Actors’ ages can be posted online, court says

Is it proper to ask thespians their age? It is, a federal judge in San Francisco says.

U.S. District Judge Vince Chhabria recently ruled on a request for an injunction against it that a California law, which prevents the film and television information website IMDB from posting actor’s real ages, is out of bounds and cannot be enforced.

While the law’s aim was to prevent age and gender discrimination in casting, the judge held that the law likely abridges expression of non-commercial free speech, writing,  “it’s difficult to imagine how AB 1687 [the law] could not violate the First Amendment.” (more…)

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Talent agency, casting workshops charged

LA City Attorney files raft of Krekorian Act cases

Delores White, an Inglewood mom, thought her daughter, “Mia B.,” had star potential. White started working with Network International Models and Talent, a Beverly Hills firm that she hoped would boost her child’s career. After signing a one-year contract with Patrick Arnold Simpson and Paul Atteukenian of the firm, White paid $700 them for pictures of her daughter to develop her “portfolio.” The two men then got the family to pay them upwards of $8,000, in advance, to allow the daughter to participate in a modeling conference in New York.

But mother White got suspicious of the mounting upfront fees and contacted authorities. They have confirmed her worst worries. Officials led by Los Angeles City Attorney Mike Feuer (at lectern in photo right) have filed seven criminal charges against Simpson, 48, and Attekeunian, 51, accusing them of violating California’s Krekorian Act  by charging a client up-front fees and falsely representing Network International Models and Talent as a licensed talent agency. They were charged with petty theft, attempted grand theft, and criminal conspiracy. If convicted, each could face up to four years in jail and $33,500 in fines.

Authorities followed on the Network International case with charges in a separate Krekorian Act prosecution against 28 defendants, including 18 casting directors, associates or assistants who were guest “instructors” at five  casting workshops, which officials asserted were “pay to play” businesses barred under the act. 

These were the seventh and eighth sets of publicly announced prosecutions by the City Attorney’s Office under the act. It serves as a reminder that Los Angeles, while a star-making capital, also can be rife with dubious ways to develop talent. The existence of the Krekorian Act, and its recent updates, also serve witness to key ways that aspiring stars and their supporters can avoid scams—by watching out for anyone who wants to take money up front from them and being wary of promises that sound too good to be true, and, now that are carried by modern means like social media or the Internet. (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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New Calif. law captures some of the burning anger about ageism, sexism in Hollywood

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Amy Schumer’s parody of Hollywood gender and age bias

Although the adage holds that “it’s never polite to ask a lady her age,” in Hollywood, the very point of view captured in that aphorism has itself become a new flashpoint. That’s because women, unions, politicians, industry executives, and those who run online sites are struggling with the unhappy reality that in Tinsel Town “leading men age but their love interests don’t.”

For many actresses, age isn’t simply a number— it is leading reason why some will be passed up for a role. Just ask Maggie Gyllenhall, who recently was  told that “37 is ‘too old’ for a 55-year-old love interest.” Ageism, as industry critics have decried, is widespread and rampant for actresses, especially for those older than 34.

As more headlines detail Hollywood’s woes with ageism and sexism,  in anecdotal tales from the industry’s leading ladies, in infamous corporate hacks, and in comedy sketches parodying the situation, the movie industry is showing how hard it is grappling for solutions to its long-accepted issues with biases.

But is the right response to these incendiary issues to be found in California laws? There’s a new one that will require select websites, starting in Jaunuary, to pull down performer’s ages upon request. Gov. Jerry Brown supported and recently signed AB 1687. Since its enactment, the Internet has been abuzz over this bill. Why? (more…)

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How offensive will high court allow marks to be?

The SlantsFour white men, two white women, a Latina, and an African-American soon will decide how blunt, vulgar, and racist trademarks in the United States may be. This esteemed, older, and not necessarily greatly diverse group will consider whether Asian American musicians may “re-appropriate” Slants, a traditional slur against their ethnic group, and obtain formal, legal exclusivity and commercial protections for that term.

But Redskins, another racial term deemed offensive and derogatory, especially to Native Americans, another minority group in this country, will not be part of the deliberations for now by, of course, the justices of the U.S. Supreme Court.

Their impetus for examining the issue of “scandalous, immoral, and disparaging,” trademarks — a topic this blog has taken up before — resulted from an appeal by no less than Uncle Sam, who said the important issue had gotten unclear and messy for the multicultural nation. Here’s why: (more…)

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An appellate reverse on records law for movies

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The movie industry long has fought any efforts to impose content-based restrictions, with the courts and the law recognizing and giving wide berth to Hollywood’s First Amendment privileges.

