Entertainment Law Podcasts of the Week

1.     How the Power of Branding Drives Trademark Law (From the Thompson Compumark Podcasts Series by Thomson)

The podcast centers in how trademark law has had to adapt given to the new branding rules brought by the world of the Internet. Nowadays, protecting a company’s name and the image that represents that name has become global. No longer does trademark law center on the U.S, but also in worldwide markets. The following cases were addressed to prove this point:

b.     Metel v. Barbies

“Barbies”, a restaurant in Canada decided to post their menu online in order to give leverage to their brand and attract new customers. However, Mattel, the creator of the doll line, “Barby”, became aware of the incident and asked the Canadian restaurant to please remove their website for it was infringing the “Barby” trademark. The Canadian restaurant did not comply, and Mattel went to court with the case alleging, “we were famous” and thus deserved to ask for other similar brands to be expunged. Yet, the supreme court of Canada responded to Mattel that there had to be a connection between the channels of trade before an opposition could be upheld. Thus, the court specified they still had to use the totality of the circumstances and not the mere statement Mattel “was famous.”

In my opinion, no matter how much leverage and popularity your brand acquires, procedures in court have to be made within the process established for that particular infringement. People cannot get “too cocky” as the lawyer in the podcast expressed. The law is the law, and although popularity is for the masses, a country is ruled by a code and not by self-centered individuals with elevated egos.

c.      Jaguar v. Remo Imports

Jaguar, the motorcar trademark expanded to sell leather-made goods in the 1980’s. However, Remo imports filed a lawsuit that Jaguar was associating goods that competed with their trademark and thus was driving consumers into a market in which they did not belong. Jaguar backfired their claim by arguing it was a natural extension for a brand like Jaguar, which inspires luxury and wealth, to sell leather-made merchandise with the logo of the company on it. In addition to this argument, they added that Remo on the contrary was using their claim to diminish the value of their brand in order to sell products of their own which resembled Jaguar’s and which were fabricated way after. The result was the court ruling an expunge of the Remo products.

d.     Levi’s v. Small Businesses

Small businesses filed lawsuits against Levi’s for using the word “overalls” as part of their trademark association. Levi’s argued back that although it was their purpose to expand as a brand, the word “overalls” could not be taken away from their trademark’s association to consumers given jeans (the primary product of Levi’s) were technically considered a type of overall. Yet, the court asked Levi’s in return of reversing the small businesses’ claims to include “male, female, and children overalls” in their advertisement if they desired such expansion of the brand legally to take place.

2.     Monkeying around with copyright law (Episode 23 of the Entertainment Law Update Podcasts Series by Gordon P. Firemark)

The podcasts comment about different cases regarding copyright law and copyright infringements happening now.

b.     Righthaven, a copyright troll (company that goes around acquiring rights in copyrighted materials so that instead of suing people, they can get money by settling the matter on their own without litigating), has been filing lawsuits against bloggers and online users who have been republishing work that official newspapers and magazines rightfully own. Yet, they have failed three strikes in a row based on the court not favoring Righthaven’s actions and the court’s interpretation that the true copyright holders of the pieces in question are the magazines and newspapers that originally produced them.

                                               i.     Righthaven v. Democratic Underground

                                              ii.     Righthaven v. Hoean

                                            iii.     Righthaven v. Dibiase

c.      Jack Kirby v. Marvel

Jack Kirby appeals loss in Marvel copyright lawsuit based on his work made between 1958-1963 in the company stating that there was never an official contract that mentioned Kirby working for the company in order to deliver ideas that would be used later by Stan Lee in the final comics. Marvel restated this was a work for hire and that in any work for hire when one works for a company, one’s creations belong to that company. Yet, Kirby has shielded in the copyright act of 1909 (act ruling during that time), which does not specify what a “work for hire” entails (meaning it didn’t exist back in the time). He has mentioned he was only instructed to create pages of ideas through sketches, but was never told they would be the base of current Marvel characters, which catapulted the brand to success. This appeal is in proceedings since the time due to lack of evidence from behalf of Kirby.

d.     Warner Brothers Entertainment, Inc v. X1X Productions

Although the Lyman Frank Baum characters by law should have entered to be public domain by now, Warner Brothers, with the creation of “The Wizard of Oz” in 1939, acquired a renowned trademark over specific looks of the characters. This has been a battle between being a trademark claim and a copyright claim. Warner Brothers wants to claim other people need to acquire license and rights from them in order to use the characters. Yet, other entities have been smart by not being detailed about the main characters and have stayed with secondary characters which weren’t very well depicted in the 1939 version such as in the case of the “Wicked” play producers.

