Friday, December 14, 2007
Lawsuit over Crowe's Cinderella Man injury
An insurance company is suing to prevent the production company behind 2005 film Cinderella Man claiming compensation for Renee Zellweger after Russell Crowe's shoulder injury delayed filming. Crowe hurt his shoulder during training for the role of boxer James J. Braddock and subsequently delayed the seven-week shoot by another seven weeks. Clarendon National Insurance Company has now filed a lawsuit against Omnikrom in Los Angeles Superior Court in a bid to prevent them from asking for $3.4 million compensation for Zellweger's loss of earnings during that time. However, the firm insists it has already paid out almost $6 million in claims to cover Crowe's surgery and rehabilitation and other production delays. It also claims in the lawsuit that the production company did not file the claim until July 2005, at least five months after the balance of the insurance claims were paid, and thus they should not be required to cover the cost of Zellweger's extra fee.
Wednesday, December 5, 2007
"Borat" driver's ed teacher sues Fox
A driving instructor has sued the makers of the movie "Borat," accusing them of lying to him about the nature of the crass comedy by telling him he'd be in a documentary about the integration of immigrants into U.S. life. The lawsuit was brought Tuesday by lawyers for Michael Psenicska, a Baltimore high school mathematics teacher who has owned a driving school in Perry Hall, Md., for the last 32 years.
The suit, filed in U.S. District Court in Manhattan, seeks $100,000 in compensatory damages and unspecified punitive damages, saying the hit movie earned hundreds of millions of dollars at the box office. It says Psenicska is entitled to damages because defendants, including producer Twentieth Century Fox Film Corp. and star Sacha Baron Cohen, used images of him extensively in advertising the film, "Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan." Psenicska's lawsuit says Fox and Cohen fraudulently induced him to sign documents approving his appearance in "Borat" just before he was filmed giving Cohen's Borat Sagdiyev character a driving lesson.
According to the lawsuit, the film's staffers had promised they were producing a documentary about the integration of foreign people into the American way of life, a subject that interested Psenicska because he was in the business of teaching foreigners to drive. Yet, it says, when filming began, Borat did a hugging and kissing routine, struggled with his seat belt like a child, drove on the wrong side of the road, made ethnic slurs, said women had small brains and rolled down a window and offered a female pedestrian $10 for "sexy time."
Twentieth Century Fox spokesman Gregg Brilliant said Psenicska consented to the filming. "He signed a release, and we have an agreement," Brilliant said. "Now, 2 1/2 years after giving his consent and more than one year after the movie was released, Mr. Psenicska has decided to file a lawsuit, citing the financial success of the film, in spite of our agreement."
The suit, filed in U.S. District Court in Manhattan, seeks $100,000 in compensatory damages and unspecified punitive damages, saying the hit movie earned hundreds of millions of dollars at the box office. It says Psenicska is entitled to damages because defendants, including producer Twentieth Century Fox Film Corp. and star Sacha Baron Cohen, used images of him extensively in advertising the film, "Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan." Psenicska's lawsuit says Fox and Cohen fraudulently induced him to sign documents approving his appearance in "Borat" just before he was filmed giving Cohen's Borat Sagdiyev character a driving lesson.
According to the lawsuit, the film's staffers had promised they were producing a documentary about the integration of foreign people into the American way of life, a subject that interested Psenicska because he was in the business of teaching foreigners to drive. Yet, it says, when filming began, Borat did a hugging and kissing routine, struggled with his seat belt like a child, drove on the wrong side of the road, made ethnic slurs, said women had small brains and rolled down a window and offered a female pedestrian $10 for "sexy time."
Twentieth Century Fox spokesman Gregg Brilliant said Psenicska consented to the filming. "He signed a release, and we have an agreement," Brilliant said. "Now, 2 1/2 years after giving his consent and more than one year after the movie was released, Mr. Psenicska has decided to file a lawsuit, citing the financial success of the film, in spite of our agreement."
Haggis, Hatcher in breach of contract suits
"Crash" director Paul Haggis is suing one of his co-producers on the Oscar-winning movie over $4.7 million in unpaid royalties. Haggis claims he is owed the millions in profits from the film and has accused Bob Yari of breach of contract. The filmmaker is disputing an agreement signed in 2002 regarding the distribution of royalties, which depended on the film's financial success. "Crash," which went on to win three Academy Awards, was originally made on a budget of just $6.5 million plus $1 million in financing, but went on to gross over $100 million worldwide - more than 10 times its original cost. However, Yari has argued in court documents that the movie was not as profitable as it seemed, because various additional production costs had not been taken into account. Haggis is not the only person suing Yari over the film's financial issues - legal suits have also been launched by Bobby Moresco, who co-wrote the film, and co-producer Cathy Schulman.
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A beauty company is suing Teri Hatcher for allegedly breaking a contract by promoting rival products. Legal papers, filed by executives at Hydroderm skincare in Los Angeles on Tuesday, claim the Desperate Housewives actress promoted other beauty items, despite the fact she was paid $2.4 million to solely advertise Hydroderm products. The lawsuit reads: "Hatcher's name, image and likeness have been linked to so many competitors' products that it is anyone's guess as to what product keeps her skin and lips youthful." Hydroderm is seeking Hatcher's $2.4 million salary, unspecified damages and its legal costs.
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A beauty company is suing Teri Hatcher for allegedly breaking a contract by promoting rival products. Legal papers, filed by executives at Hydroderm skincare in Los Angeles on Tuesday, claim the Desperate Housewives actress promoted other beauty items, despite the fact she was paid $2.4 million to solely advertise Hydroderm products. The lawsuit reads: "Hatcher's name, image and likeness have been linked to so many competitors' products that it is anyone's guess as to what product keeps her skin and lips youthful." Hydroderm is seeking Hatcher's $2.4 million salary, unspecified damages and its legal costs.
Saturday, November 24, 2007
Chilis could struggle in "Californication" lawsuit
LA rockers Red Hot Chili Peppers are suing the network behind TV hit Californication, alleging that the title is stolen from their 1999 single and album. But the group may struggle because it failed to protect its brand, according to a legal expert.
Anthony Kiedis, Chad Smith, John Frusciante, and Michael "Flea" Balzary, doing business as Red Hot Chili Peppers, are suing Showtime Networks and others. They argue that the creation and marketing of the TV series "constitutes a false designation of origin, and has caused and continues to cause a likelihood of confusion, mistake, and deception as to source, sponsorship, affiliation, and/or connection in the minds of the public".
The album Californication sold 14 million copies and was listed among Rolling Stone magazine's Top 500 Albums of All Time. The group says the US series, starring David Duchovny, dilutes the quality of their brand. They are seeking unspecified damages and a new name for the TV show.
The lawsuit notes that a recurring character in the TV show is called "Dani California". That is also the name of a character who is the subject of or mentioned in three songs by the Chili Peppers, including the song Californication. The band also wrote a hit single called Dani California.
The lawsuit does not mention it, but according to Wikipedia, a character in one episode narrates the line, "It's the edge of the world and all of western civilisation," a lyric from the song Californication.
Further, the lawsuit notes that a search on "Californication" in Apple's iTunes Music Store retrieves the band's works and the TV show's compilation albums. The band says that causes confusion.
However, Showtime Networks is expected to argue that the band did not coin the word, a portmanteau of California and fornication. It first appeared in print in Time Magazine in 1972, in an article called The Great Wild Californicated West.
Time reporter Sandra Burton wrote: "Legislators, scientists and citizens are now openly concerned about the threat of 'Californication' - the haphazard, mindless development that has already gobbled up most of Southern California."
Kim Walker, head of intellectual property at Pinsent Masons, the law firm behind OUT-LAW.COM, said the band should have registered Californication as a trademark. Instead, the only trademark application was filed in April in the US, by Showtime Networks. The mark has not yet been registered.
"Successful songs, albums and movies can become brands in themselves. What's really surprising is how few songs and albums are properly protected," said Walker. "The Chili Peppers could almost certainly have registered a trademark for 'Californication', notwithstanding Time's article. They made the word famous, but it doesn't automatically follow that they can stop its use in a TV show.
"If they had registered the title as a trademark covering entertainment services, I very much doubt we'd have seen a lawsuit. The TV show would have been called something else," he said. "As it is, the band faces an uphill struggle."
A quick search on Rolling Stone's Top 10 Greatest Albums of All Time at the trademark registries of the US and UK shows that none of the album titles are protected by the artists or their record companies.
An individual applied to register Highway 61 Revisited, the Bob Dylan album that appears at number four in Rolling Stone's list; but that application was abandoned. Rubber Soul, ranked number five, is registered as a mark, but not to The Beatles. And Sgt Pepper's, the top-ranked album, is registered as a footwear brand by a company in Spain and as a pepper spray brand in the US.
David Bowie appears to be more savvy than most of his counterparts, though: he has registered Ziggy Stardust as a trademark for music and entertainment services. The Rise and Fall of Ziggy Stardust and the Spiders From Mars is ranked at number 35 in Rolling Stone's list.
Anthony Kiedis, Chad Smith, John Frusciante, and Michael "Flea" Balzary, doing business as Red Hot Chili Peppers, are suing Showtime Networks and others. They argue that the creation and marketing of the TV series "constitutes a false designation of origin, and has caused and continues to cause a likelihood of confusion, mistake, and deception as to source, sponsorship, affiliation, and/or connection in the minds of the public".
The album Californication sold 14 million copies and was listed among Rolling Stone magazine's Top 500 Albums of All Time. The group says the US series, starring David Duchovny, dilutes the quality of their brand. They are seeking unspecified damages and a new name for the TV show.
The lawsuit notes that a recurring character in the TV show is called "Dani California". That is also the name of a character who is the subject of or mentioned in three songs by the Chili Peppers, including the song Californication. The band also wrote a hit single called Dani California.
The lawsuit does not mention it, but according to Wikipedia, a character in one episode narrates the line, "It's the edge of the world and all of western civilisation," a lyric from the song Californication.
Further, the lawsuit notes that a search on "Californication" in Apple's iTunes Music Store retrieves the band's works and the TV show's compilation albums. The band says that causes confusion.
However, Showtime Networks is expected to argue that the band did not coin the word, a portmanteau of California and fornication. It first appeared in print in Time Magazine in 1972, in an article called The Great Wild Californicated West.
Time reporter Sandra Burton wrote: "Legislators, scientists and citizens are now openly concerned about the threat of 'Californication' - the haphazard, mindless development that has already gobbled up most of Southern California."
Kim Walker, head of intellectual property at Pinsent Masons, the law firm behind OUT-LAW.COM, said the band should have registered Californication as a trademark. Instead, the only trademark application was filed in April in the US, by Showtime Networks. The mark has not yet been registered.
"Successful songs, albums and movies can become brands in themselves. What's really surprising is how few songs and albums are properly protected," said Walker. "The Chili Peppers could almost certainly have registered a trademark for 'Californication', notwithstanding Time's article. They made the word famous, but it doesn't automatically follow that they can stop its use in a TV show.
"If they had registered the title as a trademark covering entertainment services, I very much doubt we'd have seen a lawsuit. The TV show would have been called something else," he said. "As it is, the band faces an uphill struggle."
A quick search on Rolling Stone's Top 10 Greatest Albums of All Time at the trademark registries of the US and UK shows that none of the album titles are protected by the artists or their record companies.
An individual applied to register Highway 61 Revisited, the Bob Dylan album that appears at number four in Rolling Stone's list; but that application was abandoned. Rubber Soul, ranked number five, is registered as a mark, but not to The Beatles. And Sgt Pepper's, the top-ranked album, is registered as a footwear brand by a company in Spain and as a pepper spray brand in the US.
David Bowie appears to be more savvy than most of his counterparts, though: he has registered Ziggy Stardust as a trademark for music and entertainment services. The Rise and Fall of Ziggy Stardust and the Spiders From Mars is ranked at number 35 in Rolling Stone's list.
New Line Cinema sues video company over "The Golden Compass"
Film studio New Line Cinema has filed a multi-million dollar copyright infringement lawsuit against a video company over a documentary about The Golden Compass author Philip Pullman. The movie studio claims the 70-minute DVD film, Beyond The Golden Compass: The Magic of Philip Pullman, is an attempt by company Koch Entertainment to cash in on the publicity surrounding the new $180 million big-screen adaptation of the writer's fantasy novel, which stars Nicole Kidman and Daniel Craig. The movie is due to hit cinemas in December - while the DVD was released on November 19, and by Koch's own admission, is to "coincide with the big-budget film adaptation." And New Line Cinema has also called into question the similarity of the DVD's cover sleeve to the film's publicity posters - the documentary cover features an unarmored Polar Bear and a compass-like device; the same as the movie's promotional material, which also depicts Kidman and Craig. But Koch Entertainment has denied the copyright claim. The two parties met for a hearing in a New York court on Monday, but a ruling has yet to be made.
