‘Bad Girl’ defeats, decisively, infringement claim

When a Club Girl became a Bad Girl, a songwriter got in a delayed huff. But he and his lawyer ignored a fundamental aspect of copyright law, a legal point on which an appellate court just offered a pointed reminder: “co-authors of a joint work are each entitled to undivided ownership and the joint owner of a copyright cannot sue his co-owner for infringement.”

That’s why crooner Usher Raymond is sitting prettier than ever as his 2004 derivative hit, Bad Girl, has won a decisive victory over an attack on it, with a ruling from the the U.S. Court of Appeals for the Third Circuit. U.S. Chief Judge Theodore A. Mckee wrote the decision on behalf of the three-judge panel, which included U.S. Circuit Judges D. Michael Fisher and Joseph A. Greenaway Jr.

They not only sent packing Daniel V. Marino, a co-writer  of Club Girl, a tune from which Usher’s successful record was derived, they also upheld sanctions against his counsel. What happened? (more…)

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Experts to focus on entertainment’s ‘crazy year’

As the digital age makes it easier than ever for anyone to generate original and derivative works while expanding the reach of such creations, how do artists protect their intellectual property? How do producers set up strategic distribution deals with international markets and deal with censorship and other adaptations that may need to be considered? How does the entertainment industry keep pace with the internet and contend with liability matters?

These issues will be the focus of Keeping the Beat in a Crazy Year: Blurred Lines and Border Crossings, the 14th Annual Entertainment and Media Law Conference presented by Southwestern Law School’s Donald E. Biederman Entertainment and Media Law Institute and the Media Law Resource Center (MLRC). The conference will be Jan. 19 at the Los Angeles Times Building. (more…)

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Appellate court gives boot to video game claims

If plaintiffs aren’t clever enough to present the courts with the basics, notably the materials that they assert that others exploited and owe them money for, then judges have no choice but to dismiss their royalties and copyright infringement claims, the U.S. Court of Appeals for the Ninth Circuit has reminded a complaining party smart enough to help create a best-selling video game.

Unfortunately for Robin Antonick, the appellate judges recently blocked his attempt to recover royalties from Electronic Arts Inc. for his claimed work on the industry giant’s top-selling product, the John Madden Football video game.

Antonick was the coder who created the first Madden football vide game in 1988. It was played on the Apple II computer. After the immediate success of that debut version, EA asked Antonick in 1989 to jump on a second version, which would be played on the Sega Genesis and Super Nintendo systems.

But in the middle of 1990, the company told him to stop his work because EA said it had decided to go in a different direction with the amusement. Then, in November, 1990 EA Sports released Madden II, and from 1992 until 1996, the company continued to release regular installments of the game each year for both the Sega and Super NES systems.

Now, more than two decades after creating the celebrated and highly profitable game with its cult following, Antonick sued EA, seeking royalties he claims he was owed on the Sega and Super NES console versions of the game under the contract he signed with the company. (more…)

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Podcasts? Here are 3 on entertainment law

If you’re looking for a way to stay up to date in easy, convenient fashion with key developments in entertainment and media law, why not try a novel, different technology: Podcasts, which hit big in the early 2000s then seemed to fade a decade or so later, have reemerged to become all the rage again. We’re talking Serial, This American Life, Fresh Air, and the many offerings available through National Public Radio and Apple.

There also are at least a trio of Entertainment Law podcasts worth considering for some reasons described below: It’s a subjective call, and there may be options to add.

But in the upcoming downtime connected to the holidays, it may be worth devoting some moments to: the Entertainment Law Update Podcast, Laws of Entertainment with Lisa Bonner, and the Fordham Intellectual Property, Media, and Entertainment Law Journal Podcast. Here’s why, for those with long commutes or the need for informative diversion, to listen up! (more…)

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U.S. magistrate: Toss suit against Bieber, Usher

 

The superstars of the surprising and problematic Virginia lawsuit, of course, would be Justin Bieber and Usher Raymond. But for court scorekeepers, a copyright case brought by aspiring songsters Devon Copeland and his cousin Mareio Overton over the tune Somebody to Love has turned now into a judicial headcount: Let’s tally it as three appellate judges versus a federal district court judge and a federal magistrate.

This latest development has occurred as U.S. Magistrate Douglas E. Miller, acting as fact-finder, has recommended to U.S. District Judge Arenda Wright Allen that she again dismiss the suit by the cousins seeking $10 million in damages from the Beebs and Usher. Copeland Overton claim the pop heavies infringed on their little heard song with their chart topper. Wright Allen earlier had tried to toss the case but was, curiously, overruled by the U.S. Court of Appeals for the Fourth Circuit, where three appellate jurists somehow heard sufficient similarities in the two songs to reverse and remand.