3.     YouTube, Hurt Locker, and Idea Theft (Episode 12 of the Entertainment Law Update Podcasts Series by Gordon P. Firemark)

The podcasts comment about different cases regarding copyright law and copyright infringements happening now.

a.     Michael Douglas v. Diandra Douglas

The film Wall Street 2 reignited a battle between superstar Michael Douglas and his ex-wife Diandra Douglas given her divorce decree stated when would receive 50% of the income from any “spin-off” of a film made during the time of their marriage. However, the court brought a problem to the definition of the term “spin-off” which is not a legal term. According to the speakers of the podcast, what she should have drafted in the decree was “any derivatives.” Nonetheless, the case is currently pending a decision.

b.     Viacom v. Google/Youtube

The district court of the southern district of New York ruled that Youtube/Google is not liable to the contributory copyright infringement Viacom was claiming. The court protected Youtube/Google based on the safe harbor provision section 5.12 of the DMCA where the service provider is not liable for infringement by reason of storing user generated material if the provider is not knowledgeable that the material is infringing. Viacom opposed arguing Youtube knew about its infringements and was only pretending not to know in order to fill their website with content.

c.      The U.S. Copyright Group v. 5,000 illegal downloads

The creators/producers of the award-winning film “The Hurt Locker” incorporated a copyright protection firm, which accuses 5,000 Internet users of downloading illegal digital copies of the film via bi-torrent software. Comcast when alleged said they would work on the matter when the time comes on a per-case basis, and the court is currently questioning if filing against/persecuting 5,000 people is a legitimate way of copyright protection. Copyright can only protect when there is a specific defendant and when there is a series of transactions (in terms of illegal downloads) harming the filing company. However, with bi-torrent in extremely hard to calculate given elements which trigger a lawsuit.

References:

How the Power of Branding Drives Trademark Law

http://itunes.apple.com/us/podcast/how-power-branding-drives/id264628681?i=23010931

Monkeying Around With Copyright Law Podcast

http://itunes.apple.com/us/podcast/id313301718?i=96594890

Use the Force, Big Boy, and Watch Out for Beyonce’s Undies

http://itunes.apple.com/us/podcast/entertainment-law-update-podcast/id313301718?i=93105276

Infringment in the Entertainment Industry

This week’s post will be centered in legal liabilities within the entertainment industry and the world. I believe it is of crucial importance to quote and refer our resources when we write and create any type of material. From books to music to schoolwork, we always need to be original and deliver proper credit to the people who said or thought concepts we are using for our new thesis.

The first article I encountered in my search for legal liabilities within this year was Adrian Jacob’s lawsuit for copyright infringement against J.K. Rowling. Jacob, who died in 1987, but was represented by family members, wrote the children book series “Willy the Wizard”, which were claimed to be very similar to his counterpart’s series “Harry Potter”.

The lawsuit was filed in a court of London and the PR representing the family stated it would be a lawsuit worth millions of dollars. The suit more specifically accused “Harry Potter and the Goblet of Fire” to have identical elements stolen from “Willy the Wizard: Livid Land”. Yet, Judge Shira Sheindlin from the United States court said “The contrast between the total concept and feel of the works is so stark that any serious comparison of the two strains credulity" (Guardian UK). She clarified the absurdity of the claim and favored Rowling.

I believe this case was not only absurd, like Judge Sheindlin implied, but also was a waste of time given to the passing of time that took the suit to take place after the publishing date of the Harry Potter sequel. “Harry Potter and the Goblet of Fire” was published in 2000, Jacob’s book was written before 1982, and yet the suit was made last year. Furthermore, Rowling’s books have already acquired amazing success including 7 blockbusters in Hollywood, which have grossed millions one at a time. Even if she had plagiarized a page or half a book, the fans of Harry Potter are so vast that the public acclaim would be overwhelmingly shielding against the faulty lawsuit. Not only has Rowling written a book 600 pages long which surpasses Jacob’s 36 pager, but she has created an entire world book after book, which has built a worldwide franchise.

http://www.csmonitor.com/Books/chapter-and-verse/2010/0218/J.K.-Rowling-faces-another-plagiarism-suit

http://www.guardian.co.uk/books/2011/jan/07/harry-potter-plagiarism-case-us-court

The second article I encountered was NME’s accusation against Lady Gaga in copying Madonna’s “Express Yourself” with her hit “Born this Way”. Infuriated, she said in return the only element she had transcended was the song’s beat rhythm or to be more exact:

“What a completely ridiculous thing to even question me about… If you put the songs next to each other, side-by-side, the only similarities are the chord progression. It's the same one that's been in disco music for the last 50 years. Just because I’m the first f***ing artist in 25 years to think of putting it on Top 40 radio, it doesn’t mean I’m a plagiarist, it means that I’m f***ing smart. Sorry.” (USMagazine.com).