Thursday, November 22, 2007
Sony ordered to pay $5M in logo dispute
Sony Music must pay the founder of a small record company $5 million for failing to put his company's logo on reissues of Meat Loaf's "Bat Out of Hell" album, a federal appeals court ruled. Steve Popovich, 65, who started Cleveland International Records in 1977 and soon afterward signed the chubby singer named Marvin Lee Aday, persuaded Epic Records to release the wildly successful album. Epic was owned at the time by CBS. Sony, which bought out CBS Records, paid $6.7 million to Popovich and his former partners in 1998 to settle a lawsuit over royalties from the album.
The settlement required Sony to place the Cleveland International logo on future Meat Loaf albums but Sony did not add the logo to "Bat Out of Hell" for more than a year. In a 2-1 decision Wednesday, a panel of the 6th U.S. Circuit Court of Appeals in Cincinnati upheld a federal jury's decision in 2005 awarding Popovich an extra $5 million in damages.
Sony has claimed that the logo omission was a mistake that later was corrected. In court documents, Sony also accused Popovich of trying to get money out of the company by trumping up the logo agreement.
"Bat Out of Hell" has sold more than 30 million copies worldwide, according to court records.
The settlement required Sony to place the Cleveland International logo on future Meat Loaf albums but Sony did not add the logo to "Bat Out of Hell" for more than a year. In a 2-1 decision Wednesday, a panel of the 6th U.S. Circuit Court of Appeals in Cincinnati upheld a federal jury's decision in 2005 awarding Popovich an extra $5 million in damages.
Sony has claimed that the logo omission was a mistake that later was corrected. In court documents, Sony also accused Popovich of trying to get money out of the company by trumping up the logo agreement.
"Bat Out of Hell" has sold more than 30 million copies worldwide, according to court records.
Tuesday, November 6, 2007
REMINDER: David Schwartz TODAY in the Lounge
UM Law alumnus David Schawartz will be speaking today, 11/6/07, in the Student Lounge. Below is his bio.
DAVID B. SCHWARTZ is Vice President of Business Affairs for The Walt Disney Company's Buena Vista Television division, where he works on the cutting edge of new technological distribution platforms for movies and TV shows. David came to Disney after stints at indie film houses Gold Circle Films ("My Big Fat Greek Wedding") and Alpine Pictures ("The Convent"), where he handled business and legal affairs work for the production and distribution of numerous feature films.
David's also a creative force in his own right. He co-wrote and co-produced the award-winning feature film "Fighting Gravity"; served as a comedy writer on several syndicated television shows, including the nationally-syndicated sketch-comedy series "The Newz"; and his graphic novel "MELTDOWN", published by Image Comics, was one of the most critically-acclaimed books of 2006.
David earned his Juris Doctorate degree cum laude from the University of Miami School of Law in 1996, where he studied entertainment law on a full-tuition merit scholarship as a Dean's Honor Scholar. As an undergraduate, Mr. Schwartz studied film production and direction at New York University. While a student at NYU, David interned at both Marvel Comics and NBC-TV's "Late Night with David Letterman". David has studied theater at the New World School of the Arts, the Performing and Visual Arts Center, and the South Center for the Arts.
DAVID B. SCHWARTZ is Vice President of Business Affairs for The Walt Disney Company's Buena Vista Television division, where he works on the cutting edge of new technological distribution platforms for movies and TV shows. David came to Disney after stints at indie film houses Gold Circle Films ("My Big Fat Greek Wedding") and Alpine Pictures ("The Convent"), where he handled business and legal affairs work for the production and distribution of numerous feature films.
David's also a creative force in his own right. He co-wrote and co-produced the award-winning feature film "Fighting Gravity"; served as a comedy writer on several syndicated television shows, including the nationally-syndicated sketch-comedy series "The Newz"; and his graphic novel "MELTDOWN", published by Image Comics, was one of the most critically-acclaimed books of 2006.
David earned his Juris Doctorate degree cum laude from the University of Miami School of Law in 1996, where he studied entertainment law on a full-tuition merit scholarship as a Dean's Honor Scholar. As an undergraduate, Mr. Schwartz studied film production and direction at New York University. While a student at NYU, David interned at both Marvel Comics and NBC-TV's "Late Night with David Letterman". David has studied theater at the New World School of the Arts, the Performing and Visual Arts Center, and the South Center for the Arts.
Tuesday, October 30, 2007
Offerman receives "special probation" in bat attack
Former baseball major leaguer Jose Offerman will serve two years of a special form of probation for attacking two players with a bat during a minor league game in August. Bridgeport (Connecticut) Superior Court Judge James Ginocchio granted the two-time All-Star accelerated rehabilitation Tuesday after hearing from current and former major league players supporting Offerman. Two felony assault charges will be erased from his record if he abides by the terms of the probation.
Offerman was playing for the Atlantic League's Long Island Ducks on Aug. 14 in Bridgeport when he was hit by a pitch and charged the mound with his bat. Bridgeport Bluefish catcher John Nathans sustained a concussion and Bluefish pitcher (and former Phillie) Matt Beech had a broken finger on his non-throwing hand after the incident.
Offerman apologized in court Tuesday.
Offerman was playing for the Atlantic League's Long Island Ducks on Aug. 14 in Bridgeport when he was hit by a pitch and charged the mound with his bat. Bridgeport Bluefish catcher John Nathans sustained a concussion and Bluefish pitcher (and former Phillie) Matt Beech had a broken finger on his non-throwing hand after the incident.
Offerman apologized in court Tuesday.
Thursday, October 25, 2007
Ex Louisiana-Lafayette coach wins discrimination suit
The first black head football coach at any major Louisiana university has won a $2 million judgment in a lawsuit claiming that the University of Louisiana at Lafayette fired him because of his race, not because his teams lost 80 percent of their games. Jurors found that Jerry Baldwin's race wasn't the only reason he lost the job, but was among the reasons. University officials broke his contract and inflicted emotional distress through negligence, according to the jury of six whites and six blacks.
Jurors took nearly 10 hours to work their way through a complicated verdict form.
ULL attorney Steve Oats said the evidence doesn't support the verdict for Baldwin, who was coach from 1999-2001, but he and university officials haven't decided their next step. "It is clear Jerry Baldwin was not terminated because of his race," Oats said. "Jerry Baldwin was terminated over his tenure. The team had a record of 6-27 and attendance was terrible. The program was not going in the right direction."
In closing arguments for the eight-day trial, Bernard said white coaches before and after Baldwin got new equipment and had a greater ability to market the football program via a coach's television show and through the university's marketing department. Baldwin worked with used equipment, the marketing director was fired his second year on the job, and he never had a coach's show to promote the football program, Bernard said.
Jurors voted 10-2 to award Baldwin $500,000 for general damages, including emotional distress; $600,000 for past lost wages; $900,000 for future lost wages, and $2,676 for special damages.
The same administration officials now accused of racial discrimination are the same people who gave Baldwin the job as the first black head coach at a major Louisiana university, Oats argued. He also said there are no signs that Baldwin's ability to get another job in coaching has been hampered by the firing, and Baldwin's attorneys did not present any evidence that he suffered extreme emotional distress.
Jurors took nearly 10 hours to work their way through a complicated verdict form.
ULL attorney Steve Oats said the evidence doesn't support the verdict for Baldwin, who was coach from 1999-2001, but he and university officials haven't decided their next step. "It is clear Jerry Baldwin was not terminated because of his race," Oats said. "Jerry Baldwin was terminated over his tenure. The team had a record of 6-27 and attendance was terrible. The program was not going in the right direction."
In closing arguments for the eight-day trial, Bernard said white coaches before and after Baldwin got new equipment and had a greater ability to market the football program via a coach's television show and through the university's marketing department. Baldwin worked with used equipment, the marketing director was fired his second year on the job, and he never had a coach's show to promote the football program, Bernard said.
Jurors voted 10-2 to award Baldwin $500,000 for general damages, including emotional distress; $600,000 for past lost wages; $900,000 for future lost wages, and $2,676 for special damages.
The same administration officials now accused of racial discrimination are the same people who gave Baldwin the job as the first black head coach at a major Louisiana university, Oats argued. He also said there are no signs that Baldwin's ability to get another job in coaching has been hampered by the firing, and Baldwin's attorneys did not present any evidence that he suffered extreme emotional distress.
Patriots get ticket sellers names
The New England Patriots have won a bid to get the names of all the fans who bought or sold -- or tried to buy or sell -- tickets to home games through online ticket reseller StubHub Inc., a move one technology group sees as an invasion of privacy. In a lawsuit against San Francisco-based StubHub, a subsidiary of eBay Inc., claiming that the Web site encourages fans to break state law and violate team policies, the Patriots said they could seek to revoke season tickets of people who use StubHub.
A lawyer for the Patriots wouldn't say what the team plans to do with the 13,000 names, which StubHub gave it last week after losing its appeal of a Massachusetts state court ruling. Team rules bar reselling game tickets for a profit. State law, though rarely enforced, restricts ticket markups to $2 above face value plus some service charges.
Patriots tickets have been offered on StubHub at prices many times higher, including two 50-yard-line seats for New England's Dec. 16 game against the AFC rival New York Jets listed Thursday for $1,300.05 each. Their face value is $125.
The Center for Democracy and Technology, a Washington D.C.-based advocacy group, said the court order to turn over the names infringes on the privacy rights of Patriots fans. "The Patriots, just at the beginning of the season, were filming opposing teams and accused of surveillance and given a slap from the National Football League about that. Now they're turning the cameras on their fans, so clearly there is a lack of understanding about what privacy is," said Ari Schwartz, deputy director of the center.
StubHub parent eBay is a member of the center's working group on free speech online. StubHub, one of the largest online ticket sellers, argued that the Patriots' request violated its confidentiality agreement with its customers and said the team wants to create a monopoly on the resale market for its own tickets.
"It is plain that the Patriots seek this highly confidential customer information to further their unlawful, anticompetitive campaign against StubHub and its customers," StubHub said in court papers.
The Patriots, who say they are trying to ensure fans get tickets at reasonable prices, are entitled to know who may be violating their rules. "One of our claims against StubHub is that knowing we have rules against resale on the Internet, they are out there soliciting people to violate our rules," said Daniel Goldberg, a lawyer for the team. "In order to pursue that claim, we need to understand who has been persuaded by that inducement to list their tickets [on StubHub]."
Goldberg said the Patriots' rules on resale are clear and printed on the back of every ticket. "We have hundreds of people on waiting lists willing to comply with our rules, so if individuals prefer not to comply with the rules, that's their choice," he said. He would not say how the Patriots plan to use the customer information it won in court.
In his order this summer, Superior Court Judge Allan van Gestel said the Patriots have "legitimate interests" in knowing the identity of people who resell tickets through StubHub. The judge said the Patriots could use the information for purposes beyond the lawsuit, including canceling violators' season tickets or reporting violators to authorities. Goldberg said StubHub turned over the names last week.
The Patriots have revoked tickets of fans who resell on any site except the Patriots' own TeamExchange Web site, which limits sales to face value. That Web site is run by Ticketmaster.
A lawyer for the Patriots wouldn't say what the team plans to do with the 13,000 names, which StubHub gave it last week after losing its appeal of a Massachusetts state court ruling. Team rules bar reselling game tickets for a profit. State law, though rarely enforced, restricts ticket markups to $2 above face value plus some service charges.
Patriots tickets have been offered on StubHub at prices many times higher, including two 50-yard-line seats for New England's Dec. 16 game against the AFC rival New York Jets listed Thursday for $1,300.05 each. Their face value is $125.
The Center for Democracy and Technology, a Washington D.C.-based advocacy group, said the court order to turn over the names infringes on the privacy rights of Patriots fans. "The Patriots, just at the beginning of the season, were filming opposing teams and accused of surveillance and given a slap from the National Football League about that. Now they're turning the cameras on their fans, so clearly there is a lack of understanding about what privacy is," said Ari Schwartz, deputy director of the center.
StubHub parent eBay is a member of the center's working group on free speech online. StubHub, one of the largest online ticket sellers, argued that the Patriots' request violated its confidentiality agreement with its customers and said the team wants to create a monopoly on the resale market for its own tickets.
"It is plain that the Patriots seek this highly confidential customer information to further their unlawful, anticompetitive campaign against StubHub and its customers," StubHub said in court papers.
The Patriots, who say they are trying to ensure fans get tickets at reasonable prices, are entitled to know who may be violating their rules. "One of our claims against StubHub is that knowing we have rules against resale on the Internet, they are out there soliciting people to violate our rules," said Daniel Goldberg, a lawyer for the team. "In order to pursue that claim, we need to understand who has been persuaded by that inducement to list their tickets [on StubHub]."
Goldberg said the Patriots' rules on resale are clear and printed on the back of every ticket. "We have hundreds of people on waiting lists willing to comply with our rules, so if individuals prefer not to comply with the rules, that's their choice," he said. He would not say how the Patriots plan to use the customer information it won in court.
In his order this summer, Superior Court Judge Allan van Gestel said the Patriots have "legitimate interests" in knowing the identity of people who resell tickets through StubHub. The judge said the Patriots could use the information for purposes beyond the lawsuit, including canceling violators' season tickets or reporting violators to authorities. Goldberg said StubHub turned over the names last week.
