Entertainment Litigation Blog

PRIVACY AND ACCURACY ARE AT RISK WITH ABILITY TO INSTANTLY COMMUNICATE

Technology and the explosion of social networking sites are changing the paradigm of how and when we communicate with each other. Facebook, YouTube and the most recent craze, Twitter, together with rapidly improving camera/video cellular phone technology, allow instant communication to thousands of people. Communication that includes pictures and video, as well as text.

The potential uses for these expanding media are seemingly endless. The question is -- is that a good thing?

Continue reading "ENTERTAINMENT LITIGATION: THE SOCIAL NETWORKING CRAZE" »

ROCKER JACKSON BROWNE SURVIVES REPUBLICAN NATIONAL COMMITTEE'S ANTI-SLAPP MOTION

Jackson Browne's 1977 iconic song "Running on Empty" is the focal point of a federal court lawsuit which highlights the tension between the First Amendment's strong protection for political speech and the rights of an artist to control his work. Browne sued the Republican National Committee (RNC), Senator John McCain and the Ohio Republican Party (ORP) because the ORP used "Running on Empty" in a web ad during the 2008 presidential campaign without Browne's permission. Browne, a well known activist who favors liberal causes and candidates, sued.

Continue reading "ENTERTAINMENT LITIGATION: FEDERAL COURT HANDS REPUBLICANS ANOTHER LOSS" »

SUPREME COURT MAY CONSIDER WHETHER FEDERAL APPEALS COURT RULING PERMITTING REMOTE DIGITAL VIDEO RECORDERS VIOLATES THE COPYRIGHT ACT

The manner in which we view television programs has changed. The advent of digital video recorders like Tivo means that viewers are regularly "copying" content. While copying for personal use has been upheld by the courts, new technologies allowing cable companies to provide digital video recorders from a remote, central location have given rise to a number of cases across the country.

In August 2008, the Second Circuit considered the issue of whether such a "remote digital recorder" violated content providers' copyrights. That court reversed a ruling in the Southern District of New York and held that these remote DVRs did not infringe upon the providers' rights. However, just last month, the United States Supreme Court requested the government to weigh in on the issue -- requesting that the Solicitor General submit a brief to express the government's view of the law.

Should content providers really be complaining about a DVR system which appears to be more secure against piracy? Stay tuned to see if your cable's DVR will be upheld to be legal.

Continue reading "ENTERTAINMENT LITIGATION: COPYRIGHT AND THE NEW REMOTE DIGITAL VIDEO RECORDERS" »

PROTECTING CELEBRITIES FROM DEFAMATION AND INVASION OF PRIVACY

It's been said that "a good reputation is more valuable than money." When it comes to celebrities -- and most recently sports figures -- reputation is both valuable and easily tarnished. In this electronic age, damaging information can circulate instantly through cyberspace. Rumor quickly becomes generally accepted fact. Pictures can go "viral" and disseminated to millions at the speed of light. Once established, public perception becomes very difficult if not impossible to change.

So what can be done to protect a celeb's privacy and reputation -- and at what cost?

Continue reading "ENTERTAINMENT LITIGATION: WHAT IS YOUR REPUTATION WORTH?" »

HOW THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) PITS WEBSITES AGAINST TRADITIONAL MEDIA COMPANIES

The growing power and influence of the internet presents a different kind of challenge to traditional media companies. Social networking websites like YouTube and MySpace were once viewed as novelties with limited reach. Now visited by millions of users 24 hours a day, these user-friendly websites present a legitimate threat to traditional media companies and the manner in which people obtain information and spend their free time.

The battle between the new media and traditional media turned ugly last March when Viacom filed a billion dollar suit against YouTube for copyright infringement.

Continue reading "ENTERTAINMENT LITIGATION: MEDIA WARS -- YOUTUBE VS. VIACOM" »

STUDIO'S HOME VIDEO ARM ORDERED TO PAY OVER $6 MILLION TO CREDITORS OF PRODUCTION COMPANY

A Los Angeles Superior Court judge ruled that Buena Vista Home Entertainment (BVHE) breached its US video distribution agreement for the motion picture The Patriot when it deducted millions of dollars in alleged distribution costs. The judge also held BVHE liable for improperly terminating the video distribution of the picture, ruling that BVHE's failure to distribute the picture violated the implied covenant of good faith and fair dealing.

After years of complicated litigation, BVHE was ordered to pay over $6 million.

Continue reading "ENTERTAINMENT LITIGATION: DISNEY LOSES TRIAL REGARDING PROFITS FROM "THE PATRIOT"" »