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 sitcom “The Fresh Prince of… Continue Reading
Tag Archives: Entertainment Law
Five IP Pitfalls That Start-Up (and Grown Up) Companies Can Easily Avoid
Posted in Copyright Law, Legal Info, Patent Law, Trade Secrets, Trademark LawIn business, there are numerous opportunities for pitfalls, mistakes and errors and they come up in all different legal areas – from basic formation issues to labor and employment to intellectual property. Mistakes and missteps involving intellectual property can be particularly problematic because IP is a company asset; it constitutes a part of (often a… 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
Hopping Into A Lawsuit
Posted in Copyright Law, Entertainment LawBy Lisa Y. Wang Back in the day when I used a VCR to record TV shows (one that forwarded through commercials by itself no less), it was impossible to imagine that something like TiVo and DVRs would be in over 50% of American homes. In May 2012, Dish Network took digital recording a step further. Its… Continue Reading
Weintraub Tobin and LAVA Digital Media Group present panel discussion on Digital Media and Food
Posted in Entertainment LawJoin Us April 23! Weintraub Tobin and the LAVA Digital Media Group will host a panel discussion: "How Has Digital Media Changed the Way We Interact with Food" on Tuesday, April 23. Whether it’s finding a place to eat, sharing recommendations on your favorite dishes or ordering food online, investors have been hungry (sorry for… Continue Reading
Lindsay Lohan Finds Herself on the Wrong Side of New York’s Right Of Publicity Statute
Posted in Entertainment LawBy Scott Hervey This isn’t the first time a songwriter has used a celebrity’s name in a song, but it may be the first time a celebrity sued over such use. Musical writer and performer Armando Perez, well known by his rap name Pitbull, wrote and recorded the song “Give me Everything.” Approximately one third… Continue Reading
Vote for David Garibaldi on tonight’s “America’s Got Talent”
Posted in Entertainment LawLocal artist (and Weintraub client) David Garibaldi will perform live on tonight’s episode of NBC’s "America’s Got Talent." And he needs your votes to ensure he makes it to the next round. David Garibaldi, 29, and his CMYK’s are among America’s Got Talent’s Top 48 contestants who are competing to win a $1 million prize. The… Continue Reading
All we need is just a little (more) patience — Sync license dispute threatens to derail any hope of Guns N’ Roses Reunion Show
Posted in Copyright Law, Entertainment LawBy: Zachary Wadlé On April 14, 2012 in Cleveland, Ohio, iconic rock band Guns N’ Roses will be inducted into the Rock and Roll Hall of Fame. The induction comes 25 years after original members Axl Rose (lead vocals), Saul Hudson aka “Slash” (lead guitar), Izzy Stradlin (rhythm guitar), Duff McKagan (bass), and Steven Adler… Continue Reading
Congratulations Is Due
Posted in Entertainment LawCongratulations to our clients, executive producers Jason Hervey and Eric Bischoff, on Nick At Nite’s pick up order of twenty episodes of the network’s first original scripted comedy pilot, Daddy’s Home, starring Scott Baio. For the full story, please click the link to visit Deadline Hollywood: http://www.deadline.com/2012/03/nick-at-night-picks-up-scott-baio-family-comedy-to-series/
Revisiting the “Safe Harbor” Provisions of the DMCA
Posted in Copyright Law, Entertainment Law, Web/TechBy: James Kachmar In late December, the Ninth Circuit revisited the “safe harbor” provisions of the Digital Millennium Copyright Act (“DMCA”) in the case UMG Recordings, Inc. v. Veoh Networks, Inc., 101 U.S.P.Q.2D (BNA) 1001. Veoh is a web service that allows users to view videos uploaded by other users. Veoh was sued for copyright infringement… Continue Reading
Hollywood and Silicon Valley Spar Over Proposed “Stop Online Piracy Act”
Posted in Copyright Law, Cyberspace Law, Entertainment Law, Web/TechBy Zachary Wadlé On Oct. 26, 2011, the Stop Online Piracy Act “SOPA” (H.R. 3261) was introduced in the United States House of Representatives. One of SOPA’s primary goals is to address the continuing problem of online digital piracy of counterfeit movie, music, and other copyrightable works engaged in through foreign websites. The 1998 Digital Millennium… Continue Reading