The Patriots have revoked tickets of fans who resell on any site except the Patriots' own TeamExchange Web site, which limits sales to face value. That Web site is run by Ticketmaster.
Friday, October 19, 2007
Rockies seek trademark protection for "Rocktober"
DENVER -- "Rocktober," the new shorthand for the Colorado Rockies' amazing playoff run, is showing up everywhere from newspaper headlines to handmade ballpark signs. But now the team wants a trademark to keep anyone else from selling keepsakes bearing the word.
The Rockies filed applications with the U.S. Patent and Trademark Office on Oct. 4 asking for exclusive rights to the name on stuffed animals, Christmas stockings, baby booties, T-shirts, bobble-head dolls and the like. The filing came two days after Gov. Bill Ritter declared October would be known as "Rocktober" after the Rockies beat the San Diego Padres in 13 innings to win the wild card.
The Rocky Mountain News and The Denver Post both used the word in front-page headlines. It has also shown up in car commercials and department store ads.
The Rockies filed applications with the U.S. Patent and Trademark Office on Oct. 4 asking for exclusive rights to the name on stuffed animals, Christmas stockings, baby booties, T-shirts, bobble-head dolls and the like. The filing came two days after Gov. Bill Ritter declared October would be known as "Rocktober" after the Rockies beat the San Diego Padres in 13 innings to win the wild card.
The Rocky Mountain News and The Denver Post both used the word in front-page headlines. It has also shown up in car commercials and department store ads.
Thursday, October 18, 2007
Hopkins takes Merchant Ivory to Court
Sir Anthony Hopkins is taking Merchant Ivory to court in a bid to claim $750,000 he claims the film production company owes him for a new movie. The actor alleges Merchant Ivory has yet to pay him for starring in "City Of Your Final Destination," so has filed court papers to take the firm to an arbitrator. Hopkins claims the company, who he has made four films with, including the Academy Award-winning "Howard's End," was due to pay him his $750,000 salary by January. Earlier this year, Merchant Ivory disputed Hopkins' version of events.
Thursday, October 4, 2007
Woman sues Bob Barker, "Price Is Right" producers
A woman has sued Bob Barker and the producers of "The Price is Right," alleging she was forced to quit working on the game show. In a lawsuit filed in Los Angeles Superior Court, Deborah Curling claimed she was harassed after she testified against Barker in a harassment lawsuit that was brought against him. Curling's lawsuit alleges hostile working environment, wrongful termination based on retaliation and intentional infliction of emotional distress. Curling is seeking an unspecified amount in damages from Barker, CBS, and production company FremantleMedia.
It's "Wish Upon a Star" vs. "Family Guy"
NEW YORK (AP) -- In the 67 years since its debut, "When You Wish Upon a Star" has been recorded by more than 100 artists and orchestras. But the song's owner is irate about what it calls an unseemly spoof of the familiar tune, saying the dreamy classic was twisted into an anti-Semitic ballad and widely distributed as part of a comedy television program.
In a lawsuit filed Wednesday in U.S. District Court in Manhattan, music publishing house Bourne Co. aims to stop the program's distribution. The suit accuses Twentieth Century Fox Film Corp., Fox Broadcasting Co., the Cartoon Network and others of copyright infringement. It seeks unspecified damages.
The lawsuit said that in 2000, the defendants included the parody, "I Need a Jew," in an episode of the Fox television animated series "Family Guy." The episode, titled "When You Wish Upon a Weinstein," relied on the premise that the main character could not manage his family's finances and needed to hire a Jewish person to take care of his money, the lawsuit said. During the episode, the main character, Peter Griffin, sings "I Need a Jew," which the lawsuit called a thinly veiled copy of the music from "When You Wish Upon a Star," accompanied by new anti-Semitic lyrics.
According to the lawsuit, Fox initially withheld the episode from distribution because of its content but eventually earned large sums of money by distributing more than 1 million copies of it to the public in various home video formats. It said the Cartoon Network first aired the episode on November 10, 2003.
"When You Wish Upon a Star," written by Ned Washington and Leigh Harline, appeared in 1940 as part of the Walt Disney motion picture "Pinocchio." It won the Academy Award that year for Best Original Song. "With its theme of wholesome hopefulness, the song has gained worldwide status as a classic," the lawsuit said. "By associating Bourne's song with such offensive lyrics and other content in the episode, defendants are harming the value of the song."
Bourne is the sole U.S. copyright owner of "When You Wish Upon a Star."
In a lawsuit filed Wednesday in U.S. District Court in Manhattan, music publishing house Bourne Co. aims to stop the program's distribution. The suit accuses Twentieth Century Fox Film Corp., Fox Broadcasting Co., the Cartoon Network and others of copyright infringement. It seeks unspecified damages.
The lawsuit said that in 2000, the defendants included the parody, "I Need a Jew," in an episode of the Fox television animated series "Family Guy." The episode, titled "When You Wish Upon a Weinstein," relied on the premise that the main character could not manage his family's finances and needed to hire a Jewish person to take care of his money, the lawsuit said. During the episode, the main character, Peter Griffin, sings "I Need a Jew," which the lawsuit called a thinly veiled copy of the music from "When You Wish Upon a Star," accompanied by new anti-Semitic lyrics.
According to the lawsuit, Fox initially withheld the episode from distribution because of its content but eventually earned large sums of money by distributing more than 1 million copies of it to the public in various home video formats. It said the Cartoon Network first aired the episode on November 10, 2003.
"When You Wish Upon a Star," written by Ned Washington and Leigh Harline, appeared in 1940 as part of the Walt Disney motion picture "Pinocchio." It won the Academy Award that year for Best Original Song. "With its theme of wholesome hopefulness, the song has gained worldwide status as a classic," the lawsuit said. "By associating Bourne's song with such offensive lyrics and other content in the episode, defendants are harming the value of the song."
Bourne is the sole U.S. copyright owner of "When You Wish Upon a Star."
Tuesday, October 2, 2007
Jury: Isiah Thomas, MSG liable for sexual harrassment
NEW YORK -- A jury ruled Tuesday that New York Knicks coach Isiah Thomas sexually harassed a top team executive, subjecting the married mother of three to unwanted advances and a barrage of verbal insults. The jury also found that Madison Square Garden committed harassment against the woman, and ruled that MSG should have to pay her punitive damages. The same jury will now begin deciding the amount of damages.
The harassment verdict was widely expected after the jury sent a note to the judge Monday indicating that it believed Thomas and the other defendants, Madison Square Garden and MSG Chairman James Dolan, sexually harassed plaintiff Anucha Browne Sanders, who filed a $10 million lawsuit.
The harassment verdict was widely expected after the jury sent a note to the judge Monday indicating that it believed Thomas and the other defendants, Madison Square Garden and MSG Chairman James Dolan, sexually harassed plaintiff Anucha Browne Sanders, who filed a $10 million lawsuit.
Monday, October 1, 2007
REMINDER: ESLS meeting tomorrow, October 2nd
Just a reminder that the next ESLS meeting will be held tomorrow, October 2nd, in Room 209 at 12:30pm. John Bradley, the former chair of the Florida Bar's Entertainment & Sports Law Section will be speaking on a wide range of issues, from sports management to entertainment litigation to IP issues.
See you there!
See you there!
Saturday, September 29, 2007
Jets fan sues Patriots, Belichick for $184 million
A New York Jets season-ticket holder filed a class-action lawsuit Friday against the New England Patriots and coach Bill Belichick for "deceiving customers." The lawsuit filed in U.S. District Court in Newark, N.J., by Carl Mayer of Princeton Township, N.J., stems from the Patriots being caught illegally videotaping signals from Jets coaches in New England's 38-14 season-opening win Sept. 9.
"They violated the integrity of the game," Mayer's attorney, Bruce Afran, told The Associated Press. "This is a way of punishing Belichick and the Patriots." Mayer is seeking more than $184 million in damages for Jets ticket holders.
Belichick was fined $500,000 by NFL commissioner Roger Goodell, and the team was fined $250,000 for violating a league rule that prohibits clubs from using a video camera on the sidelines for any purpose -- including recording signals relayed to opposing players on the field. New England also must forfeit a first-round draft pick next year if it makes the playoffs or a second- and third-rounder if it doesn't.
"They were deceiving customers," said the 48-year-old Mayer. "You can't deceive customers."
The lawsuit maintained that because other teams found illegal videotaping by the defendants, Jets ticket holders should be compensated for all games played in Giants Stadium between the Jets and Patriots since Belichick became head coach in 2000.
The two calculated that because customers paid $61.6 million to watch eight "fraudulent" games, they're entitled to triple that amount -- or $184.8 million -- in compensation under the federal Racketeer Influenced and Corrupt Organization Act and the New Jersey Consumer Fraud Act.
"How many times have the Patriots done this? We find it hard to believe they did it just once," Mayer said. "We just want to get to the truth of the matter of what the Patriots did to the Jets. I think the ticket holders are genuinely concerned about it. This is a type of misrepresentation."
The suit asserts that the secret videotaping violated the contractual "expectations and rights" of Jets ticket holders "to observe an honest match played in compliance with all laws and regulations." The actions of Belichick and the Patriots violated federal and state racketeering laws, as well as the New Jersey Consumer Fraud Act and New Jersey Deceptive Business Practices Act, according to the lawsuit.
"Having been a lifelong Jets fan, as soon as I heard this, I was completely outraged," Mayer said. "The NFL just slapped them on the wrist. I'm a consumer lawyer, and this is consumer fraud."
"They violated the integrity of the game," Mayer's attorney, Bruce Afran, told The Associated Press. "This is a way of punishing Belichick and the Patriots." Mayer is seeking more than $184 million in damages for Jets ticket holders.
Belichick was fined $500,000 by NFL commissioner Roger Goodell, and the team was fined $250,000 for violating a league rule that prohibits clubs from using a video camera on the sidelines for any purpose -- including recording signals relayed to opposing players on the field. New England also must forfeit a first-round draft pick next year if it makes the playoffs or a second- and third-rounder if it doesn't.
"They were deceiving customers," said the 48-year-old Mayer. "You can't deceive customers."
The lawsuit maintained that because other teams found illegal videotaping by the defendants, Jets ticket holders should be compensated for all games played in Giants Stadium between the Jets and Patriots since Belichick became head coach in 2000.
The two calculated that because customers paid $61.6 million to watch eight "fraudulent" games, they're entitled to triple that amount -- or $184.8 million -- in compensation under the federal Racketeer Influenced and Corrupt Organization Act and the New Jersey Consumer Fraud Act.
"How many times have the Patriots done this? We find it hard to believe they did it just once," Mayer said. "We just want to get to the truth of the matter of what the Patriots did to the Jets. I think the ticket holders are genuinely concerned about it. This is a type of misrepresentation."
The suit asserts that the secret videotaping violated the contractual "expectations and rights" of Jets ticket holders "to observe an honest match played in compliance with all laws and regulations." The actions of Belichick and the Patriots violated federal and state racketeering laws, as well as the New Jersey Consumer Fraud Act and New Jersey Deceptive Business Practices Act, according to the lawsuit.
"Having been a lifelong Jets fan, as soon as I heard this, I was completely outraged," Mayer said. "The NFL just slapped them on the wrist. I'm a consumer lawyer, and this is consumer fraud."
Madison Square Garden sues NHL over web "monopoly"
Madison Square Garden sued the NHL yesterday, saying the league has monopolized promotion of its teams. According to the lawsuit, the NHL has claimed it will fine MSG, which owns the New York Rangers, $100,000 per day if it does not give the NHL complete control over the team's Web site and other promotions. MSG said it had no choice but to bring the lawsuit in U.S. District Court in Manhattan because the fines were scheduled to begin yesterday. The organization asked that a judge order the league to stop acting as "an illegal cartel," limiting what the team does to promote itself on the Web and with merchandising efforts.
Update on Isiah Thomas lawsuit
Courtesy of Kati Cornell of the New York Post:
Jurors gave a sign they might be ready to hammer the Madison Square Garden for sexual harassment in a note suggesting they believe a key claim in fired Knicks executive Anucha Browne Sanders' lawsuit against her former employer. The jury sent out the note approximately six hours into its deliberations in the sensational $10 million case against Knicks coach Isiah Thomas and the Garden yesterday.
The note centered on a section of Manhattan Federal Judge Gerard Lynch's legal instructions dealing with a hostile work environment, asking how to pro ceed "if the elements of the claim have been met." The jury indicated they were stymied by "wording" on the verdict sheet that related to this claim, specifically whether the Garden "intentionally" dis criminated against Sanders, and asked the judge for clarification.
Lynch called the seven jurors into the courtroom and told them, "The jury in structions that were read to you are the authoritative and controlling statements of the court. The verdict form is not meant to add or subtract anything."
One juror appeared to give a friendly glance towards Sanders before shooting a glare at the table where Thomas and other Garden executives and lawyers were seated.
The panel's view on claims against Thomas remained a mystery. Sanders claims she was fired in retaliation for lodging complaints against Thomas, whom she has accused of spewing curses at her for a year - calling her "bitch" and "ho" - and then suddenly making amorous advances.
