a writer may base a character on a living person.  Sometimes such a portrayal is factual and other times it may be a combination of fact and fiction.  Such ... Read More
    Source: The IP Law BlogPublished on 2018-07-05By Scott Hervey
  • Right of Publicity Risks For Producers Still Uncertain
    Often writers base characters on complete fiction, drawing from their imagination to build a character’s various facets.  However, on certain occasions a writer may base a character on a living person.  Sometimes such a portrayal is factual and other times it may be a combination of fact and fiction.  Such ... Read More
    Source: The IP Law BlogPublished on 2018-07-05By Scott Hervey
  • Hall v. Swift: Nothing Original About a Player Hater
    “Cause the players gonna play, play, play, play, play    And the haters gonna hate, hate, hate, hate, hate Baby I’m just gonna shake, shake, shake, shake, shake Shake it off / Shake it off   Heartbreakers gonna break, break, break, break, break   And the fakers gonna ... Read More
    Source: The IP Law BlogPublished on 2018-03-28By Scott Hervey
  • Hall v. Swift: Nothing Original About a Player Hater
    “Cause the players gonna play, play, play, play, play    And the haters gonna hate, hate, hate, hate, hate Baby I’m just gonna shake, shake, shake, shake, shake Shake it off / Shake it off   Heartbreakers gonna break, break, break, break, break   And the fakers gonna ... Read More
    Source: The IP Law BlogPublished on 2018-03-22By 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
  • 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