In my opinion, I also think this accusation (which has not been taken into a law suit yet) is not relevant. “Born this way” is not similar neither in lyrics nor in style, it is only similar in tempo. Thus, I find ridiculous they accuse her of copyright infringement just because they relate in their support for the LGBT community, and not in tangible evidence that “Born this Way” is literally a copy of “Express Yourself”. Even the videos if you check them on YouTube differ drastically. While Gaga’s video resembles an orgy from the point of view of a drug addict (http://www.youtube.com/watch?v=wV1FrqwZyKw), Madonna’s video resembles a classic piece that illustrates entrapment and confusion, not perverted sex (http://www.youtube.com/watch?v=GsVcUzP_O_8). Ultimately, I would say the beats in both songs are similar, but Madonna’s has way more congas and an 80’s style than Gaga’s. From a tangible standpoint, I do believe NME is out of place in accusing Miss Germanotta of copyright infringement.

http://www.usmagazine.com/moviestvmusic/news/lady-gaga-calls-madonna-plagiarism-charges-retarded-2011204

My third and last search of the day was the famous lawsuit filed in Germany from the University of Bayreuth against defense minister Karl-Theodor Freiherr Zu Guttenberg. Although it is a case not pertaining to the entertainment industry, I am bringing it to this blog because I consider certain politicians such a George W. Bush and Sarah Palin to be celebrities of gossip and publicity money makers. Just as such, I believe in Germany Mr. Guttenberg to be the same. He was “shooting star” of conservatism driven by the public force to become Germany’s future chancellor. The 39-year-old baron, as they call him, excelled the expectations of his fellow Germans:

“In less than two years as defense minister, Guttenberg pushed through the most drastic reform of Germany's armed forces since the second world war. Most notably, he successfully fought for a plan to end conscription, part of an effort to slim down the German military and make it better adapted to an era in which it faces growing demands to deploy overseas.” (Hellen Pidd, Guardian UK).

However, one lawsuit, one accusation accompanied by massive press was all that Guttenberg needed to cease power. Bayreuth University accused him of plagiarizing his PHD thesis and although it is not considered in the US a felony or IP transgression, it was enough because of the media to shoot him down. This was aggravated when he testified in public, “I was always prepared to fight but I have reached the limits of my powers” and “I did not deliberately cheat, but made serious errors”.

Quite opposite in this case, I am in favor with the University of Bayreuth because of the nature of the case and the background of the accuser. I believe Mr. Guttenberg should have never agreed in public he did some errors in his thesis. He did not only feed a destructive force such as the media, but also directed his journey as a politician onto having to resign or he would lose faith from the people. Also, I believe this time the accuser was a scholarly source with a lot of background concerning law and education. If you are fighting against a scholastic institution and the media at the same time in a country like Germany, an individual like Mr. Guttenberg no matter how much power acquired will almost always fail. I believe he only plagiarized by not focusing and taking care of accrediting his sources; it wasn’t a voluntary action. However, it was his position in Germany’s society, which weakened his possibilities in winning a case against a force like the media who is specialized in destructive spin when it come to informing citizens.

http://articles.cnn.com/2011-03-01/world/germany.politics_1_defense-minister-plagiarism-scandal-guttenberg?_s=PM:WORLD

http://www.guardian.co.uk/world/2011/mar/01/german-defence-minister-resigns-plagiarism

APPLE VS GOOGLE/HTC

I have found mesmerizing the battle between Apple and HTC about copyright infringement issues. I believe Apple in a way has to take a grip and realize that although they were the innovators of the smartphone market, they still need to compete outside of a courtroom. The world will change and adapt to innovators in order to compete and stay up with emerging technology. It is Apple who needs to drastically bring something new to the table with its new iPhone 5.