Earlier in the day, the jury asked to review a mountain of evidence, including testimony and depositions from Thomas and two other MSG officials, notes on an internal investigation into Sanders' complaint, and e-mails the fired executive sent to her boss. By mid-afternoon, the jurors asked for more evidence in a note that could indicate they've shifted their focus to retaliation claims against the Garden, asking to read the transcript of statements by Garden Chairman James Dolan.
During his videotaped deposition, Dolan nonchalantly admitted to firing Sanders without consulting his lawyers while her sexual-harassment claims were still under investigation by the Garden. "All decisions at the Garden I make on my own," Dolan said, claiming he believed she'd attempted to tamper with the internal probe. "I specifically did not consult with counsel."
The jury was sent home for the weekend, with deliberations set to continue on Monday.
Jurors gave a sign they might be ready to hammer the Madison Square Garden for sexual harassment in a note suggesting they believe a key claim in fired Knicks executive Anucha Browne Sanders' lawsuit against her former employer. The jury sent out the note approximately six hours into its deliberations in the sensational $10 million case against Knicks coach Isiah Thomas and the Garden yesterday.
The note centered on a section of Manhattan Federal Judge Gerard Lynch's legal instructions dealing with a hostile work environment, asking how to pro ceed "if the elements of the claim have been met." The jury indicated they were stymied by "wording" on the verdict sheet that related to this claim, specifically whether the Garden "intentionally" dis criminated against Sanders, and asked the judge for clarification.
Lynch called the seven jurors into the courtroom and told them, "The jury in structions that were read to you are the authoritative and controlling statements of the court. The verdict form is not meant to add or subtract anything."
One juror appeared to give a friendly glance towards Sanders before shooting a glare at the table where Thomas and other Garden executives and lawyers were seated.
The panel's view on claims against Thomas remained a mystery. Sanders claims she was fired in retaliation for lodging complaints against Thomas, whom she has accused of spewing curses at her for a year - calling her "bitch" and "ho" - and then suddenly making amorous advances.
Earlier in the day, the jury asked to review a mountain of evidence, including testimony and depositions from Thomas and two other MSG officials, notes on an internal investigation into Sanders' complaint, and e-mails the fired executive sent to her boss. By mid-afternoon, the jurors asked for more evidence in a note that could indicate they've shifted their focus to retaliation claims against the Garden, asking to read the transcript of statements by Garden Chairman James Dolan.
During his videotaped deposition, Dolan nonchalantly admitted to firing Sanders without consulting his lawyers while her sexual-harassment claims were still under investigation by the Garden. "All decisions at the Garden I make on my own," Dolan said, claiming he believed she'd attempted to tamper with the internal probe. "I specifically did not consult with counsel."
The jury was sent home for the weekend, with deliberations set to continue on Monday.
Friday, September 28, 2007
Next Speaker - John Bradley - This Tuesday in Room 209
The next ESLS meeting will be this Tuesday, October 2nd, at 12:30pm in Room 209. John Bradley, of the law firm Bradley & Robinson PL, will be speaking.
John is the former Chair of the Entertainment & Sports Law Section (EASL) of the Florida Bar. His entertainment practice includes representation of musicians, bands, authors, photographers, models, and independent record and publishing companies. His music clients have ranged from local artists to platinum sellers to Grammy-nominated musicians to members of the Rock & Roll Hall of Fame.
In 2006, John started his own Sports Management practice, and received admission to the NFLPA as a contract advisor.
John spoke to ESLS last year and gave an outstanding presentation. He's a fun and exciting speaker that really knows how to connect with an audience. So please come this Tuesday to hear all about IP, entertainment litigation, and being an agent.
For more information on John Bradley, go to musiclawattorney.com.
Note: If you haven't paid dues yet, you can slide payment under the door of room 257 (if no one is there) or bring payment to the meeting.
John is the former Chair of the Entertainment & Sports Law Section (EASL) of the Florida Bar. His entertainment practice includes representation of musicians, bands, authors, photographers, models, and independent record and publishing companies. His music clients have ranged from local artists to platinum sellers to Grammy-nominated musicians to members of the Rock & Roll Hall of Fame.
In 2006, John started his own Sports Management practice, and received admission to the NFLPA as a contract advisor.
John spoke to ESLS last year and gave an outstanding presentation. He's a fun and exciting speaker that really knows how to connect with an audience. So please come this Tuesday to hear all about IP, entertainment litigation, and being an agent.
For more information on John Bradley, go to musiclawattorney.com.
Note: If you haven't paid dues yet, you can slide payment under the door of room 257 (if no one is there) or bring payment to the meeting.
Wednesday, September 26, 2007
Judge Fines New Line; "Pooh" Case rejected
Judge Fines New Line $125,000 for Failing to Provide Audits
Seeming to undermine contentions by movie studios that their accounting practices are transparent and that profit participants in their films are free to examine their records, a federal judge has fined New Line Cinema $125,000 for failing to provide sufficient documentation about its revenue for "The Lord of the Rings: Fellowship of the Ring." Director Peter Jackson has sued the Time Warner-owned company, demanding details of the studio's audits for the film. However U.S. Magistrate Steven Hillman ruled that New Line had provided only a fraction of the documents requested by Jackson's attorneys in the discovery phase of the trial.
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Appeals Court Affirms Rejection of Pooh Case
A California appeals court on Tuesday upheld a trial judge's 2004 decision to toss out a lawsuit filed by the heirs of Stephen Slesinger, owners of the Winnie the Pooh rights, against the Walt Disney Co. because they had improperly searched Disney dumpsters looking for evidence and had thereby obtained thousands of pages of Disney documents, many of them marked privileged and confidential. Daniel Petrocelli, the attorney representing Disney in the lawsuit, had called the conduct of the Slesingers "an assault on the legal system." The heirs claim that Disney failed to pay royalties owed under a 1983 contract covering Pooh merchandise. A spokesman for the family said Tuesday that they would appeal the ruling to the California Supreme Court.
Seeming to undermine contentions by movie studios that their accounting practices are transparent and that profit participants in their films are free to examine their records, a federal judge has fined New Line Cinema $125,000 for failing to provide sufficient documentation about its revenue for "The Lord of the Rings: Fellowship of the Ring." Director Peter Jackson has sued the Time Warner-owned company, demanding details of the studio's audits for the film. However U.S. Magistrate Steven Hillman ruled that New Line had provided only a fraction of the documents requested by Jackson's attorneys in the discovery phase of the trial.
* * * * * * * * * * * * * * *
Appeals Court Affirms Rejection of Pooh Case
A California appeals court on Tuesday upheld a trial judge's 2004 decision to toss out a lawsuit filed by the heirs of Stephen Slesinger, owners of the Winnie the Pooh rights, against the Walt Disney Co. because they had improperly searched Disney dumpsters looking for evidence and had thereby obtained thousands of pages of Disney documents, many of them marked privileged and confidential. Daniel Petrocelli, the attorney representing Disney in the lawsuit, had called the conduct of the Slesingers "an assault on the legal system." The heirs claim that Disney failed to pay royalties owed under a 1983 contract covering Pooh merchandise. A spokesman for the family said Tuesday that they would appeal the ruling to the California Supreme Court.
Monday, September 24, 2007
ESLS Happy Hour!!!
ESLS Happy Hour!!!!
This Thursday, September 27th, at Titanic Brewery from 6-8pm.
As there is no Beer at the Rat this week, come to Titanic and get your drink on with the Entertainment & Sports Law Society!!!
This Thursday, September 27th, at Titanic Brewery from 6-8pm.
As there is no Beer at the Rat this week, come to Titanic and get your drink on with the Entertainment & Sports Law Society!!!
Friday, September 21, 2007
Former Ramone sues over song downloads
Richard "Richie Ramone" Reinhardt, a drummer who spent four years in one of the greatest punk bands of all time, The Ramones, filed a federal lawsuit Friday claiming he is owed nearly $1 million in royalties on songs sold over the Internet.
Reinhardt, who performed with the Ramones between 1983 and 1987, sued Wal-Mart, Apple, RealNetworks, the band's management and the estate of its lead guitarist, claiming he had never fully signed over the rights to the six songs he wrote for the group.
Specifically, Reinhardt said there was never any written deal authorizing the sale of those songs digitally. He said he is owed at least $900,000 in royalties, and asked the court to issue an injunction preventing further use of his compositions without permission.
Along with the digital music stores, the lawsuit names a pair of production companies associated with the band and the estate of guitarist John Cummings, who performed under the name Johnny Ramone.
Reinhardt, who performed with the Ramones between 1983 and 1987, sued Wal-Mart, Apple, RealNetworks, the band's management and the estate of its lead guitarist, claiming he had never fully signed over the rights to the six songs he wrote for the group.
Specifically, Reinhardt said there was never any written deal authorizing the sale of those songs digitally. He said he is owed at least $900,000 in royalties, and asked the court to issue an injunction preventing further use of his compositions without permission.
Along with the digital music stores, the lawsuit names a pair of production companies associated with the band and the estate of guitarist John Cummings, who performed under the name Johnny Ramone.
Wednesday, September 19, 2007
Dan Rather files lawsuit against CBS
NEW YORK - Dan Rather filed a $70 million lawsuit Wednesday against CBS, alleging that the network made him a "scapegoat" for a discredited story about President Bush's National Guard service. The 75-year-old Rather, whose final months were clouded by controversy over the report, says the complaint stems from "CBS' intentional mishandling" of the aftermath of the story.
The lawsuit, filed in State Supreme Court in Manhattan, also names CBS President and CEO Leslie Moonves, Viacom Inc. Chairman Sumner Redstone, and former CBS News President Andrew Heyward. Rather, the former anchorman of the "CBS Evening News," is seeking $20 million in compensatory damages and $50 million in punitive damages.
The lawsuit, filed in State Supreme Court in Manhattan, also names CBS President and CEO Leslie Moonves, Viacom Inc. Chairman Sumner Redstone, and former CBS News President Andrew Heyward. Rather, the former anchorman of the "CBS Evening News," is seeking $20 million in compensatory damages and $50 million in punitive damages.
Tuesday, September 18, 2007
NFLPA seeks help from Congress
WASHINGTON -- Under fire from injured retirees who say they were denied sufficient benefits, the head of the National Football League Players Association asked Congress on Tuesday for greater authority to approve disability claims. Gene Upshaw, director of the players association, said the union currently is limited in what it can do for the scores of former players who are battered and broken from years of playing the violent sport.
At the same time, Upshaw and NFL Commissioner Roger Goodell said league pensions are improving. "We have made great progress, and we are not finished," Upshaw told a Senate committee. "Congress can help." It is the first time the union has asked Congress for help with the problem, which was the subject of a House hearing earlier this year.
Retired football players have been openly critical of the NFL and the players' union over the amount of money that older retirees get from a $1.1 billion fund set aside for disability and pensions. The players' union is asking Congress to change federal law so it has more power on the retirement board that reviews disability claims. Under current law, the union can only name three retired former players to the board. NFL owners appoint the other three representatives.
"Since the NFLPA has been criticized when applications are denied -- even though a majority vote of the six trustees is necessary to make a decision -- and since current players are funding the system, it makes sense for the players to be the ones making the disability decisions," Upshaw said.
The union is also asking Congress to tweak federal workers compensation laws and eliminate some of the layers of bureaucracy that make it harder for claims to be honored.
North Dakota Sen. Byron Dorgan, a Democrat who led the hearing before the Senate Commerce, Science and Transportation Committee, said his preference is that Congress not legislate on the issue but stay involved through oversight. Still, he said, "something's not working the way it should work." Sen. John Kerry, D-Mass., said he is prepared to offer legislation, however, if the problem is not resolved soon. "It seems to me the league is dropping the ball here," he said.
At the same time, Upshaw and NFL Commissioner Roger Goodell said league pensions are improving. "We have made great progress, and we are not finished," Upshaw told a Senate committee. "Congress can help." It is the first time the union has asked Congress for help with the problem, which was the subject of a House hearing earlier this year.
Retired football players have been openly critical of the NFL and the players' union over the amount of money that older retirees get from a $1.1 billion fund set aside for disability and pensions. The players' union is asking Congress to change federal law so it has more power on the retirement board that reviews disability claims. Under current law, the union can only name three retired former players to the board. NFL owners appoint the other three representatives.
"Since the NFLPA has been criticized when applications are denied -- even though a majority vote of the six trustees is necessary to make a decision -- and since current players are funding the system, it makes sense for the players to be the ones making the disability decisions," Upshaw said.
The union is also asking Congress to tweak federal workers compensation laws and eliminate some of the layers of bureaucracy that make it harder for claims to be honored.
North Dakota Sen. Byron Dorgan, a Democrat who led the hearing before the Senate Commerce, Science and Transportation Committee, said his preference is that Congress not legislate on the issue but stay involved through oversight. Still, he said, "something's not working the way it should work." Sen. John Kerry, D-Mass., said he is prepared to offer legislation, however, if the problem is not resolved soon. "It seems to me the league is dropping the ball here," he said.
