Appeals court, at least, sees talent act clearly

U.S. Ninth Circuit judges reject managers’ attack on California law but disputes keep surfacing over representation, commissions

Saunter down the street in Des Moines or Poughkeepsie and ask the first passer-by about who engages in the “procuring” business and be glad not to get a punch in the nose for asking about something that sounds like it’s part of the world’s oldest profession. But at least in Hollywood, and for especially for those in the entertainment industry, this practice—part art and part commerce—is so common that it should be legally plain and it is clearly understood, the U.S. Court of Appeals for the Ninth Circuit has declared.

The judges in the appellate court for the stars have upheld the dismissal of a suit by the National Conference of Personal Managers, a group aggravated by still controversial state statute(s) that they argue keeps clients from showing them the money—the California talent agencies act. The appellate judges concurred with a lower court ruling rejecting the managers’ claims, and finding that the act does not violate due process, equal protection, or free speech of talent managers in the entertainment industry.

The law says that only state-licensed agents may procure work for clients—the legions in Los Angeles of actors, directors, writers, and, yes, wannabes. The problem with the half-century old talent sections of the state labor code is that they also bar non-agents, including managers, attorneys, and the unlicensed from obtaining work for clients. This can and has created ned in the Biz, sparking significant protests before. The personal managers’ complaint provides a timely reminder that the griping about the act not only isn’t going away, it provides a recurring reason to keep re-examining the historic but also changing representation of talent in the Golden State. (more…)

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Congress takes aim at nation’s copyright chief

Lawmakers advance measure to strip Librarian of Congress of power to appoint copyrights Register, giving authority, instead, to the president, with congressional assistance

Congress is sending a rebuke to the bureaucrats who run a system that’s critical to Entertainment Law: The House has passed and sent to the Senate a proposal to strip The Librarian of Congress of the power to appoint the Register of Copyrights, giving that authority, instead, to the president.

HR 1695, the Register of Copyrights Selection and Accountability Act,  has passed the House Judiciary Committee in a 27-1 bipartisan vote, and it has advanced out of the House in a 378-48 vote. It now rests with the Senate Rules and Administration Committee.

Whether it goes beyond, it has become the legislative equivalent of baseball’s brush-back pitch, with lawmakers expressing some degree of displeasure with the nation’s copyright administrators—and creating a colloquy over how this potential change might affect innovators and creators.

How did this tussle blow up? (more…)

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ISP denied preemptory shield on rights claims

An internet service provider, weary of hearing complaints from a music rights-management organization, tried to get a federal court in Manhattan to stop in advance what it felt was the group’s sing-song whining about improper online postings of copyrighted songs. But the judge decided the request by Windstream Services for a preemptive declaratory judgment against BMG was way out of tune.

The court found Windstream’s request “un-tethered” to any specific claim of copyright infringement and said it could be construed to absolve the ISP of not only past but also future actions. That, like performing in the wrong key, can’t be allowed, the court said in a case that offers some important reminders about parties following procedures detailed in the Digital Millennium Copyright Act. (more…)

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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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Judge clips VidAngel’s naughty wings


A streaming company that has tried to seize a higher ground, taking Hollywood movies from discs and “cleaning” the films of pornography, nudity, and violence and then providing them online to its customers, has itself acted in naughty, naughty fashion, a federal judge has found.

In Los Angeles, U.S. District Judge Andre Birotte Jr. ruled that VidAngel Inc. has infringed copyrights held by Disney, Warner Bros., and Twentieth Century Fox after failing to get appropriate licensing from them, which resulted in an order that the company stop all editing and streaming of the studios’ films.

Since the ruling, VidAngel has flapped its corporate wings and claimed technical issues in complying with the federal injunction – then flouted it. Who wouldn’t want to zap the sleaze straight out of a flick like Fifty Shades of Gray? But the company is finding that it can be costly to be righteous. Poking Hollywood in the nose and telling a federal court judge that “we’re right and you’re wrong” landed VidAngel in contempt of court. (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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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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