Calif. tosses angry actor’s talent-act claim

Star’s manager prevails in beef over commissions, representation

Thomas Gibson‘s acting career, launched at age 10, has taken him through Julliard, the Broadway stage, and Hollywood, where he starred in the CBS TV hit Criminal Minds for a dozen years. But the unsmiling 55-year-old has seen a highly lucrative career take a rough turn recently, including his 2013 arrested for a DUI (for which he lost use of his license) and his highly publicized tussles and firing in late 2016 from the crime procedural show that had made him one of the industry’s top-paid performers.

While he battles to restore his reputation, actions by Gibson, his longtime manager, and a recent ruling by the California Labor Commission won’t stop the negative turn. The state’s Talent Agencies Act isn’t always the easiest regulation for performers and their managers to navigate, as recent prosecutions have affirmed. But a state labor commissioner found clearly that problems Gibson may have encountered and complained about were on his side, not his manager’s. Let’s dig in to this critical but tempestuous situation. 

Photo: Cliff Lipson©CBS 

 

 

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‘Oh, really?’ Early awakening’s murderous?

Passengers posits that rousing a space crew member early from a suspended state is tantamount to murder. How on earth might that be true?

In our ‘Oh, Really’  feature, the Biederman Blog’s editors and alumni— voracious consumers of trendy matters — cast a curious, skeptical, fun and smart end-of-the-week eye on popular culture and its entertaining products, sharing their keen observations about legal matters these raise.

In the movie Passengers,  travelers on a swanky spaceship must trek for 120 years to reach and colonize Homestead II, a planet in a distant galaxy. To survive their journey, they’re all put into a suspended state, to be awakened just months before reaching their destination. But when the ship veers through an asteroid belt, Jim Preston (Chris Pratt) accidentally awakens only 30 years into the trip. He grows depressed and isolated, confronting his  certain death in the 90 years before he reaches his planned new home.

Then, he notices Aurora Lane (Jennifer Lawrence) in her suspension pod. He falls for her. He struggles with his choice but wakes her, also nine decades too soon. When conscious, she is devastated that she will die before anyone else aboard besides Jim awakens, especially because she planned to stay only briefly on Homestead II before returning to Earth to write a book about her experiences.

Jim leads her to believe her rousing to consciousness was an accident. They grow close. Then an android, the bartender at one of the couple’s favorite spots on the ship, spills the beans to Aurora: Her amorous interest intentionally woke the sleeping beauty.

When another crew member Gus (Laurence Fishburne), a Chief Deck Officer, is accidentally awakened, Aurora fights with Jim. She insists to Gus that Jim has murdered her. Did he?  This flick raises an ethical or moral dilemma. But, really, murder? What might be legal considerations for such a claim, other than an angry lover’s recriminations about how a partner may have affected her longevity?

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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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