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 was the case, claimed legendary… Continue Reading
Category Archives: Entertainment Law
Subscribe to Entertainment Law RSS FeedHall v. Swift: Nothing Original About a Player Hater
Posted in Entertainment Law, IP Law Blog Lawyers In The News“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 fake, fake, fake, fake, fake Baby I’m… Continue Reading
Diddy’s @Infringement Instagram Post
Posted in Cyberspace Law, Entertainment Law, Web/TechIn 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 arise. The facts underlying the… Continue Reading
When is Making a Movie Not an Act of Free Speech?
Posted in Copyright Law, Entertainment Law, Legal Info, Trademark LawI 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 against a screen writer who… Continue Reading
Lawsuits are the Inevitable Cost of YouTube Success
Posted in Copyright Law, Cyberspace Law, Entertainment Law, Web/TechWhenever 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 or company that creates content… Continue Reading
Paramount and Star Trek Fan Film Producers Settle
Posted in Copyright Law, Entertainment Law, Patent Law, Trademark LawParamount 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 to Axanar, is not protected… Continue Reading
“It’s In The Game” – Proof Issues In Software Copyright Infringement Cases
Posted in Copyright Law, Entertainment Law, Patent Law, Web/TechA 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 granted the defendant’s motion for… Continue Reading
From Rogue One to Forces of Destiny: A Star Wars Intellectual Property Story
Posted in Copyright Law, Cyberspace Law, Entertainment Law, Trademark LawWith 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 related to intellectual property, but… Continue Reading
Phasers Set to Stun – Star Trek and Fan Film Producers Trade Copyright Shots
Posted in Copyright Law, Entertainment LawFan 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 the Star Trek franchise, which… Continue Reading
Federal Circuit Takes A Common Law Approach to “Abstract Idea” Determinations in Alice Cases
Posted in Copyright Law, Entertainment Law, Legal Info, Patent Law, Trademark Law, Web/TechBy: 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 out by the U.S. Supreme… Continue Reading
Luxo Shuts the Lights Out on Disney’s and Pixar’s Merchandising of Luxo Jr.
Posted in Entertainment Law, Patent Law, Trademark LawIt 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 one occasion. In fact, even… Continue Reading
Disney’s Influence on United States Copyright Law
Posted in Copyright Law, Entertainment LawIf 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 Walt Disney Company, the answer… Continue Reading
Fair Use and YouTube – a Creator’s Take
Posted in Entertainment Law, Speaking EngagementsScott 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
Lloyd’s Likeness: A Hat Trick to Superstardom and Mega Endorsements
Posted in Entertainment LawUnless 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 trick in just the 16th… Continue Reading
Live Streaming Apps Raise New/Old Copyright Concerns
Posted in Copyright Law, Entertainment LawBy: 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 be used by a viewer… Continue Reading
Davis: Electronic Arts Gets a New Set of Downs and Still Can’t Score
Posted in Entertainment Law, Trademark LawJust over a month ago I wrote about the Davis v. Electronic Arts matter that was pending before the Ninth Circuit Court of Appeal. Specifically, I opined that the matter was ripe for Supreme Court review in light of the circuit split that is developing with respect to the misappropriation of likeness in video games. … Continue Reading
Electronic Arts and its Disrespect for the Game
Posted in Entertainment LawOn September 11, 2014, the Ninth Circuit heard oral argument on the appeal in Davis v. Electronic Arts (Case No. 12-15737), a class action lawsuit brought by three former NFL Players against Electronic Arts (“EA”), the publisher of the renowned Madden NFL Games. Michael Davis, Vince Ferragamo, and Billy Joe Dupree claimed that EA violated… Continue Reading
Congratulations to our client, AudioMicro, Inc. for its top listing on Deloitte’s 2014 Technology Fast 500 Ranking!
Posted in Entertainment LawWhen is Enough Really Enough? The Importance of Experts in Music Copyright Infringement Actions
Posted in Copyright Law, Entertainment LawOn June 17, 2014, a federal judge in Illinois granted summary judgment to Stefani Joanne Germanotta against plaintiff, Rebecca Francescatti, in a copyright infringement matter because he found that no reasonable trier of fact could find that Ms. Germanotta’s song, “Judas,” is substantially similar to Ms. Francescatti’s song, “Juda.” You may wonder, why you should… Continue Reading
No E-Smoking Please, We Are European!
Posted in Entertainment LawFor those of us old enough to remember, the bars, restaurants and salons of Europe were once literally awash in smoke so thick you could cut it with the proverbial knife. Starting at least a decade ago, however, certain EU countries began requiring extremely large, graphic health warnings on all tobacco products that were 60%… Continue Reading
Did The California Court Of Appeals Transform The Transformative Use Test in Right of Publicity Cases?
Posted in Entertainment LawBy: Scott Hervey Every practitioner should teach law school at least once. This year I am teaching Entertainment Law at the University of California at Davis. (Although flying up from and back to L.A. once a week can be a bit of a drag, so far it is a good experience.) Finding issues to trigger discussion… Continue Reading
GoldieBlox v. Beastie Boys – “Girls To Bring A Lawsuit”
Posted in Copyright Law, Entertainment Law, Trademark LawBy: Scott Hervey From all appearances, it would have been a fight worth watching. In one corner was the Beastie Boys, the Brooklyn bread, 80s powerhouse rap group; they aggressively enforce their intellectual property rights and have never allowed their music to be used in advertisements. (This commitment was so important to the group that in his… Continue Reading
Roots, Reggae, Remixes – and Litigation
Posted in Copyright Law, Entertainment LawBy James Kachmar The great reggae musician Bob Marley passed away more than 30 years ago. Nevertheless, litigation surrounding his music legacy continues on. The Ninth Circuit recently issued an opinion in Rock River Communications, Inc. v. Universal Music Group, Inc. that dealt again with the issue of who owns the rights to Mr. Marley’s music. Rock River… Continue Reading
“Lost” and the Independent Creation Defense
Posted in Entertainment LawBy James Kachmar We’ve become used to lawsuits being filed after a movie, TV show or song becomes a popular hit. Generally, once a show or song hits number one, someone files a lawsuit claiming that the song or show was their “idea”. ABC’s hit show “Lost” is no different. In 2009, Anthony Spinner, a television producer,… Continue Reading
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