But a surrogate sector of movie making–the billion-dollar adult entertainment industry–almost from its start has borne the brunt of efforts to impose government restrictions, also battling in the highest courts over whether blue laws are reasonable or outright censorship. These movies makers scored a win recently when the U.S. Third Circuit Court of Appeals threw out a lower court decision and ruled in their favor on a case involving performers and film-makers’ need to maintain records about them.

Though proponents of the requirements said they provided a deterrent to exploitation of under-age actors and actresses and a tool to combat child pornography, which isn’t constitutionally protected, opponents said the rules edged into the territory of content controls barred by the First Amendment. (more…)

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Will cable boxes go bye-bye, content increase?

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Is it time to say goodbye to cable companies’ set-top transmission boxes, the monthly charges that come with them, and a possible entertainment content choke point?

The FCC has approved a Notice of Proposed Rule Making to allow consumers to access cable and cable programming through other means, not just cable companies’s set-top boxes.

The FCC had released a fact sheet in January that detailed the reasoning behind this shift. The agency says that “99% of pay-TV subscribers are chained to their set-top boxes,” that they pay “on average $231 in rental fees annually” per household, and that these new rules will “tear down anti-competitive barriers and pave the way for software, devices and other innovative solutions.” Like what? (more…)

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Justices decline Apple’s appeal on e-books

appleApple is on the hook now to the tune of $400 million to consumers after the U.S. Supreme Court declined to take up an appeal of an adverse decision against the tech company by the U.S. Court of Appeals for the Second Circuit. The appellate court upheld a lower court ruling that Apple conspired to fix the prices of some e-books in in violation of the Sherman Antitrust Act. The justices did not comment in rejecting Apple’s bid for certiorari. (more…)

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Pro librarian up for top job with copyright sway

25library-web-sub-superJumboThe Obama Administration has announced that Carla Hayden will be its nominee as the fourteenth U.S. Librarian of Congress. This is a position with great influence on copyright law, and, therefore of considerable interest to Entertainment Law practitioners.

She would replace James H. Billington, who was nominated by President Reagan and has come under fire for failing to keep up with technological advancements. Hayden must confirmed by the U.S. Senate, not an easy task these days. She would be the second professional librarian to hold the position, and her nomination has been applauded by both the American Library Association and the American Association of Law Libraries.

The U.S. Copyright Office, which administers and records copyrights and provides public services about these key elements of intellectual property law, is part of the Library of Congress. Hayden would be the first woman and the first African-American to be the congressional librarian. She also has deep experience updating library technology, sure to be a priority after the widespread criticism of her predecessor. (more…)

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Goliath of live concerts cleared on anti-trust

LNE_Logo_300_(10-2011)The way that fans interact with music has changed drastically in the decade, moving them away from getting them to form long lines at venues to buy tickets to concerts to doing so now online, at home, alone, instantly, and with a click of a mouse.  This also has meant that live performances sell out in mere minutes, whether they are music festivals like Coachella or  Adele’s upcoming tour.  The frenzy of camping out for shows has become antiquated. But has this technology-based change also given undue competitive advantage to big promoters with major name recognition? That has been a gripe of smaller players in the market, and it has become a more pressing issue to many as live concerts have become an ever more lucrative, central part of a music industry riven by streaming, recorded, published and performed ways of product distribution.

The complaint chorus rose to a crescendo about Live Nation, one of the leading companies promoting, orchestrating, organizing, and booking artists for concerts.  A federal district judge had dismissed on summary judgment an anti-trust challenge to Live Nation; appellate judges recently affirmed that ruling. The courts have found that the company’s size was neither inherently good nor bad but that plaintiff It’s My Part Inc. (IMP) had provided insufficient proof that its anti-trust claim could succeed.

The appellate opinion noted that IMP set up the case akin to a “David-and-Goliath battle between an industry behemoth and its regional challenger.” That wasn’t an apt analogy, said U.S. District Judge Harvie Wilkinson III, who wrote on behalf of the U.S. Court of Appeals for the Fourth Circuit. Weighing in on a key issue — whether the corporate giant illegally coerced bands to perform at its select venues — he wrote that “[j]ust as big is not necessarily bad, small it not necessarily weak.” He and his colleagues sided with the music industry Goliath not David. (more…)

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