On the other hand, I believe HTC has also to make something unique that in combination with Android’s operating system sets their company apart from Apple. Android has an amazing apps market that although it hasn’t reached the number of applications the App store has; it still develops each year in large quantities. I believe HTC is a company that prides itself of selling its products all over in the US no matter which provider it is. The company does give exclusivity with certain models to specific providers; however I believe this factor makes HTC way more flexible than Apple.

Apple has always given exclusivity to AT&T and recently gave exclusivity to Verizon. I think they were very smart in choosing a high profile counterpart for AT&T which worked without Sim cards. As we know, the market is separated in two different types of technology: GSM, which utilizes Sim Cards (AT&T, T-Mobile & Simple Mobil) and CDMA, which works without Sim cards (Verizon, Sprint, Metro PCS). The fact Apple chose to have two carries with these two different types of technology allows their phones to be used by both types of customers, which fight between speed and versatility. Apple also prides itself to have the biggest apps network available in the world. Its App store contains more than 400,000 applications today while the Android market has somewhat more than 150,000. Thus, it is the app store that currently carries the iPhone, not necessarily the phone itself. 

Ultimately, it is visible why Apple and HTC are having a copyright debate. One company is the innovator and the other has become the developer of smart phone technology. I believe Apple should come up with a mind blasting iPhone 5 next year and new features in its App store in order to catch up with HTC instead of arguing in courtrooms. On the other hand, I believe HTC should create something unique about them aside of making their phones available for tethering, and Android having Flash incorporated (a super + for HTC/Android over Apple). HTC should bring technology that stets them apart of Apple in order to make Apple adapt to their technology in order to compete in today’s cell phone market.

 

D&M brings a new light to the invisible

Digital Artist management in Los Angeles, California is a management company for post artists such as Animators, Visual FX designers, and editors. I find this company interesting because it is dedicated to represent those who usually are never represented. Beyond production crews, post crews are very misrepresented in the world of Hollywood and many of them work through contacts and networks. However, digital artists just starting in the world of entertainment have a lot of problems connecting with companies, which can have the ability to boost their careers.

The website consists of 7 tabs and a resume submission link. Within these two tabs, three are job seekers, client services, and hot jobs. These three links prove to be in deed helpful and informative once you enlist with the company. They will provide current jobs in the California area and further give you their contacts once you join. 

I believe it’s a great opportunity for postproduction crewmembers around the US to connect with high profile companies in the entertainment industry. Moreover, I believe this company is a very good example of an artist management team wanting to do business in unexplored areas. The world is now overpopulated with starving digital artists that need the influence and network of companies such as D&M. D&M is a company that does not only benefit digital artists, but also benefits from clients who wish to join the company’s network and hire new post crews for their upcoming projects.

Overall, I believe Digital Artist Management makes part of our revolutionary way as professionals to connect with each other. Employers are now gradually taking advantage of the Internet and various online systems to connect people with new jobs. D&M makes part of this system; a system which breaks the conventional and overly structured ways of hiring to a faster unconventional way. D&M is now part of the new millennium of online advertisement and personal branding.

THE POTTER LOTTERY

Harry Potter has not only been a phenomenon for both literature and the big screen, but a franchise with ultimate financial success both at the box office, the game world, and has been the king of ancillary media. The last installment of the saga, which has grossed domestically $295,001,070 and $657,240,000 internationally, demonstrates to us the power of a fan base, excellent marketing, unceasing followers of the past 6 films, and an the work results of an incredible team.

http://boxofficemojo.com/movies/?id=harrypotter7.htm

The saga has changed from adventure-fantasy attractions for children to action-thriller magnetisms for adults as the characters grow older and the story becomes more intrinsic. Harry Potter is truly an example not necessarily of a good film, but of a well marketed film whose team understands the impact that its elements have for viewers and society overall:

1.     Executive producers understood that the films would be an immediate success because they already had a fan base, which supported the franchise.

2.     The team knew they were going to have the teen actors grow up as the saga evolved; however, it is established in the books that the characters go from 11 to 17 years old. If it is established in the books, then it is established in the films and the fan base will sustain. It is extremely important to sustain the fan base for it is the core that maintains the franchise running.

3.     The world believes in a better place, magic, fairy tales, and dwarfs. With a repressing economy, the high impact of gas high prices, the middle-east becoming a stronger force, and a stack of uninteresting films made by other studios, Harry Potter is a story to look up to by many people.