Thursday, September 13, 2007
Suit against Imus dropped
Broadcaster Don Imus will no longer be sued for slander and defamation by a member of the Rutgers University Women's Basketball Team. Imus was axed from CBS Radio earlier this year after he called the mostly-black team a racist and sexist epithet on his radio show, Imus In The Morning. Kia Vaughn filed a lawsuit in New York last month alleging slander and defamation of character - but has dropped the case in a bid to pursue a career in journalism. A spokeswoman for Vaughn's attorney, Richard Ancowitz, says, "Her strong commitments have influenced her decision to withdraw the lawsuit at this time," the statement said. Imus' lawyer Martin Garbus confirmed his client had paid no money to Vaughn.
Tuesday, September 11, 2007
"Wardrobe Malfunction" case begins today
The 3rd U.S. Circuit Court of Appeals in Philadelphia will hear the case of television's most famous Wardrobe Malfunction, and whether or not that incident - accident or planned - should result in a fine of more than half a million on the CBS Network and a $27,500 fine on each of the network's owned local affiliates. CBS initially appealed the fines, calling them illogical because the incident was an accident, not a staged stunt. The FCC contends the network "knew or surely should have known" what was going to happen during their halftime show.
Sunday, September 9, 2007
ABA Forum & EASL
Here are some important links for the upcoming ABA Forum and local chapters of Entertainment and Sports Law Sections (EASL).
The ABA's Forum on Entertainment and Sports Law will be held at the Marriott Marquis in New York from October 11-13. Registration is not cheap. For law students, it costs $325 if registered on or before September 14th, or $425 if registered after that date. The link for the forum is: www.abanet.org/forums/entsports.
The Florida Bar has its own EASL section. Student membership is $25. This is a great way to meet other entertainment and sports lawyers. The section's address is http://easl.info/ and the form for student membership can be found at http://easl.info/modules/Static_Docs/data/affiliate.pdf
The New York Bar's EASL Section has a student membership for $10. Its website is http://www.nysba.org/MSTemplate.cfm?MicrositeID=52
The ABA's Forum on Entertainment and Sports Law will be held at the Marriott Marquis in New York from October 11-13. Registration is not cheap. For law students, it costs $325 if registered on or before September 14th, or $425 if registered after that date. The link for the forum is: www.abanet.org/forums/entsports.
The Florida Bar has its own EASL section. Student membership is $25. This is a great way to meet other entertainment and sports lawyers. The section's address is http://easl.info/ and the form for student membership can be found at http://easl.info/modules/Static_Docs/data/affiliate.pdf
The New York Bar's EASL Section has a student membership for $10. Its website is http://www.nysba.org/MSTemplate.cfm?MicrositeID=52
Saturday, September 1, 2007
Potential lawsuits involving Hynde, "Chuck & Larry"
Rocker Chrissie Hynde has threatened to mount a lawsuit against a handbag maker after they used her name to promote a leather bag. Animal rights campaigner Hynde has branded the decision by trendy holdall designer Hogan to name a new ponyskin handbag in their rock chick-inspired collection 'The Chrissie' "outrageous and thoughtless." Hynde says, "I never thought I'd be moved to consider filing a lawsuit, but as soon as I heard my name was being used to promote bags made of dead-animal skin, I started exploring my legal options with my friends at Peta (People For The Ethical Treatment of Animals) At first, I thought this must be a joke, it's so outrageous and thoughtless."
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Australian actor Michael Caton says he was only making a "tongue in cheek" remark when he suggested that comedian Rob Schneider may have helped Adam Sandler plagiarize the Australian film "Strange Bedfellows" for Sandler's "I Now Pronounce You Chuck and Larry." Both films are about two firefighters who pretend to be homosexuals in order to take advantage of tax benefits for gay couples. Caton, who co-starred in "Bedfellows" with Paul (Crocodile Dundee) Hogan, had told a recent news conference that he had given a copy of the movie to Schneider, who appears as an Asian minister in "Larry." Caton appeared with Schneider in the 2001 film "The Animal." Schneider responded by taking out an ad in the Sydney Morning Herald saying, "I am very flattered that you think that I am the one who chooses the films of Adam Sandler (currently the highest paid actor in the world). ... It is true you gave me a DVD copy of "Strange Bedfellows," but I must confess I've never watched it, as it is not on the same format as I have." Caton responded that he hadn't brought up the matter -- reporters had. In a statement to the Herald, Caton added that he was only kidding when he said that he had emailed Schneider a message saying that if the reports about similarities between the two films are true, "tell Adam Sandler [that he] owes me one." He added that he has not seen "Chuck and Larry." Nevertheless, the Herald reported that Shana Levine, one of the "Bedfellows" producers, is considering filing a copyright-infringement suit against the "Chuck and Larry" producers.
* * * * *
Australian actor Michael Caton says he was only making a "tongue in cheek" remark when he suggested that comedian Rob Schneider may have helped Adam Sandler plagiarize the Australian film "Strange Bedfellows" for Sandler's "I Now Pronounce You Chuck and Larry." Both films are about two firefighters who pretend to be homosexuals in order to take advantage of tax benefits for gay couples. Caton, who co-starred in "Bedfellows" with Paul (Crocodile Dundee) Hogan, had told a recent news conference that he had given a copy of the movie to Schneider, who appears as an Asian minister in "Larry." Caton appeared with Schneider in the 2001 film "The Animal." Schneider responded by taking out an ad in the Sydney Morning Herald saying, "I am very flattered that you think that I am the one who chooses the films of Adam Sandler (currently the highest paid actor in the world). ... It is true you gave me a DVD copy of "Strange Bedfellows," but I must confess I've never watched it, as it is not on the same format as I have." Caton responded that he hadn't brought up the matter -- reporters had. In a statement to the Herald, Caton added that he was only kidding when he said that he had emailed Schneider a message saying that if the reports about similarities between the two films are true, "tell Adam Sandler [that he] owes me one." He added that he has not seen "Chuck and Larry." Nevertheless, the Herald reported that Shana Levine, one of the "Bedfellows" producers, is considering filing a copyright-infringement suit against the "Chuck and Larry" producers.
Film Academy Sues to Stop Sale of Oscars
The Motion Picture Academy of Arts & Sciences is suing to stop the public sale of two Academy Awards given to silent film star Mary Pickford. In the lawsuit filed Wednesday, the academy claims it has the right to buy the historic statuettes and one owned by her late husband for $10 each. The academy contends an heir to the Oscars demanded $500,000 for one statuette alone in July — an offer the academy refused.
Pickford won the Academy Award for best actress in 1930 and was given an honorary Oscar in 1975. When she died in 1979, they went to her one-time husband, Charles "Buddy" Rogers, the lawsuit said. In 1986, Rogers won the academy's Jean Hersholt Humanitarian Award, and when he died all three awards went to his second wife, Beverly. She died in January, leaving the statuettes to her heirs, who are co-executors of her estate.
The lawsuit names three of the heirs, in their roles as co-executors. It alleges anticipatory breach of contract. The suit claims that academy bylaws dating from 1950 and agreements signed by Oscar winners give the academy the first chance to buy Oscars for $10 each if they ever go on the market.
"If the public believes that any multimillionaire can buy an Oscar, then it becomes cheapened," David W. Quinto, an attorney representing the academy, said Friday. "It becomes an article of commerce rather than a very prestigious award." Quinto said Pickford was a founder of the academy and helped approve the Oscar design. "From the academy's point of view it's just unthinkable that Mary Pickford ... would ever consent to do anything that would ever cheapen it in the eyes of the public," he said.
Pickford won the Academy Award for best actress in 1930 and was given an honorary Oscar in 1975. When she died in 1979, they went to her one-time husband, Charles "Buddy" Rogers, the lawsuit said. In 1986, Rogers won the academy's Jean Hersholt Humanitarian Award, and when he died all three awards went to his second wife, Beverly. She died in January, leaving the statuettes to her heirs, who are co-executors of her estate.
The lawsuit names three of the heirs, in their roles as co-executors. It alleges anticipatory breach of contract. The suit claims that academy bylaws dating from 1950 and agreements signed by Oscar winners give the academy the first chance to buy Oscars for $10 each if they ever go on the market.
"If the public believes that any multimillionaire can buy an Oscar, then it becomes cheapened," David W. Quinto, an attorney representing the academy, said Friday. "It becomes an article of commerce rather than a very prestigious award." Quinto said Pickford was a founder of the academy and helped approve the Oscar design. "From the academy's point of view it's just unthinkable that Mary Pickford ... would ever consent to do anything that would ever cheapen it in the eyes of the public," he said.
Wednesday, August 29, 2007
First General Meeting!!!
Attention ESLS members...
The first general meeting of the Entertainment & Sports Law Society will be on Tuesday, September 4th at 12:30pm in room 209. Pizza will be served. (And who doesn't love a free lunch?) The executive board will introduce themselves. Upcoming events, like an ESLS happy hour and the semester's first speaker, will be mapped out. Dues will be collected. All that good stuff.
So mark your calendars for 9/4 at 12:30 in room 209.
The first general meeting of the Entertainment & Sports Law Society will be on Tuesday, September 4th at 12:30pm in room 209. Pizza will be served. (And who doesn't love a free lunch?) The executive board will introduce themselves. Upcoming events, like an ESLS happy hour and the semester's first speaker, will be mapped out. Dues will be collected. All that good stuff.
So mark your calendars for 9/4 at 12:30 in room 209.
Tuesday, August 28, 2007
Judge rules in favor of NYC metal bat ban
NEW YORK -- A judge ruled Tuesday that it was constitutional for the city to ban metal bats from high school baseball games.
U.S. District Judge John G. Koeltl said the new law fits the purpose of legislative bodies like the City Council to protect the public health and safety.
"The protection of the health and safety of high school-age students is entitled to great weight," the judge said. "While the record does not include clear empirical evidence showing that more serious injuries would occur without the ordinance, it is the city's legislative assessment that the risk is too great."
The law is set to take effect Sept. 1. It had been challenged by an organization representing national high school baseball coaches and several companies that make metal bats. The law resulted from claims that today's metal bats cause balls to go farther and faster, heightening the risk of injuries.
In April, the City Council overrode a mayoral veto of the legislation, permitting the outlawing of metal bats in high school games; the goal is to protect young players who are believed to be less capable than older players of reacting to speeding baseballs. The lawsuit was then filed.
U.S. District Judge John G. Koeltl said the new law fits the purpose of legislative bodies like the City Council to protect the public health and safety.
"The protection of the health and safety of high school-age students is entitled to great weight," the judge said. "While the record does not include clear empirical evidence showing that more serious injuries would occur without the ordinance, it is the city's legislative assessment that the risk is too great."
The law is set to take effect Sept. 1. It had been challenged by an organization representing national high school baseball coaches and several companies that make metal bats. The law resulted from claims that today's metal bats cause balls to go farther and faster, heightening the risk of injuries.
In April, the City Council overrode a mayoral veto of the legislation, permitting the outlawing of metal bats in high school games; the goal is to protect young players who are believed to be less capable than older players of reacting to speeding baseballs. The lawsuit was then filed.
Friday, August 24, 2007
Guarantees for Larry Johnson frontloaded in extension with Chiefs
The lucrative five-year contract extension signed on Tuesday by Kansas City Chiefs star tailback Larry Johnson includes $43.25 million in so-called "new money," features an initial signing bonus of $12.5 million, and will pay the four-year pro more than $20 million before his 30th birthday.
The deal includes $19 million in guarantees, but nearly one-third of that is in the form of guaranteed base salaries during the first four seasons of the contract. And to earn the full $5 million in prorated roster bonuses included in the contract, Johnson must be active for all 16 games each season.
Details of the contract, which is essentially a six-year deal that runs through 2012 because Johnson had one season remaining on his original contract, were obtained through league salary documents.
For the 2007 season, Johnson will earn the $12.5 million signing bonus, a $750,000 base salary that is guaranteed, and a workout bonus of $50,000, for a total of $13.3 million. That base salary is a reduction from the $1.8 million Johnson was to have earned in base salary in the final year of his original contract, which he signed as a first-round choice in the 2003 draft.
The salary cap charge for the Chiefs in 2007 is a very palatable $3.356 million.
Base salaries for the extension portion of the contract are $2.5 million (2008), $4.55 million (2009), $5 million (2010), $5.3 million (2011), and $5.9 million (2012). Of those salaries, $2 million is guaranteed in 2008, with $3.5 guaranteed in 2009 and $250,000 in 2010.
There are prorated roster bonuses of $1 million each in 2008-2012, payable at the rate of $62,500 per each game that Johnson is on the active roster. There are also annual offseason workout bonuses of $100,000 each for the 2008-2012 campaigns. And in 2010-2012, there are offseason bonuses of $1 million each if Johnson is on the roster for the first day of the league year, typically defined as March 1.
While the salary cap charges are manageable for this season, they rise steadily after that -- to $6.156 million (2008), $8.206 million (2009), $9.183 million (2010), $9.483 million (2011), and $10.083 million (2012).
Counting all six years, the contract totals $45.05 million. And minus the $1.8 million that Johnson was to have earned under his original deal, the "new money" is $43.25 million.