The Supreme Court Shoots Down California’s Violent Video Game Statute
Posted in Entertainment LawBy Scott Hervey A California statute signed into law in 2005 by Governor Schwarzenegger was struck down by the United States Supreme Court on June 27 for running afoul of the First Amendment. The law prohibited the sale or rental of “violent video games” to minors; violations were punishable by a civil fine of up to… Continue Reading
No Doubt v. Band Hero – A Further Test of Celebrities Right of Publicity
Posted in Entertainment Lawby Scott Hervey The rock band No Doubt had serious doubts about the way they were being portrayed in Activision’s video game Band Hero. No Doubt had licensed the likeness of its members for use in the video game but ultimately objected to Activision’s use and claimed that such use was outside of the scope of… Continue Reading
“First Sale” doctrine allows radio disc jockeys and music critics who are provided with promotional CDs to resell such CDs without infringing the copyright holder’s copyright in those CDs
Posted in Copyright Law, Entertainment Lawby David Muradyan Do promotional CDs sent by music recording companies to radio disc jockeys and music critics which contain labels restricting distribution of the CDs and purport to create a license agreement actually create a license agreement between the recording company and the recipient, thereby rendering inapplicable the “first sale” doctrine—an affirmative defense to… Continue Reading
Technicalities Surrounding Statutory Damages Under The Copyright Act Trigger Suit Against Law Firm Prosecuting Online Infringement Actions
Posted in Copyright Law, Cyberspace Law, Entertainment LawBy Scott Hervey The motion picture industry’s battle against cyber piracy took an interesting twist when an individual who allegedly engaged in the illegal downloading of the movie Far Cry filed a lawsuit against the Copyright Group and the law firm that has filed numerous suits against thousands of alleged infringers. To date, the… Continue Reading
Hallmark Cards Raises Unique Defense to Paris Hilton’s Right of Publicity Claim – That’s Hot
Posted in Entertainment Law, Trademark Lawby Scott Hervey This is about a birthday card. Not just any birthday card mind you. This birthday card, produced by Hallmark Cards, depicts a cartoon waitress, dressed in an apron, serving food to a restaurant customer. However, not just any waitress could create such a controversy requiring an appeal to the 9th Circuit. This waitress has, for her… Continue Reading
Taster’s Choice – Appropriation of Likeness and the Statute of Limitations
Posted in Entertainment Lawby James Kachmar In Cristoff v. Nestle USA, Inc., the California Supreme Court issued guidance in determining when the statute of limitations runs on a claim for appropriation of likeness. Russell Cristoff, the plaintiff, was a professional model who posed in 1986 for a photo with him gazing at a cup of coffee. Cristoff was paid $250… Continue Reading
Ninth Circuit Ruling on Texting Provides Guidelines For The Marketing Industry
Posted in Entertainment Law, Privacyby Scott Hervey A ruling earlier this month by the Ninth Circuit provided three guidelines all marketing experts and their counsel should take note of. These guidelines address the extent to which the Telephone Consumer Protection Act (“TCPA”) (and most likely other Federal regulations on telemarketing) impacts texting as part of a marketing campaign. In… Continue Reading
Shameless Promotion: Watch Hulk Hogan’s Celebrity Championship Wrestling on CMT
Posted in Entertainment Law, IP Law Blog Lawyers In The News, Speaking EngagementsShameless Promotion: IP Law Blogger and WGC partner, Scott Hervey, served as production counsel for Hulk Hogan’s Celebrity Championship Wrestling. Be sure to tune in October 18th. Go to www.hulkhogan.com to view the show’s trailer.
Football’s Voice of God Sues NFL Films for False Endorsement
Posted in Entertainment Law, Trademark LawBy Scott Hervey John Facenda is a football legend. His deep, baritone voice is “distinctive,” some say “legendary.” Without question, for most football fans, John Facenda was the voice of NFL Films. For decades Facenda worked for NFL Films as an off camera commentator. He worked on a session by session basis under an oral agreement, receiving… Continue Reading
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