4.     Although it relies in a magical world, the story really reflects the adversities of a kid growing up in this world and the ways he confronts them next to his friends who become his real family. BOOM! This is an immediate hook up for all because both adults and children desire deeply in their hearts a process they relate to. Everybody needs to correlate and grow within a system. Harry Potter’s system is unique, the circumstances are magical, but the essence of development, the process of growth, and the overcoming of adversities is as natural and normal as ours.

http://popwatch.ew.com/2011/04/14/this-weeks-cover-harry-potter-summer-movie-preview/

Film Financing

All filmmakers dream in making films and pushing them out there for the public, yet how is that some movies make it to the big screen and are distributed to a larger market and some others don't? Simple. Before distribution and before production, it is important to understand every film needs to be properly financed and have the right funds that takes to deliver your creation into a product.

I did a fast research and found several online choices which served me and can serve you to possibly fund a project. Here are the gold miners: 

1. Funded.com

It is a website designed to connect you to different types of investing options such as angel investors, venture capital, start up funding, and business funding (to expand). Also, it instructs you about certain steps on how to build professional business plans to show, create patents and trademarks, and make an overall impact.

2. Filmunderground.com/EFilmFund

This is a website that on the opposite of IMDB, it literally connects filmmakers by area and interest. Also, it provides several courses which teach how to fund your films, and you never know what investor might be lurking.

3. GoBigNetwork.com

Now this website only connects investors with filmmakers and other business owners. They allow you to create a business plan, even teach you steps on how to do it right, and contact specific investors or just ask for funding in a special post that allow investors interested in your project to come in. This is a great website for people who are starting with a new business or who intend to somehow grow in a market and sell a new product.

Overall, film funding is not an easy task. As a filmmaker, you must attract investors by offering special details in your business plan that show they most certainly will get their money back. Do you plan to have any starts or B-list actors in your film that might attract audiences? Do you have their letters of intent? Do you have any sort of bond with a distributor already? Do you have a business plan for your feature? How do you plan in making revenue out of your film?

This are questions we all should ask ourselves in order to prepare and get the funds we all crave to finance our next big project.

THE MPAA

 
In my research to extend my knowledge about the different networks in the film industry, I was amazed at the format of the new MPAA website. The site is easy to access, comfortable, and easy to understand. The beauty is that it descriptively explains and relates different aspects such as film ratings, content protection, policy and research, and it also provides news and research for parents. These are all distributed in tabs that allow you to easy access other menus.

Also, the website provides with short cuts that highlight as soon as you pass your cursor over them. Options such as film rating search, movies and TV shows online search, copy right information, movies-economy relations, resources for parents, and news which involve press releases, MPAA insider news, and media contacts.

The film ratings section explains it is a designed system to allow parents to decide whether or not they should let their children watch a specific type of content. It further describes that ratings are assigned by an independent board of parents with no past affiliation to the movie business. Their job is to rate each film as they believe a majority of American parents would rate it. It provides menus which you can use to access movies with different ratings, the meaning of such ratings, red carpet ratings, and movie advertising.

It is important to see how the MPAA is designed to respect the audience for it is considered irrevocably important when it comes to motion picture sales. I learned the MPAA is an entity that bridges this industry with its audience. It is a conglomerate of studios interested in connecting with its audience and further expanding their knowledge about ratings, content availability, and copyrights.

The movies online section shows us the different players, legal video playing sites, and emphasizes in information such as content theft, piracy reporting, and its relationship with higher. This leads me to think the MPAA is interested in maintaining more than 2.4 million jobs in the industry by informing people where to watch content online without breaking copyright law. Their mission is also to make young adults in colleges to understand their objective of delivering high quality and legal content they can use for their education and of course stay out of trouble.

The copyright or content protection section emphasizes in their mission to protect artists and creations alike. Their aim is to maintain like I said before those 2.4 industry jobs in the United States and to facilitate people content without having to recur to piracy by allowing distributors to use controlled online resources. This page is pretty much similar to the movies online section. It delves with copyright law but explains in depth their pursuits to create public awareness of the issue.

Also, the MPAA gives you an analysis based on the impact that motion pictures give to the US economy. Here, they distribute the information across tabs which emphasize the state, the gross income, and the amount of people employed within the industry.

Subsequent to that tab, there are the resources for parents and news sections. In these sections, parents have access to resources that help them avoid the dangers of online environment. Furthermore, they have access to global press releases and local news about the MPAA.








These pages are designed to give parents the freedom to choose for themselves and learn about content restriction resources such as webpages and articles which educate in the matter.