Miller since has reviewed the evidence, and, on some critical issues, wrote in findings issued on Nov. 14 that Copeland simply presented no evidence that any of the defendants in the case ever had access to his song. He has recommended the federal district court dismiss the case on summary judgment, as requested by the superstar duo. Further, though the appellate judges ruled that a reasonable jury might find that the choruses of the versions at dispute were “intrinsically similar,” Miller said, basically, no way. (more…)

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Judge dissects, discards a ‘Machete’ claim

Danny Trejo, a Los Angeles native with a troubled past, has transformed himself into a Hollywood franchise by portraying some mean hombres all too willing to dispense rough vigilantism. But a Utah federal judge, weighing in on a copyright infringement claim vaguely tied to Trejo’s first starring role, has shown how tough the real law can be on unsupported claims.

U.S. District Judge David Nuffer took a legal machete and whacked apart a lawsuit filed by filmmaker Gil Medina, claiming Univision and its El Rey Network  infringed on his 2006 indie movie Vengeance, which he wrote and filmed. It also was the first movie in which Trejeo starred as the lead.

Medina claimed that the broadcasters’ 2010 televising of Machete, a different movie also starring Trejo, infringed on his Vengeance copyright because the two works shared a similar plot and had the same star. No es cierto, the judge ruled. (more…)

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Ollivierra, Lind named Institute co-directors

biederman-leadersSouthwestern Law School has announced that faculty members Neil Ollivierra and Robert Lind will serve as the new co-directors of the nationally recognized Biederman Entertainment and Media Law Institute.

Lind is a Southwestern icon, renowned entertainment law expert, prolific author of preeminent texts and treatises, and a mentor and champion of students and alums alike. Prior to his appointment at Southwestern,  Ollivierra served as in-house counsel to various motion picture and television studios at the highest level of business and legal affairs, including Lionsgate Entertainment (The Hunger Games, The Twilight franchise, Orange Is the New Black, Mad Men) and EuropaCorp (Lucy, Taken, The Fifth Element, La Femme Nikita).

Together, their combined expertise, experience, passion and industry affiliations will help to ensure the continued success and growth of the Institute in the spirit of its beloved namesake, Donald E. Biederman. He was a highly admired teacher, scholar, and pioneer in the world of entertainment and media law and the Institute’s founding director. (more…)

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Will studio win after a decade, 3 court rulings?

Wizard of OZThe solemn, esteemed appellate courts don’t get to tell parties to just buzz off, of course. But after a decade of litigation, will some movie memorabilia product-makers finally give up their campaign to tap images from some of Warner Brothers’ most iconic films and characters?

The U.S. Court of Appeals for the Eighth Circuit, in a second adverse decision, has affirmed lower court rulings against plaintiffs Art and Vintage Entertainment Licensing Agency (AVELA), Dave Grossman Creations, X One X Productions and Leo Valencia. Instead, the court has given the studio yet another legal victory. Specifically, the appellate judges said AVELA et al can’t raise new arguments now and they owe Warner Brothers $2.57 million for copyright infringement.

The appellate judges upheld a permanent injunction in favor of Warner against the plaintiffs, a court order issued as part of a lawsuit launched in 2006, in which the studio accused AVELA et al of acquiring restored versions of movie posters and lobby cards for its films and extracting from publicity materials images of legendary characters like Dorothy, Tin Man, Cowardly Lion, and Scarecrow from The Wizard of Oz, Scarlett O’Hara and Rhett Butler from Gone with the Wind, and Tom and Jerry from the eponymous cartoon show. Warner complained the images violated its intellectual property when they were used on products like T-shirts, lunch boxes, playing cards, and action figures. (more…)

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Tech mogul stays on the hook for $750,000

Michael Robertson (R), CEO of MP3.com, testifies before a Senate Judiciary committee on Capital Hill on the future of digital music, July 11, while Hank Barry (C), CEO of Napster Inc. and Roger McGuinn, member and co-founder of the band The Byrds, listen. MMR/RCSHe’s youthful, handsome, an entrepreneurial dynamo, and his personal wealth has been estimated at times at near a billion dollars. But even for a San Diego tech innovator like Michael Robertson (shown at right), a $750,000 copyright judgment against him personally has to sting, especially when it has been affirmed recently by an appellate court.

The U.S. Court of Appeals for the Second Circuit has ruled against Robertson and his defunct online music storage firm MP3tunes, allowing plaintiffs to pursue further  infringement claims in a long-running lawsuit involving record companies and music publishers once part of EMI Group Ltd.

In EMI Christian Music Group, Inc et al. v. MP3tunes, LLC et al,  music industry plaintiffs not only won what analysts say is their key dispute, the appellate opinion also narrows the circumstances in which Internet service providers (ISPs) can claim safe harbor from copyright liability. (more…)

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