News & Analysis as of

Motion Picture Industry

The Ninth Circuit Weighs in on ERISA’s Plan Document and Summary Plan Description Requirements: Mull v. Motion Picture Ind. Health...

Mull v. Motion Picture Ind. Health Plan educates employers on the basics of the requirements of the Employee Retirement Income Security Act (ERISA) governing plan documents and summary plan descriptions. The lessons are...more

Comic-Con Invades San Diego

by Ladas & Parry LLP on

Thursday, July 20th will mark the start of the 47th annual San Diego Comic-Con International, more commonly known as San Diego Comic-Con or “SDCC”. The convention is a four-day event held every July at the San Diego...more

Filmmaker Arrested for Flying Drone over the NFL Draft

A 27-year old resident of Philadelphia, Pennsylvania, Jonathan Kolleh, was arrested and spent 14 hours in a holding cell last week for flying his drone in the vicinity of the National Football League (NFL) Draft. Kolleh began...more

Studios Fire Back: Fictional Publication Depicted in a Movie is Privileged Expressive Use

Following up a previous post about the February 2017 lawsuit filed by the Sporting Times against Orion Pictures for depicting a fictional magazine of the same title in a movie about the life of Bill “Spaceman” Lee, MGM has...more

Actors’ Ages to Remain Available Online (At Least for Now)

A federal court has granted IMDb’s request for a preliminary injunction to allow the entertainment website to keep actors’ ages in their online profiles – despite the enactment of a statute in California prohibiting same....more

IMDb Challenges Recent California Law Shielding Actors’ Ages

IMDb.com Inc., the creator of the popular online database of movies and industry professionals, has filed suit in federal court challenging the recently enacted California Assembly Bill 1687 that requires the deletion of an...more

CA Governor Signs Bill Allowing Actors to Delete Their Age from Online Profiles

On September 24, 2016, California Gov. Jerry Brown signed A.B. 1687 – a measure aimed at preventing age discrimination against film, television, and other professionals in the entertainment industry whose ages could be viewed...more

These are Not the Trade Secrets You’re Looking For: Star Wars Model Maker Sues Ex-Employees for Misappropriation

In a tale of alleged betrayal and misappropriation of trade secrets in a courtroom (not) far, far away, a pioneering company in the area of special effects has sued its former employees and a vendor, claiming that they...more

Client Alert: Microwave Ovens in “American Hustle” Constitute a Matter of Public Interest

In Brodeur v. Atlas Entm’t, (No. B263379, filed 6/6/16), the California Court of Appeal for the Second Appellate District held statements regarding the safety of microwave ovens in the hit film “American Hustle” constituted a...more

Drone experts say human and machine should be treated the same when it comes to privacy and security

Last week I attended the International Conference on Unmanned Aircraft Systems (ICUAS) in Arlington, Virginia. An “Ethics and Engineering” panel set forth some interesting questions for those individuals and businesses...more

Ninth Circuit Leaves it to Policyholder to Pay Eddie Haskell’s Attorneys’ Fees

by Carlton Fields on

Moral hazard lurks around the edges of many disputes about liability coverage. Everyone agrees in principle that insurance shouldn’t help bad actors benefit from their wrongdoing, but parties often clash over where the...more

The Gloves Are Off: Competing Biopics Battle For Hollywood Purse

Hollywood’s heavy-hitters often enter the ring over unauthorized biographies. Elizabeth Taylor famously invoked her rights of publicity and privacy in an attempt to shut down an unofficial docudrama about her life; Clint...more

Ninth Circuit Finds First Amendment Protects Against Right Of Publicity Claim Involving Film “The Hurt Locker”

The Ninth Circuit has confirmed that right of publicity claims purporting to arise from expressive works, like films, are content-based restrictions on speech that are presumptively unconstitutional, and generally should not...more

GoDaddy victorious in dispute over OSCARS and ACADEMY AWARDS marks | World Trademark Review

by Knobbe Martens on

In Academy of Motion Picture Arts and Sciences v GoDaddy.com, the US District Court for the Central District of California has entered judgment in defendant GoDaddy’s favour, holding that plaintiff Academy of Motion Picture...more

#damonsplaining — Matt Damon can do it, but you can’t

by FordHarrison on

Actor Matt Damon sure has had an up and down past few weeks. First, Damon made some questionable comments on HBO’s Project Greenlight, a documentary developed by Damon himself (along with some famous friends including buddy...more

Holy Copyrightability Batman! The Batmobile Is Still A Superhero…

by Davis Wright Tremaine LLP on

In the spring of 2013, this author reported on the then-recent decision, DC Comics v. Towle, 989 F. Supp. 2d 948 (C.D. Cal. Feb. 7, 2013), where Judge Ronald Lew determined that the Batmobile is a comic book character...more

Controversy Surrounds Release of Trailer For “Concussion,” starring Will Smith, to Be Released in December, 2015

Sony Pictures has made a movie about the devastating long term effects of concussion in professional football players, and the NFL’s efforts to cover this up. Will Smith stars as Nigerian doctor Bennet Omalu, the pathologist...more

Spotlight on Louisiana: 2015 Legislative Session Increases Tax Burdens to Balance State Budget

by Baker Donelson on

Even though Louisiana's 2015 legislative session has concluded, the dust may be far from settled as to how increases in tax burdens meant to balance the State's budget will impact taxpayers. At least one industry trade...more

Creative Use Of The California Anti-SLAPP Statute To Idea Submission Claims: Stay Tuned

by Kelley Drye & Warren LLP on

The Purge is a motion picture in which a fictional U.S. government has established an annual twelve hour period called “the purge” in which all crime is legalized and no emergency services are available. And, for the last...more

The New FLSA Regulations: The DOL's Actual Proposed Language

by Franczek Radelet P.C. on

We have been covering the Department of Labor Wage & Hour Division’s (WHD) finally released proposal to amend the Fair Labor Standards Act (FLSA), which was published last week. The Notice of Proposed Rulemaking (NPRM) is...more

Patent Infringement in the Digital Age: How a Dispute About Tooth Aligners Led to a Fight About the ITC’s Jurisdiction over...

The International Trade Commission (“ITC”) is an “independent nonpartisan agency that investigates and reports to the President and Congress on matters concerning import trade, tariffs and trade agreements.” Shewmaker v....more

I Didn’t Say That – The Ability of Actors to Control Their Performances Under Canadian Copyright Law

by Dentons on

When the United States Ninth Circuit Court of Appeals issued its 2014 opinion in Garcia v Google, its tentative conclusion that actors might enjoy copyright protection in their on-screen performances was met with vociferous...more

Carta de Error! Copyright Takedown Notice To iTunes May Give Rise to Misrepresentation Liability

Section 512(f) of the Digital Millennium Copyright Act makes parties who issue copyright takedown notices liable for any “knowing” misrepresentations in those notices. However, the Ninth Circuit in Rossi v. Motion Picture...more

Film Tax Incentives in Latin America

Distribution of audiovisual content is blooming at a very fast pace, and while the consumer is still demanding for more new content, producers are struggling with this new competitive era. While appetite for content is at its...more

The UK and China agree film co-production treaty to boost ‘Chinewood’

by Reed Smith on

On 23 April, the UK and China signed a landmark film co-production treaty (the “Treaty”) with the aim of encouraging closer cultural ties between the UK and China. The Treaty offers a unique opportunity for UK films to...more

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