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World IP Day “Movie – A Global Passion” / Fair compensation for authors of movies

Next 26 April – as every year – the World Intellectual Property Organization (WIPO) celebrates the World IP Day. 26 April is the day on which the WIPO Convention came into force in 1970 and it has become an opportunity for...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - January 27, 2014

Moore v. Lightstorm Entertainment, USDC, D. Maryland, January 17, 2014 - District court grants summary judgment dismissing screenwriter’s copyright infringement claims against producers of motion picture Avatar,...more

The EU Cinema Communications 2013 – A Closer Look

Last month, we reported on the publication of the European Commission’s new Cinema Communication 2013 Communication from the Commission on State Aid for Films and Other Audio Visual Works) ( the “Communication”). We now...more

Shia LaBeouf and the Case for Copyright Infringement

Last week the story du jour in the zany world of entertainment law blogging was actor Shia LaBeouf’s foray into film-making with his short film HowardCantour.com. It is now internet gospel that Mr. LaBeouf’s film blatantly...more

“Ghostman” Claim Dismissed For Failure to Allege Copying and Substantial Similarity

In Kenney v. Warner Bros. Entertainment Inc., No. 13-11068, 2013 WL 6212593 (D. Mass. Nov. 29, 2013), Judge Richard G. Stearns dismissed an action for copyright infringement brought by Michael P. Kenney against the film...more

The UK Expands Its Film Tax Credit Program; Targets More Production and Visual-Effects Work

Changes to the UK Film Tax Credit - In Britain’s annual Autumn Statement, a report on economic growth and government finances released by Britain’s Chancellor of the Exchequer (the British equivalent of America’s...more

The intersection of perk-based and securities-based crowdfunding, and defining the "issuer" under Proposed Reg CF -- financing for...

In the world of perk-based crowdfunding, film and entertainment projects have been some of the most successful projects. But perk-based financing has its limits even in this glamorously attractive industry. Today my fellow...more

Three Point Shot

Sports and Hollywood have long been inextricably linked – many athletes want to be and even become actors, countless actors have lived out their athletic fantasies on the silver screen, and it is no secret that athletes and...more

European Commission revises rules for state-aid support for films

Published last week, the European Commission’s new Cinema Communication 2013 (the “Communication“) broadens the scope of activities in connection with the creation of films and other audio-visual works which may attract...more

Captain Phillips' Crew Lawsuit Has No Merit [Video]

Noted Admiralty Attorney and Author, Dr. Capt. John A.C. Cartner was interviewed by Maritime TV in response to recent press accounts of a lawsuit claim filed by several former crew members of the Maersk Alabama related to...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- October 10, 2013

United States v. Liu, USCA, Ninth Circuit, October 1, 2013 - Ninth Circuit panel vacates defendant’s convictions for criminal copyright infringement and trafficking in counterfeit labels, holding that district court...more

Rolling with the Punches: A Blow-by-Blow Account of the Supreme Court’s Copyright Laches Case

At some point, a legal claim is just so old and stale that it’s unfair to allow the plaintiff to bring it. The statute of limitations and the doctrine of laches are two different solutions to this same problem. The former...more

“Raging Bull” Copyright Case To Be Heard By Supreme Court

In 1980, Robert De Niro starred in an Oscar-winning boxing movie, “Raging Bull.” A suit has been brought by Paula Petrella, whose father, Frank P. Petrella, wrote the book and screenplay for the movie. Frank Petrella and his...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- September 27, 2013

Capitol Records, LLC v. Vimeo, LLC, USDC, S.D.N.Y., September 18, 2013 - District court grants in part and denies in part video-sharing website’s summary judgment motion for safe harbor protection under the DMCA for...more

Wiping The Slate Clean: When Fake Movie Products Have Real-World Counterparts

Often when practicing entertainment law, particularly in Canada, attempts to analyze a particular situation run up against a road-block: there seems to be no caselaw covering the issue, and you’re stymied as to how to advise...more

If You Want to Go Fast, You Don’t Have Time for Trademark Law.

If you’re not first, you’re last. Rick’s Cabaret was the first to open a restaurant with the name Ricky Bobby – but will Sony Pictures have the last laugh?...more

HR Life and Law in Hollywood

What all of us do — solve legal problems arising in the workplace— occasionally appears on film. Sometimes accurate; sometimes flawed; and sometimes funny. To collect those Hollywood moments, we sent our college interns...more

William Faulkner v. Woody Allen: Copyright Fight [Video]

Aug. 19 (Bloomberg Law) -- The estate of William Faulkner sued Sony Pictures Classics over the use of the most quoted line in all of Faulkner, in Woody Allen's film "Midnight in Paris." Anandashankar Mazumdar, a legal...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- August 9, 2013

Brown v. Electronic Arts, Inc., USCA, Ninth Circuit, July 31, 2013 - Ninth Circuit affirms dismissal of NFL great Jim Brown’s Lanham Act claim against video game developer Electronic Arts, Inc., concluding that Rogers...more

The Films Of Satyajit Ray And The GSK China Investigation: Both Game-Changers

If you are in London this week, I might suggest that you drop by the British Film Institute (BFI), which is celebrating the work of the Indian film maker, Satyajit Ray....more

Three Point Shot - Summer 2013

With very special thanks to our summer associates Elizabeth Horan (Case Western), Erica Esposito (Harvard), Joshua Espinosa (NYU), Bryce Johnston (Georgetown), Ryan Harris (NYU), and Alex Rosen (Harvard), the Proskauer Sports...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- August 1, 2013

Fox Broadcasting Co. v. Dish Network, USCA, Ninth Circuit, July 24, 2013 - Ninth Circuit affirms denial of preliminary injunction based on district court’s finding that Fox was unlikely to succeed on copyright...more

Proposed Revision to China’s Copyright Law Not a Hit with Film Producers

The General Administration of Press and Publication released the Notice Regarding Request for Comments on Second Draft Revisions to the Copyright Law of the People’s Republic of China (??«????????? ??»(???????)?????????, the...more

9 Things You Don't Know About The Paper Chase [Video]

July 29 (Bloomberg) -- The dean of all law school movies, the 1973 film, The Paper Chase, turns forty this year. The story of the first-year Harvard law student and his relationship with an imperious contracts professor...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- July 25, 2013

American Broadcasting Cos., Inc. v. Aereo, Inc., USCA, Second Circuit, July 16, 2013 - Second Circuit denies petitions for en banc rehearing of ruling that Aereo’s streaming service does not infringe plaintiffs’...more

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