The deal includes $19 million in guarantees, but nearly one-third of that is in the form of guaranteed base salaries during the first four seasons of the contract. And to earn the full $5 million in prorated roster bonuses included in the contract, Johnson must be active for all 16 games each season.
Details of the contract, which is essentially a six-year deal that runs through 2012 because Johnson had one season remaining on his original contract, were obtained through league salary documents.
For the 2007 season, Johnson will earn the $12.5 million signing bonus, a $750,000 base salary that is guaranteed, and a workout bonus of $50,000, for a total of $13.3 million. That base salary is a reduction from the $1.8 million Johnson was to have earned in base salary in the final year of his original contract, which he signed as a first-round choice in the 2003 draft.
The salary cap charge for the Chiefs in 2007 is a very palatable $3.356 million.
Base salaries for the extension portion of the contract are $2.5 million (2008), $4.55 million (2009), $5 million (2010), $5.3 million (2011), and $5.9 million (2012). Of those salaries, $2 million is guaranteed in 2008, with $3.5 guaranteed in 2009 and $250,000 in 2010.
There are prorated roster bonuses of $1 million each in 2008-2012, payable at the rate of $62,500 per each game that Johnson is on the active roster. There are also annual offseason workout bonuses of $100,000 each for the 2008-2012 campaigns. And in 2010-2012, there are offseason bonuses of $1 million each if Johnson is on the roster for the first day of the league year, typically defined as March 1.
While the salary cap charges are manageable for this season, they rise steadily after that -- to $6.156 million (2008), $8.206 million (2009), $9.183 million (2010), $9.483 million (2011), and $10.083 million (2012).
Counting all six years, the contract totals $45.05 million. And minus the $1.8 million that Johnson was to have earned under his original deal, the "new money" is $43.25 million.
Michael Vick's Plea
Below is a link to Michael Vick's Plea agreement.
http://sports.espn.go.com/photo/2007/0824/vickplea.pdf
Enjoy!
http://sports.espn.go.com/photo/2007/0824/vickplea.pdf
Enjoy!
Comedy writer sues over "Hannah Montana"
Here's a suit featuring all kinds of terms from Contract Law. Prof. Rosen would love this.
LOS ANGELES - A comedy writer is suing The Walt Disney Co., alleging he came up with the idea for the teen television show "Hannah Montana" but was never compensated.
Buddy Sheffield filed the lawsuit in Los Angeles Superior Court on Thursday alleging breach of contract, breach of confidence, unfair competition and unjust enrichment.
Disney officials could not be reached at the company's Burbank offices Thursday evening for comment.
Sheffield, who has written for "The Smothers Brothers Show," "The Dolly Parton Show" and "In Living Color," says he pitched an idea for a television series called "Rock and Roland" to the Disney Channel in 2001. The story was about a junior high school student who lived a secret double life as a rock star, according to the lawsuit.
Disney Channel officials at first liked the idea, but ultimately passed on it, the lawsuit alleges.
The Disney Channel's "Hannah Montana" is about high school student Miley Stewart, who lives a secret double life as a famous pop star.
"Hannah Montana," starring Miley Cyrus and her father, country singer Billy Ray Cyrus, has generated two hit music CDs and helped sell a great deal of merchandise. Sheffield says he deserves a share of the revenue.
LOS ANGELES - A comedy writer is suing The Walt Disney Co., alleging he came up with the idea for the teen television show "Hannah Montana" but was never compensated.
Buddy Sheffield filed the lawsuit in Los Angeles Superior Court on Thursday alleging breach of contract, breach of confidence, unfair competition and unjust enrichment.
Disney officials could not be reached at the company's Burbank offices Thursday evening for comment.
Sheffield, who has written for "The Smothers Brothers Show," "The Dolly Parton Show" and "In Living Color," says he pitched an idea for a television series called "Rock and Roland" to the Disney Channel in 2001. The story was about a junior high school student who lived a secret double life as a rock star, according to the lawsuit.
Disney Channel officials at first liked the idea, but ultimately passed on it, the lawsuit alleges.
The Disney Channel's "Hannah Montana" is about high school student Miley Stewart, who lives a secret double life as a famous pop star.
"Hannah Montana," starring Miley Cyrus and her father, country singer Billy Ray Cyrus, has generated two hit music CDs and helped sell a great deal of merchandise. Sheffield says he deserves a share of the revenue.
Thursday, August 23, 2007
Source: Vick will not admit to killing dogs or gambling on dog fights
Atlanta Falcons quarterback Michael Vick will not admit to killing dogs or gambling on dog fights, as detailed in his indictment, when he enters a guilty plea in a Richmond, Va., federal court Monday, a source close to the case has told ESPN. Instead, the one count of conspiracy that Vick will plead to will admit guilt to the charge of interstate commerce for the purpose of dogfighting.
Vick will admit that he was present when dogs were killed, but will maintain that he did not personally kill any of the dogs.
The allegations of killing dogs and gambling were part of the picture painted by Vick's three co-defendants, all of whom have pleaded guilty.
The source told ESPN that Vick's defense team met with federal attorneys Thursday afternoon to determine the "summary of facts" to which Vick will plead. But the source says Vick maintains that he never killed dogs and never gambled on a dog fight.
Vick, 27, is scheduled to enter his plea agreement Monday and could face up to five years in prison.
Vick's co-defendants said Vick provided virtually all the gambling and operating funds for the Bad Newz Kennels enterprise. Two of them also said Vick participated in executing at least eight underperforming dogs by various means, including drowning and hanging.
Vick will admit that he was present when dogs were killed, but will maintain that he did not personally kill any of the dogs.
The allegations of killing dogs and gambling were part of the picture painted by Vick's three co-defendants, all of whom have pleaded guilty.
The source told ESPN that Vick's defense team met with federal attorneys Thursday afternoon to determine the "summary of facts" to which Vick will plead. But the source says Vick maintains that he never killed dogs and never gambled on a dog fight.
Vick, 27, is scheduled to enter his plea agreement Monday and could face up to five years in prison.
Vick's co-defendants said Vick provided virtually all the gambling and operating funds for the Bad Newz Kennels enterprise. Two of them also said Vick participated in executing at least eight underperforming dogs by various means, including drowning and hanging.
'Dirty Dancing' Makers Mount Copyright Infringement Suit
The makers of iconic movie Dirty Dancing have mounted a lawsuit against companies selling merchandise featuring a popular phrase from the 1987 film. Lionsgate Films filed the suit in Los Angeles District Court last Wednesday against 15 companies which they accuse of illegally using the words "Nobody puts Baby in the corner" on a range of goods. The lawsuit states, "The American Film Institute voted 'Nobody puts Baby in a corner' as one of the top 100 most popular quotes from a motion picture. Plaintiff markets and sells merchandise with the movie trademarks through approved licensees as part of the 'Dirty Dancing' line of approved merchandise." The suit accuses the companies named of "creating confusion" by distributing unofficial Dirty Dancing merchandise, and aims to stop the vendors - including Uncommongoods.com in New York - selling objects featuring the phrase. Lionsgate Films is also seeking a court order to make the 15 companies pay restitution costs and damages.
Wednesday, August 22, 2007
Authorities Probing CBS's 'Kid Nation'
CBS on Tuesday defended itself against mounting criticism that the network may have violated child labor laws and placed children at risk during the production of the forthcoming reality show Kid Nation. Following a complaint by one of the 40 children who participated in the series -- in which kids create their own "society" in a town in New Mexico -- CBS sent a statement to the Los Angeles Times disputing the "course of action being taken by one parent in distorting the true picture of the Kid Nation experience." The statement insisted that CBS and the producers had instituted safety procedures "that arguably rival or surpass any school or camp in the country." The network has argued that child labor laws did not apply to the production because the children, ages 8-15, were not employees of the production company. "The cameras are following people through an experience," a CBS lawyer said, adding that the $5,000 that each of them received (plus additional amounts for competitions) was "not tied to specific output or tasks." Nevertheless, today's New York Times reported that the New Mexico attorney general's office sent a warning to producers while the show was being taped that they might be violating child-labor laws.
Cruise, UA Facing Possible Lawsuit by Extras
A lawyer representing 11 extras who were injured in Germany while filming a scene for the Tom Cruise movie Valkyrie has threatened to sue Cruise, United Artists and the film's producers. "Those responsible on the set displayed inhuman indifference in playing with the health and the lives of the extras," lawyer Ariane Bluttner told Agence France Press Tuesday. She said that she intends to take legal action against the production company "unless it un-bureaucratically and rapidly compensates the injured." Only one of the extras suffered serious injuries. Dressed as German WWII soldiers, the extras were riding in a military panel truck when the incident occurred. Bryan Singer (X-Men, The Usual Suspects) is directing the film.
Tuesday, August 21, 2007
Violent Femmes embroiled in NY lawsuit
Fresh off their latest tour, 1980s folk-punk favorites the Violent Femmes are headed for a surprise gig in federal court.
Bassist Brian Ritchie sued lead vocalist Gordon Gano on Wednesday, saying he was deprived of credit for some of the group's songs and a proper accounting of its earnings.
The lawsuit, filed in U.S. District Court in Manhattan, also accuses Gano of trashing the band's reputation by allowing its signature hit, "Blister in the Sun," to be used in a Wendy's commercial.
Gano, reached by telephone at his Manhattan home, called the lawsuit "a complete surprise" -- especially since the band still regularly performs and just returned from a tour in South Africa.
"We just played a really, really good tour," he said. "Since the early '80s, everything's really good. We're playing better than ever."
In the suit, Ritchie claims he founded the band in 1980, taking on drummer Victor DeLorenzo that year and Gano in 1981.
After releasing a self-titled debut album, "Violent Femmes," in 1983, the band gained fame with hits including "Blister in the Sun," "Add It Up" and "Special." It recorded at least 10 albums and toured the world at least a dozen times, the lawsuit said.
"This action is the unfortunate culmination of an ongoing intra-band dispute between Ritchie and Gano over Gano's misappropriation and misadministration of Ritchie's interests in the jointly owned songs and assets of the band, misappropriation of assets solely owned by Ritchie, improper accounting and nonpayment of royalties," the lawsuit said.
The Wendy's deal was a buzz-kill for the band's fan base, the suit says, causing one fan to comment in an online blog that after hearing "Blister in the Sun" in a commercial, "My ears perked up. Then my jaw dropped. Then my heart sank."
The suit seeks a ruling declaring Ritchie half owner of the band's songs and an accounting of past and future royalties and unspecified damages.
Gano declined to respond to the claims in detail, except to say he wrote the band's songs with one or two exceptions.
Bassist Brian Ritchie sued lead vocalist Gordon Gano on Wednesday, saying he was deprived of credit for some of the group's songs and a proper accounting of its earnings.
The lawsuit, filed in U.S. District Court in Manhattan, also accuses Gano of trashing the band's reputation by allowing its signature hit, "Blister in the Sun," to be used in a Wendy's commercial.
Gano, reached by telephone at his Manhattan home, called the lawsuit "a complete surprise" -- especially since the band still regularly performs and just returned from a tour in South Africa.
"We just played a really, really good tour," he said. "Since the early '80s, everything's really good. We're playing better than ever."
In the suit, Ritchie claims he founded the band in 1980, taking on drummer Victor DeLorenzo that year and Gano in 1981.
After releasing a self-titled debut album, "Violent Femmes," in 1983, the band gained fame with hits including "Blister in the Sun," "Add It Up" and "Special." It recorded at least 10 albums and toured the world at least a dozen times, the lawsuit said.
"This action is the unfortunate culmination of an ongoing intra-band dispute between Ritchie and Gano over Gano's misappropriation and misadministration of Ritchie's interests in the jointly owned songs and assets of the band, misappropriation of assets solely owned by Ritchie, improper accounting and nonpayment of royalties," the lawsuit said.
The Wendy's deal was a buzz-kill for the band's fan base, the suit says, causing one fan to comment in an online blog that after hearing "Blister in the Sun" in a commercial, "My ears perked up. Then my jaw dropped. Then my heart sank."
The suit seeks a ruling declaring Ritchie half owner of the band's songs and an accounting of past and future royalties and unspecified damages.
Gano declined to respond to the claims in detail, except to say he wrote the band's songs with one or two exceptions.
Friday, August 17, 2007
Grammy Foundation Annual Writing Competition
The GRAMMY Foundation® Presents the 10TH ANNUAL ENTERTAINMENT LAW INITIATIVE WRITING COMPETITION
Co-Sponsored by the American Bar Association Forum on the Entertainment and Sports Industries
The ELI Essay Competition invites law students focusing on the entertainment practice to write a 3,000-word paper on a compelling legal topic facing the music industry today. The contest culminates with the winning student authors presenting their essays at the prestigious ELI luncheon on February 8, 2008.
AWARDS:
First Place Winner Receives $5,000
Four Semifinalists Receive $1,500
ALL WINNERS RECEIVE:
* One GRAMMY Awards Show Ticket
* Round Trip Ticket to the GRAMMY Awards in Los Angeles
* Hotel Accommodations
* Ticket to The MusiCares Person of the Year Tribute Dinner honoring Aretha Franklin
SUBMISSIONS MUST BE POSTMARKED BY DECEMBER 20TH, 2007
Winners will be announced on February 1, 2008.
