Entertainment Law

I pay close attention to the matters that my friends are involved in. And when a close friend has accomplished a strong victory for his client, I think its important to give proper credit when credit is due.

Going through law school I was told stories by my mentors about how the legal profession “used to be.” Even today, 12 years after my graduation, I talk to the old school lawyers about the days when the law was a civil profession. Attorneys could cooperate in the preparation of a case, bash each other’s brains in during court, and then walk down to the corner tavern and enjoy a beer together. Unfortunately, so much acrimony surrounds our profession today that it’s a nice surprise when good lawyers get together and accomplish great things for their clients — especially when it can be done with such dignity. I have to pass on my commendation to my close friend Randazza and his graciousness toward his opposing counsel in his case concerning Anthony Ciolli. Read about it here. Of course, from what I read on his blog, and in a private discussion with Randazza about the case, it sounds like Mr. Lemley seems to have earned every bit of that graciousness. This is what the practice of law should be like - the good ‘ol days: lawyers treating each other with respect, regardless of how much the clients may be at each others’ throats.

Reuters is reporting that the musical artist, Prince, is taking legal action against his fan websites. You can read the story here. According to the article,

Fan sites dedicated to Prince say they have been served legal notice to remove all images of the singer, his lyrics and “anything linked to Prince’s likeness,” and have vowed to fight what they said was censorship.

Apparently, the three web sites, www.housequake.com, www.princefams.com and www.prince.org, have united against Prince in an effort to challenge him in court if necessary. The united group has established its own website www.princefansunited.com. According to Reuters, the web sites believe “that such actions are in violation of … freedom of speech and should not be allowed…” However, Prince and his people believe that “The current issue is one between Prince’s record label and three unofficial Web sites and relates to the use of Prince trademarks and photographs, many of which are Prince’s copyright…”

I think in this instance, I have to agree with Prince. These fan sites apparently are not sanctioned by Prince and their usage of his image, trademarks and the like clearly violate Prince’s privacy and copyrights. While The law clearly provides for displaying of images of a celebrity’s likeness for newsworthy events or matters which are considered to be public interest, I’m not sure the information contained on those web pages falls into one of the protected categories.

But I do have to agree with much commentary that Prince’s plan could seriously backfire, especially if the reports are accurate that these three fan sights constitute the largest of Prince’s fan base. I can appreciate the legality of Prince’s position, but I have serious reservations about the practicality of it. Who is an entertainer without his fan base?

This blog is based on an exclusive interview with Albert Snyder, who won an $11-million judgment against members of a church who picketed as his Marine son was being laid to rest. (Source)

Wow! If this article doesn’t start hitting chords on both sides of the issue… Just as burning the flag disturbs many Americans deeply and profoundly, I feel that demonstrations at funerals is easily in that same category. Just as one person’s terrorist might be another person’s hero, this event springs with the same attitude. What many people feel is disgraceful and tasteless is the stage for another to get attention to an idea or theory.

Personally, I think that is what this event is about: a highly volatile subject that is using a contained audience that will get emotional and seek assistance in silencing the protesters. I am sure that the protesters are aware that much of the public will use get their information from the media.  Thus, getting the media involved gives a louder audience to there cause. I think that even though this is an individual’s constitutionally given right, there is still an ethical, personal line that someone must have within themselves. Once again, I feel that the monies gained in this suit should be put towards a greater purpose than one’s banks account in order to give a deeper meaning to the life lost. The funds should be used to improve humanity.

By Michelle Hahn

I found this article this weekend. Since the topic was brought up in class on Thursday, I thought that it would be appropriate to send it to you.

According to a recent 9 News story (read it here) the studios would rather shut down than payout to the guild. Being how this happened in 1988 and cost the studio 500 million, you would think that the studios would rather pay up then risk losing more in the long run than in the short with negotiations. But if the State of Colorado could benefit from the revenue that the strike brings, I say bring in the revenue, Go on Strike! This could potentially be a big move for the company’s here in Colorado. If this could bring more movies to colorado and allow for bigger budgets outside of Hollywood, then I’m all for the Guild going on strike. The thing that worries me though is, where does the money come from if the Guild does strike? Does this mean that the revenue that flows into Colorado, is also detrimental?

By Bernie DeBoer

This case is something that should never have happened and should be thrown out of court the second it gets to a judge. After reading this news account, I hope you agree with me that the teacher should not be arrested and the school board held accountable for their actions.

The book in question, “Child of God”, was on the list that the English teachers in Tuscola had approved for a pre-advanced placement class. The novel, published in 1974, is about a town’s outsider who is falsely accused of rape and then begins killing people. The character lives in a cave with the victims’ decomposing bodies. According to the back cover, it “plumbs the depths of human degradation.” The book sounds pretty disgusting. I would prefer to not let my own kids read that book. However, if the book was approved by the school district, I should not raise any issue with a teacher assigning this book to be read. If there any objections by anyone against this book, the parents should be calling the school board and not going to the district attorney.

Well, it looks like it’s actually going to happen. The Writer’s Guild of America (WGA) is planning on striking according to an Associated Press Story. (Source) According to the article,

Television and movie screen writers said Thursday they would go on strike for the first time in nearly 20 years in a dispute over royalties.

Four writers told The Associated Press that Writers Guild of America president Patric Verrone made the announcement in a closed-door session.

The strike arises out of a dispute over royalties to writers for DVD sales, as well as sales over the Internet and other digital media.

I can appreciate the writers’ issues with the new media. A lot has changed since the last strike in 1988. I don’t believe anyone anticipated the change in media distribution and the avenues that would be available to people for their products to be sold. The market, while it has always been world wide, has become easier to access globally. Movie and television producers have the ability to spend a lot less money and get their products to a global market; an event that was not as easily accomplished back in the 80’s.

Studios have stockpiled dozens of movie scripts, and TV shows have enough scripts or completed shows in hand to last until early next year.

Well, unfortunately, while I understand and support the need to be included in the new digital, world wide, distribution, we, the consumer are going to be stuck watching reruns. I hope that stockpile of previously written scripts doesn’t go stale.