Lionsgate hit with a $5.8 million ‘Biggest Loser’

Arbitrator rules studio undercut profit potential of fitness guru Jillian Michaels’ recorded workouts with free YouTube postings

Fitness guru Jillian Michaels has found a legal workout that may make skinnier the wallets of Lionsgate Films Group while also putting more muscle behind performers’ options to protect their works from popping up for free on YouTube.

Entertainment law experts are watching closely Michaels’ recent favorable decision from an arbitrator, awarding her $5.8 million in her dispute with the studio over fitness videos tied to the hit TV weight-loss show Biggest Loser.

What led her to get so exercised about how Lionsgate treated her workouts, and how might this tighten up some commercial online video practices?

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YouTube’s service terms just can’t be ignored

Federal judge tosses suit over music video that was pulled down, then re-posted, and had its view count reset

Performers who leap on to YouTube may be visually savvy, marketing smart, and outstanding early adopters of cutting-edge social media platforms. But besides promoting themselves zealously in cyber space with online services, they also need to step up and master an old legal fundamental: It pays to read the fine print before consenting to any agreement in ink and paper or electrons, as a federal judge in San Francisco has reminded an unhappy plaintiff.

To be sure, the overwhelming majority of YouTube users likely would fail a quiz on the service provider’s terms of service (TOS) agreement before assenting to it. But if the too blithely check off a box on an online page and move ahead with understanding their legal situation, they then also can’t gripe to courts and seek relief when YouTube removes, relocates, and resets the view count of their posted music videos. That was the beef in Darnaa, LLC v. Google Inc.

Plaintiff Darnaa was a limited liability company, an independent music label promoting and producing the works of artist Darnaa. The LLC in March, 2014, uploaded to YouTube the artist’s music video Cowgirl as part of an advertising campaign to promote sales of the song recordings in online digital music stores. But, yippee-ki-yay, YouTube made that ditty mosey where Darnaa didn’t expect on the great cyber free range. Why didn’t the judge corral YouTube, the online video giant? (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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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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Judge finds foul play in royalties for ‘Foul Play’


Although it may be fashionable to criticize screenplays from days past as quaint and almost cliche in how their plot complications tied up so neatly, a judge in Los Angeles has provided a tidy $6.8 million curtain-closer to a lawsuit over disputed right payments for some older films. In doing so, Superior Court Judge Elihu Berle has agreed with plaintiffs that there really was foul play over sums owed to the estates of Foul Play screenwriter Colin Higgins and others.

Berle recently approved a $6.8 million settlement of a class action lawsuit against Paramount Pictures Corp.  by Colin Higgins Productions. The suit disputed video royalty payments, and was one of several legal actions filed against Hollywood studios, and now slowly coming to resolution. (more…)

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Are 6-second Vines ‘too minimal’ to infringe?

vine-micro-video-app-smart-phone-ios-androidVine, a social media website acquired by Twitter, is a popular technology among millennials. They like it because it lets them create looping six-second videos, which are easy to view and to share quickly and widely, often virally. Vine also is gaining traction with brands for marketing, and that is creating issues for intellectual property owners

Vine has steered away from infringement claims, so far, because of Twitter’s prompt compliance with take-down notices under the Digital Millennium Copyright Act; those take-down requests also have been rarely contested by user-posters.

But is the brevity of Vine’s core product also prophylactic–does it provide a de minimis defense? That notion has come under fire in Britain with a recent court ruling from a judge, who found that “fair dealing” failed to apply to Vine snippets showing key moments of an original cricket broadcast. How might the legal thinking cross the seas and be seen in U.S. courts that share a common law tradition?

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Anti-paparrazi law allowed to motor ahead

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This guest post was written by Mary P. Ray, a law student enrolled in Southwestern’s Entertainment Law and Web 2.0 class.

Paul Raef in 2012 was in his car pursuing  Justin Bieber, the one-time teen heart-throb turned rock bad boy, on the 101 Freeway in Los Angeles.  Little did photographer Raef know that he was driving into California’s law books, creating the test case for a state appellate court’s recent decision upholding some of the state’s anti-paparazzi statutes as constitutional.

Lawmakers had sought to curb dangerous situations involving notoriously aggressive shooters trying to capture celebrities in photos and videos on California roads. The legislators, effective Jan. 1, 2011, increased the misdemeanor penalties under Code § 40008 for motorists judged to be driving recklessly as they tried to “capture any type of visual image” for commercial purposes.

Raef (above) was charged with violating this statute and other road rules as he chased Bieber on the highway as the young star drove his $100,000, chrome-finished Fisher Karma hybrid at speeds guesstimated at between 80- and 100-miles-an-hour. But the photographer challenged the statute, claiming that it was an unconstitutional infringement on his First Amendment rights. (more…)

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Appellate court tosses PlayStation owner’s suit

playstationFor a PlayStation owner with a decidedly paranoid view as to what happened or what might occur with his personal information, especially data on his movie-viewing habits, the U.S. Court of Appeals for the Ninth Circuit has just handed down a ruling that best can be summarized in two words: buzz off. The appellate judges based in California thereby joined judicial colleagues in a federal district court in Oakland as well as jurists on the appellate benches in the Sixth and Seventh circuits in tossing the lawsuits filed by PlayStation owner Daniel Rodriguez, who claimed that others should be allowed to join him in a class action against two Sony subsidiaries. (more…)

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Individual copyright claims in films? Nope.

2nd circuit9th circuitIt took a year, two U.S. District Court judges, eleven judges on the U.S. Court of Appeals for the Ninth Circuit, two judges from the U.S. Court of Appeals for the Second Circuit, and officials from the U.S. Copyright office. But, finally, a long-standing copyright standard in film making has been restored, and, at least for now, the legal view, again, is that individuals who are involved in the making of a finished movie may not assert that they have a separate, stand-alone infringement claim.

This stance, of course, not only got a powerful recent en banc ruling in the appellate courts that oversee Los Angeles, the movie-making capital of the world, it also was affirmed by the appeals judges who oversee the nation’s other entertainment hub: New York.

So for now, Google and its mighty YouTube subsidiary needn’t yank a video that caused a global firestorm and the makers of the movie Heads Up will be headed for further court proceedings. How did both go round to get back to what many in the industry have seen as an important copyright standard?

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