For complete contest rules, send an e-mail to eli@grammy.com
The GRAMMY Foundation's Entertainment Law Initiative (ELI) was conceived as a means to recognize and further develop the bond between the legal profession and the recording community with the goal of resolving issues confronting the music industry. One of the premier educational initiatives of ELI is the national legal writing contest and scholarship program, which is co-sponsored by the American Bar Association Forum on the Entertainment and Sports Industries. Law students from across the country are invited to research, analyze and submit essays regarding important issues facing the industry.
Co-Sponsored by the American Bar Association Forum on the Entertainment and Sports Industries
The ELI Essay Competition invites law students focusing on the entertainment practice to write a 3,000-word paper on a compelling legal topic facing the music industry today. The contest culminates with the winning student authors presenting their essays at the prestigious ELI luncheon on February 8, 2008.
AWARDS:
First Place Winner Receives $5,000
Four Semifinalists Receive $1,500
ALL WINNERS RECEIVE:
* One GRAMMY Awards Show Ticket
* Round Trip Ticket to the GRAMMY Awards in Los Angeles
* Hotel Accommodations
* Ticket to The MusiCares Person of the Year Tribute Dinner honoring Aretha Franklin
SUBMISSIONS MUST BE POSTMARKED BY DECEMBER 20TH, 2007
Winners will be announced on February 1, 2008.
For complete contest rules, send an e-mail to eli@grammy.com
The GRAMMY Foundation's Entertainment Law Initiative (ELI) was conceived as a means to recognize and further develop the bond between the legal profession and the recording community with the goal of resolving issues confronting the music industry. One of the premier educational initiatives of ELI is the national legal writing contest and scholarship program, which is co-sponsored by the American Bar Association Forum on the Entertainment and Sports Industries. Law students from across the country are invited to research, analyze and submit essays regarding important issues facing the industry.
Thursday, August 16, 2007
Donaghy could face state charges
PHOENIX -- Former NBA referee Tim Donaghy could face charges in Arizona's most populous county if investigations by the league and FBI show that he deliberately miscalled two Phoenix Suns playoff games this year, authorities said.
In federal court Wednesday in New York, Donaghy pleaded guilty to two felony charges Wednesday in connection with an NBA betting scandal.
Donaghy faces a maximum of 25 years in prison when he's sentenced for conspiracy to engage in wire fraud and transmitting waging information through interstate commerce.
Maricopa County Attorney Andrew Thomas has sent letters to NBA Commissioner David Stern and the head of the FBI in Washington, saying he wants to know whether Donaghy gambled on the two Suns road playoff games, provided inside information to gamblers or helped determine the outcome by making bad officiating calls.
Thomas said the games in question are the April 29 game against the Los Angeles Lakers and the May 12 game against the San Antonio Spurs.
The Suns beat the Lakers 113-110 in the April 29 game, but lost to the Spurs 108-101 on May 12 in Game 3 of the Western Conference semifinals.
Thomas said that if Donaghy "purposely failed to officiate the games properly and his conduct resulted in changing the outcome of the games, such conduct might have violated Arizona criminal statutes and could be the subject of criminal prosecution."
Special Assistant County Attorney Barnett Lotstein said Arizona's "long arm statute" allows the county to prosecute in such cases.
"If any element of the crime happened in our county, we have jurisdiction," Lotstein said.
Among the possible felony charges are fraudulent schemes and artifices, which carry a possible prison sentence of 3 to 10 years; and bribery of participants in professional or amateur games, which carries a possible prison term of 1 to 3½ years, according to Arizona authorities.
In federal court Wednesday in New York, Donaghy pleaded guilty to two felony charges Wednesday in connection with an NBA betting scandal.
Donaghy faces a maximum of 25 years in prison when he's sentenced for conspiracy to engage in wire fraud and transmitting waging information through interstate commerce.
Maricopa County Attorney Andrew Thomas has sent letters to NBA Commissioner David Stern and the head of the FBI in Washington, saying he wants to know whether Donaghy gambled on the two Suns road playoff games, provided inside information to gamblers or helped determine the outcome by making bad officiating calls.
Thomas said the games in question are the April 29 game against the Los Angeles Lakers and the May 12 game against the San Antonio Spurs.
The Suns beat the Lakers 113-110 in the April 29 game, but lost to the Spurs 108-101 on May 12 in Game 3 of the Western Conference semifinals.
Thomas said that if Donaghy "purposely failed to officiate the games properly and his conduct resulted in changing the outcome of the games, such conduct might have violated Arizona criminal statutes and could be the subject of criminal prosecution."
Special Assistant County Attorney Barnett Lotstein said Arizona's "long arm statute" allows the county to prosecute in such cases.
"If any element of the crime happened in our county, we have jurisdiction," Lotstein said.
Among the possible felony charges are fraudulent schemes and artifices, which carry a possible prison sentence of 3 to 10 years; and bribery of participants in professional or amateur games, which carries a possible prison term of 1 to 3½ years, according to Arizona authorities.
Titans, Jones agree to modified wrestling restrictions
Adam "Pacman" Jones can appear at a wrestling show Sunday, with a couple of provisions: The suspended Tennessee Titans cornerback won't be allowed to touch or be touched, use or be hit by any object or anything else that could injure him.
That doesn't leave much for Jones.
But at least he can be in the building for the Total Nonstop Action Wrestling pay-per-view event. The arrangement was approved by a Tennessee judge Saturday following an agreement among the Titans, Jones' attorney and lawyers for TNA Entertainment.
The Titans received a temporary restraining order Friday that prohibited Jones, who was suspended from the NFL for the 2007 season for violating the personal conduct policy, from even being present at a TNA event.
With Jones promoted to appear at the "Hard Justice" show Sunday night in Orlando, Fla., lawyers worked to resolve the Titans' concerns. Judge Jeff Bivins approved the deal following a 10-minute meeting in his chambers. Jones did not attend the hearing.
Steve Underwood, chief operating officer of the Titans, said nothing changed as far as the team is concerned. "It doesn't mean he can't participate and be present at whatever he's under contract to do with them. It just means that he can't participate in anything where he's going to get hurt. That was always our concern," Underwood said.
And what if Jones does get hurt?
"We're not going to go there. He's not going to get hurt," Underwood said. "He can't do anything that poses risk of significant injury, and all parties are in agreement with that."
The NFL isn't scheduled to review Jones' case until after the Titans' 10th game, which is Nov. 19 at Denver. Jones lawyer Worrick Robinson said the Titans made it clear they still care about his client and want to see him return to the football field.
The original court order applied only to Jones. TNA and co-founder Jeff Jarrett joined the talks and were added as parties to the agreement. An attorney representing TNA was asked if company officials preferred to have Jones wrestle after Jarrett had worked with the cornerback on his ring skills.
"We're very happy he's going to be there and be part of the program," Robin Mitchell Joyce said
Added Robinson: "I think the limited grappling that he was going to be involved with in the first place was not going to take place immediately. But he is fine. He's willing to work within the bounds of what he's agreed and what the judge has ordered."
Jones made his first appearance with TNA during its weekly cable TV show "iMPACT!" Thursday night.
The Titans responded Friday by obtaining the restraining order prohibiting him from participating in the show in any way, even as a spectator or announcer. The Titans cited the NFL player contract that prevents him from engaging in activities in which he could injure himself.
Robinson said TNA may decide to have Jones be in the ring, working within the approved agreement.
"He wanted to put on a show, and he wanted to prepare himself for putting on a show. That's what he was doing," Robinson said. "His role has just changed somewhat now."
That doesn't leave much for Jones.
But at least he can be in the building for the Total Nonstop Action Wrestling pay-per-view event. The arrangement was approved by a Tennessee judge Saturday following an agreement among the Titans, Jones' attorney and lawyers for TNA Entertainment.
The Titans received a temporary restraining order Friday that prohibited Jones, who was suspended from the NFL for the 2007 season for violating the personal conduct policy, from even being present at a TNA event.
With Jones promoted to appear at the "Hard Justice" show Sunday night in Orlando, Fla., lawyers worked to resolve the Titans' concerns. Judge Jeff Bivins approved the deal following a 10-minute meeting in his chambers. Jones did not attend the hearing.
Steve Underwood, chief operating officer of the Titans, said nothing changed as far as the team is concerned. "It doesn't mean he can't participate and be present at whatever he's under contract to do with them. It just means that he can't participate in anything where he's going to get hurt. That was always our concern," Underwood said.
And what if Jones does get hurt?
"We're not going to go there. He's not going to get hurt," Underwood said. "He can't do anything that poses risk of significant injury, and all parties are in agreement with that."
The NFL isn't scheduled to review Jones' case until after the Titans' 10th game, which is Nov. 19 at Denver. Jones lawyer Worrick Robinson said the Titans made it clear they still care about his client and want to see him return to the football field.
The original court order applied only to Jones. TNA and co-founder Jeff Jarrett joined the talks and were added as parties to the agreement. An attorney representing TNA was asked if company officials preferred to have Jones wrestle after Jarrett had worked with the cornerback on his ring skills.
"We're very happy he's going to be there and be part of the program," Robin Mitchell Joyce said
Added Robinson: "I think the limited grappling that he was going to be involved with in the first place was not going to take place immediately. But he is fine. He's willing to work within the bounds of what he's agreed and what the judge has ordered."
Jones made his first appearance with TNA during its weekly cable TV show "iMPACT!" Thursday night.
The Titans responded Friday by obtaining the restraining order prohibiting him from participating in the show in any way, even as a spectator or announcer. The Titans cited the NFL player contract that prevents him from engaging in activities in which he could injure himself.
Robinson said TNA may decide to have Jones be in the ring, working within the approved agreement.
"He wanted to put on a show, and he wanted to prepare himself for putting on a show. That's what he was doing," Robinson said. "His role has just changed somewhat now."
Wednesday, August 8, 2007
Hanks Sues Over Unpaid 'My Big Fat Greek Wedding' Profits
Tom Hanks is suing production company Gold Circle Films for failing to pay him his share of the profits from hit movie, My Big Fat Greek Wedding. The Saving Private Ryan actor has teamed up with his co-producers from the 2002 film, his wife Rita Wilson and Gary Goetzman, along with leading actress Nia Vardalos, to launch the legal action against Gold Circle. The firm is accused of reneging on agreements to pay the four stars a share of the $368 million profits, as stated in their contracts. The producers claim Gold Circle has so far avoided an audit to specify exact revenue from My Big Fat Greek Wedding, instead providing accounts which are "vague and inadequate in failing to provide information consistent with industry standards." They are suing for unspecified damages.
Wednesday, August 1, 2007
Job Opening at NBC
JOB OPENING: COUNSEL/NBCU TV Nets Distribution NJ: Draft, review, negotiate agreements. 3 yrs exp law firm/in-house. Exp in contracts. Gen corp bckgnd. JD req'd. Apply: www.nbcunicareers.com (Job Code #614239)
Wednesday, July 25, 2007
Foxx's Stylist Fails To Amend Lawsuit
Jamie Foxx's former stylist has failed in her bid to amend a lawsuit against the actor to include allegations he insulted her. Stacy Young originally filed a lawsuit earlier this year against the "Miami Vice" star, accusing him of not paying for her styling services for an awards show and press junkets. She tried to amend the lawsuit insisting the actor insulted her and undermined her abilities in front of others - but a motion to change it on Monday was rejected by Los Angeles Superior Court Judge Jane L. Johnson, who ruled it did not comply with state rules. Foxx's lawyer, Allison Hart Sievers, maintained the new allegations are "complete fabrications and have no merit whatsoever."
Saturday, July 14, 2007
"Marshall" and the Law
On June 20, Deborah Novak and John Witek sued the makers of "We Are Marshall," including Warner Bros. and director McG (Joseph McGinty Nichol), for $40 million. The duo - who created the 2000 documentary "Ashes to Glory" - claim that their award-winning film served as the basis for the 2006 feature starring Matthew McConaughey. Both movies tell the story of the Marshall University football team, which lost 36 members and almost all of its coaching staff after a 1970 plane crash. Novak and Witek also claim that producers never fulfilled their promise of onscreen credits and compensation for their involvement in the project.
Tuesday, July 10, 2007
Agent sent to prison for smuggling Cuban players
KEY WEST, Fla. -- A federal judge sentenced U.S. sports agent Gustavo "Gus" Dominguez to five years in prison on Monday for smuggling potential Major League Baseball players out of Cuba.
U.S. District Judge K. Michael Moore ordered the prison term for Dominguez, the 48-year-old co-founder of California-based Total Sports International Inc.
Dominguez, who has represented dozens of Cuban defectors and other major league players, was convicted in April of smuggling five prospects out of Cuba to the Florida Keys and then on to California, where he shopped them to potential teams.
The case was believed to be the first directly linking smuggling with the business of baseball, which is Cuba's national sport as well as the traditional U.S. national pastime.
In addition to five years behind bars, the judge ordered Dominguez to serve three years probation and to pay a $2,100 fine.
Defense attorneys J. Stephen Salter and Ben Kuehne, pleading for leniency, had earlier cited scores of letters, including one written by Hall of Fame pitching great Sandy Koufax, supporting Dominguez.
"I have always considered Gus to be a person of strong character and high moral principles. He has an unshakable love for his culture and does his best to serve as a role model to the players he represents, especially Latin players," Koufax wrote to Moore.
U.S. District Judge K. Michael Moore ordered the prison term for Dominguez, the 48-year-old co-founder of California-based Total Sports International Inc.
Dominguez, who has represented dozens of Cuban defectors and other major league players, was convicted in April of smuggling five prospects out of Cuba to the Florida Keys and then on to California, where he shopped them to potential teams.
The case was believed to be the first directly linking smuggling with the business of baseball, which is Cuba's national sport as well as the traditional U.S. national pastime.
In addition to five years behind bars, the judge ordered Dominguez to serve three years probation and to pay a $2,100 fine.
Defense attorneys J. Stephen Salter and Ben Kuehne, pleading for leniency, had earlier cited scores of letters, including one written by Hall of Fame pitching great Sandy Koufax, supporting Dominguez.
"I have always considered Gus to be a person of strong character and high moral principles. He has an unshakable love for his culture and does his best to serve as a role model to the players he represents, especially Latin players," Koufax wrote to Moore.
Monday, June 18, 2007
ABA Forum Program, Ethical Dilemmas Representing High Profile Celebrity Clients
DATE:
June 19, 2007
LOCATION:
The Recording Academy
3402 Pico Blvd. * Santa Monica, CA
Free parking is available. Please enter through The Recording Academy's gate. Additional parking is available at the back.
ABOUT:
This program will educate the attendees about the ethical challenges attorneys face when representing high profile entertainment clients and what alternatives exist to prevent problems from occuring and to address problems when they arise. The panel will focus on such topics as celebrity clients with substance abuse problems, confidentiality issues, media spotlight, gag orders, celebrity entourages, and handling criminal issues.
MODERATOR:
Gary A. Watson, Entertainment Transactional Attorney
Gary A. Watson & Associates, PC * Los Angeles, CA
SPEAKERS:
Dr. Sheila Balkan, Criminologist
Los Angeles, CA
Stephen D. Barnes, Entertainment Transactional Attorney
Barnes Morris Klein Mark Yorn Barnes & Levine P.C. * Santa Monica, CA
Anthony Brooklier, Criminal Defense Attorney
Marks & Brooklier * Los Angeles, CA
Harold Owens, Senior Director of Addiction Recovery Services
MusiCares Foundation *Santa Monica, CA
Michael J. Plonsker, Entertainment Litigation Attorney
Dreier Stein & Kahan LLP * Santa Monica, CA
For more information:
http://www.abanet.org/forums/entsports/flyer/index.html
June 19, 2007
LOCATION:
The Recording Academy
3402 Pico Blvd. * Santa Monica, CA
Free parking is available. Please enter through The Recording Academy's gate. Additional parking is available at the back.
ABOUT:
This program will educate the attendees about the ethical challenges attorneys face when representing high profile entertainment clients and what alternatives exist to prevent problems from occuring and to address problems when they arise. The panel will focus on such topics as celebrity clients with substance abuse problems, confidentiality issues, media spotlight, gag orders, celebrity entourages, and handling criminal issues.
MODERATOR:
Gary A. Watson, Entertainment Transactional Attorney
Gary A. Watson & Associates, PC * Los Angeles, CA
SPEAKERS:
Dr. Sheila Balkan, Criminologist
Los Angeles, CA
Stephen D. Barnes, Entertainment Transactional Attorney
Barnes Morris Klein Mark Yorn Barnes & Levine P.C. * Santa Monica, CA
Anthony Brooklier, Criminal Defense Attorney
Marks & Brooklier * Los Angeles, CA
Harold Owens, Senior Director of Addiction Recovery Services
MusiCares Foundation *Santa Monica, CA
Michael J. Plonsker, Entertainment Litigation Attorney
Dreier Stein & Kahan LLP * Santa Monica, CA
For more information:
http://www.abanet.org/forums/entsports/flyer/index.html
Thursday, June 7, 2007
Judge issues ruling in favor of Brooklyn arena
NEW YORK -- A federal judge delivered a setback Wednesday to Brooklyn residents trying to stop the state from leveling their homes to make way for a new arena for the NBA's Nets.
U.S. District Judge Nicholas Garaufis dismissed one of two major legal challenges to the project, which is also to include office space and as many as 6,400 new apartments in towers designed by architect Frank Gehry.
Thirteen holdout tenants, homeowners and business owners in the mega-development's vast footprint sued last year to save their properties. They said the planned seizures were a sham, orchestrated for the sole purpose of enriching the Nets principal owner, Bruce Ratner.
Garaufis called that allegation baseless.
"Because plaintiffs concede that the project will create large quantities of housing and office space, as well as a sports arena, in an area that is mostly blighted," he wrote, no reasonable juror could conclude "that the 'sole purpose' of the project is to confer a private benefit."
Ratner released a statement calling the ruling "an important victory" for Brooklyn.
An attorney for the residents, Matthew Brinckerhoff, said he will appeal.
"We are confident that the appellate court will allow this case to proceed to trial, at which the citizens of New York will finally learn the real reason plaintiffs' properties were selected to be forcibly taken, and why Ratner was chosen to reap an unprecedented financial windfall," he said in a written statement.
The development, dubbed Atlantic Yards, still must overcome other legal hurdles, including a lawsuit in state court challenging the validity of the state's review of the project's environmental impact.
U.S. District Judge Nicholas Garaufis dismissed one of two major legal challenges to the project, which is also to include office space and as many as 6,400 new apartments in towers designed by architect Frank Gehry.
Thirteen holdout tenants, homeowners and business owners in the mega-development's vast footprint sued last year to save their properties. They said the planned seizures were a sham, orchestrated for the sole purpose of enriching the Nets principal owner, Bruce Ratner.
Garaufis called that allegation baseless.
"Because plaintiffs concede that the project will create large quantities of housing and office space, as well as a sports arena, in an area that is mostly blighted," he wrote, no reasonable juror could conclude "that the 'sole purpose' of the project is to confer a private benefit."
Ratner released a statement calling the ruling "an important victory" for Brooklyn.
An attorney for the residents, Matthew Brinckerhoff, said he will appeal.
"We are confident that the appellate court will allow this case to proceed to trial, at which the citizens of New York will finally learn the real reason plaintiffs' properties were selected to be forcibly taken, and why Ratner was chosen to reap an unprecedented financial windfall," he said in a written statement.
The development, dubbed Atlantic Yards, still must overcome other legal hurdles, including a lawsuit in state court challenging the validity of the state's review of the project's environmental impact.
Tuesday, June 5, 2007
2nd Circuit rejects FCC ruling
In a 2-to-1 vote, the 2nd Circuit Court of Appeals in New York rejected the FCC's ruling that Fox's airing of "fleeting expletives" uttered by Nicole Richie and Cher during the 2002 and 2003 Billboard Music Awards, equated to indecency. The judges also questioned if the new FCC policy, which was imposed after Bono's word choice during NBC's broadcast of the Golden Globe Awards in 2003, was legally sustainable. The FCC is currently reviewing the appellate court's decision. A second case challenging the FCC indecency ruling involves fines forced on CBS from the Janet Jackson Super Bowl wardrobe malfunction incident.
Thursday, May 31, 2007
Court Raises "Kane" Suit
A federal appeals court in San Francisco has revived a lawsuit filed by the daughter of Orson Welles in which she claimed that the estate of the renowned filmmaker is entitled to a percentage of the profits from sales of Citizen Kane. The film is currently part of the library of films owned by Turner Entertainment Co., a division of Time Warner. An attorney for Beatrice Welles later told Bloomberg News that under an agreement she signed with Turner the reversal of the lower-court decision will entitle her to compensation amounting to "seven figures." But David Quinto, a lawyer for Turner Entertainment, disagreed, saying, "Beatrice Welles hasn't won anything yet." He suggested that the case may still go to trial.
Saturday, May 26, 2007
Judge to dismiss Carol Burnett's lawsuit
A federal judge said he will dismiss Carol Burnett's $2 million copyright infringement lawsuit over the use of her cleaning woman character in the animated series "Family Guy."
U.S. District Judge Dean Pregerson said in a written tentative ruling Friday that he planned to dismiss the lawsuit against 20th Century Fox. He will issue a final ruling later.
The 74-year-old comedian sued the studio in March, contending that the Fox show didn't have her permission to include her Charwoman character in an April 2006 episode.
The episode portrayed the character as a cleaning woman in a sex shop and also used a version of the theme music to her old TV series without permission, the lawsuit claimed.
At the time, the studio said it was surprised by the lawsuit over what amounted to about an 18-second scene.
U.S. District Judge Dean Pregerson said in a written tentative ruling Friday that he planned to dismiss the lawsuit against 20th Century Fox. He will issue a final ruling later.
The 74-year-old comedian sued the studio in March, contending that the Fox show didn't have her permission to include her Charwoman character in an April 2006 episode.
The episode portrayed the character as a cleaning woman in a sex shop and also used a version of the theme music to her old TV series without permission, the lawsuit claimed.
At the time, the studio said it was surprised by the lawsuit over what amounted to about an 18-second scene.
Monday, May 7, 2007
Marilyn Monroe loses publicity right
Movie icon Marilyn Monroe lost her right of publicity when she died in 1962, a New York court has ruled. It was decided on Wednesday the Some Like It Hot star relinquished power to control the commercial use of her name and image after her death, giving permission for family members of late photographer Sam Shaw to continue selling and licensing pictures of the actress, including the iconic photo of the blonde beauty standing above a subway vent. Monroe's estate sued Shaw Family Archives and Bradford Licensing Inc. in 2005 in Indiana alleging violations of the superstar's right of publicity. The dispute arose after the release of controversial T-shirts featuring an image of the star taken by Shaw. Shaw's family subsequently filed a declaratory relief action over the dispute in New York federal court.
Friday, April 20, 2007
Official Welcome From Our Fearless Leader
Welcome!
Please check this blog often to keep updated on news about Entertainment and Sports Law, job postings, ESLS events, and more!
You can always contact us at: UM.ESLS@gmail.com if you have any questions or comments.
Thank you for joining us!
Sincerely,
Sharlene on behalf of the ESLS E-Board :o)
Please check this blog often to keep updated on news about Entertainment and Sports Law, job postings, ESLS events, and more!
You can always contact us at: UM.ESLS@gmail.com if you have any questions or comments.
Thank you for joining us!
Sincerely,
Sharlene on behalf of the ESLS E-Board :o)
Thursday, April 19, 2007
Sports Law - NFL Contract Voided
Below is an article from ESPN.com's John Clayton. Someone in the New England Patriots' legal department made a big boo-boo.
* * * * * * * * * * * *
Special Master rules in favor of Sauerbrun
By John Clayton
ESPN.com
A Special Master ruled Wednesday punter Todd Sauerbrun is now a free agent -- available to sign with any team -- after winning a grievance that voided the New England Patriots right to match a one-year contract he recently signed with the Denver Broncos.
The failure to put the first-right-of-refusal provision in a separate attachment to the contract was the reason the Special Master ruled in favor of Sauerbrun. The case was argued in his behalf by Jeff Kessler, one of the labor lawyers who helped to write the collective bargaining agreement.
Sauerbrun signed a contract with the Patriots last fall that had a first right of refusal provision, giving the team seven days to match any offer Sauerbrun might receive in free agency in 2007. The CBA states such clauses must be put on a separate page and not on a page that explains the main terms of the contract.
For whatever reason, the Patriots put the right to match on the contract term sheet.
The Broncos signed Sauerbrun to a one-year, $820,000 contract and Sauerbrun wanted to go to Denver. The Patriots matched.
Thanks to the ruling, Sauerbrun can sign with the Broncos or any other team he chooses.
* * * * * * * * * * * *
Special Master rules in favor of Sauerbrun
By John Clayton
ESPN.com
A Special Master ruled Wednesday punter Todd Sauerbrun is now a free agent -- available to sign with any team -- after winning a grievance that voided the New England Patriots right to match a one-year contract he recently signed with the Denver Broncos.
The failure to put the first-right-of-refusal provision in a separate attachment to the contract was the reason the Special Master ruled in favor of Sauerbrun. The case was argued in his behalf by Jeff Kessler, one of the labor lawyers who helped to write the collective bargaining agreement.
Sauerbrun signed a contract with the Patriots last fall that had a first right of refusal provision, giving the team seven days to match any offer Sauerbrun might receive in free agency in 2007. The CBA states such clauses must be put on a separate page and not on a page that explains the main terms of the contract.
For whatever reason, the Patriots put the right to match on the contract term sheet.
The Broncos signed Sauerbrun to a one-year, $820,000 contract and Sauerbrun wanted to go to Denver. The Patriots matched.
Thanks to the ruling, Sauerbrun can sign with the Broncos or any other team he chooses.
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