U.S. Copyright Czar Cozied Up to Content Industry, E-Mails Show

By David Kravets
Wired | Article Link

Victoria Espinel, Copyright Czar

Top-ranking Obama administration officials, including the U.S. copyright czar, played an active role in secret negotiations between Hollywood, the recording industry and ISPs to disrupt internet access for users suspected of violating copyright law, according to internal White House e-mails.

The e-mails, obtained via the Freedom of Information Act, (.pdf) show the administration’s cozy relationship with Hollywood and the music industry’s lobbying arms and its early support for the copyright-violation crackdown system publicly announced in July.

Why an Allegation That Beyoncé Plagiarized Dance Moves Is Truly Unique (Analysis)

By Eriq Gardner
THR, Esq. | Article Link

A Belgian choreographer is really bucking the trend by accusing the pop star of infringing a copyright to her choreography. How claims over choreography compare to ones made over music, film, and yes, maps.

Pop star Beyoncé is currently defending herself against charges of plagiarizing the work of the Belgian choreographer Anne Teresa De Keersmaeker in the music video, "Countdown."

Since the choreographer went public with charges that Beyoncé plundered movements from two films, Rosas danst Rosas and Achterland, the film's lawyers have contacted Sony about alleged similarities, and there's been tremendous chatter in the press and on blogs about whether the singer is really in legal jeopardy.

Can MTV Sue New Jersey For Nixing 'Jersey Shore' Tax Credit? (Analysis)

By Eriq Gardner
THR, Esq. | Article Link

Why Governor Christie would like nothing better than if MTV sued over $420,00 worth of production incentives.

New Jersey governor Chris Christie made headlines Monday by blocking a $420,000 film tax credit that was approved by the state Economic Development Authority to benefit MTV's Jersey Shore. The move went against the advice of the New Jersey State-Ledger, the local newspaper, which advised the politician in an editorial last week to "think twice" about nixing the credit lest the state open itself to an "army of MTV lawyers" that might sue.

Is there really a potential case here?

The local New Jersey newspaper worried that reneging on the promised tax incentive would open the state to to liability for making a decision that was less than "content-neutral."

Fox, NBC Agree to End 'American Idol,' 'Deal or No Deal' Lotteries

By Eriq Gardner
THR, Esq. | Article Link

Media companies strike an agreement to resolve class action litigation over text message games run for 'American Idol' and 'Deal or No Deal.' Settlement includes five-year injunction and millions of dollars in pay-outs to contestants and the class action lawyers.

Don't count on seeing any cheesy viewer text message contests on TV anytime soon.

NBC, Fox, and many of the production companies behind some of the most successful reality TV competition shows have agreed to an extraordinary five-year injunction that will prohibit them from operating any contest or sweepstakes where viewers make a submission via text message for the possibility of winning a prize.

How "What What (In the Butt)" Unintentionally Bolstered "Fair Use"

By Nate Anderson
ArsTechnica | Article Link

Wisconsin, state of my birth, I salute you for turning out federal judges like J.P. Stadtmueller. Stadtmueller is the man who waded into the swampland of fair use, South Park, and "What What (In the Butt)" to deliver a July 6 order that may break new judicial territory by citing South Park episode "Osama bin Laden Has Farty Pants" in its footnotes. And Stadtmueller has the proper feel for the absurd needed in any judge about to rule on a case involving the phrase, "You want to do it in my butt, in my butt?" His order opens:

Is Netflix Reducing Illicit File Sharing? Depends on Which Stats You Believe

By Ryan Singel
Wired | Article Link

Arbor Networks's traffic analysis of IPv4 applications based on payload analysis in a small number of North American consumer providers from August 2010 to February 2011. Courtesy Arbor Networks.

Netflix, the DVD-by-mail company that turned into a streaming-movie giant, now has nearly as many subscribers as Comcast. In the evenings, Netflix accounts for more than 40 percent of U.S. bandwidth usage, by some measurements.

Those astounding numbers are leading some to wonder whether Netflix is reducing the amount of peer-to-peer file sharing, once the easiest way to find movies to watch.

Obama, FCC Ask for Indecency Ruling

By Ted Johnson
Variety | Article Link

Supreme court decision could set up programming showdown.

The Obama administration and the FCC are asking the Supreme Court to rule on whether its policy of fining broadcasters for indecent material is constitutional, setting up a potential showdown with implications on the government's ability to regulate program content. The Justice Department, acting on behalf of the FCC, filed a write of certiorari with the high court on Thursday, after a federal appeals court earlier this year threw out a $1.2 million fine on ABC stations over a 2003 episode of "NYPD Blue" that showed a brief clip of a woman's naked behind.

Disney, Jim Henson Sued Over 'Muppet Workshop' Royalties

By Eriq Gardner
THR, Esq. | Article Link

Ever wonder how muppets procreate? Um, they don't. Children build muppets at FAO Schwarz stores and Disney theme parks and eventually, these muppets go on to tweet themselves silly and star in viral Internet sensations like this Kanye West parody. But back up for a moment. Muppets are born where and how?

The former executive producer of Married ... With Children details muppet genesis in a new lawsuit against the Walt Disney Co., the Jim Henson Co. and The Muppets Studio. The plaintiff claims it was his idea to create a Muppet Workshop, allowing people to design their own Muppets. Disney ran with that idea, he says, and he was stiffed out of his royalty percentage.

Oprah Escapes $100 Million Lawsuit Over Question About Fattest U.S. President

By Eriq Gardner
THR Esq. | Article Link

A judge finds Winfrey's question about 'Which one of our presidents weighed the most?' did not violate copyright of book author.

A federal judge in Pennsylvania has tossed out a book author's $100 million lawsuit against Oprah Winfrey for violating the copyright in the political booklet, How America Elects Her Presidents.

Charles Harris claimed in a lawsuit that in 2008, as Winfrey began supporting Barack Obama's presidential campaign, Harris sent 10 copies of his booklet to the The Oprah Winfrey Show in hopes of gaining publicity. He followed up with several inquiries. Harris got no response, but according to the complaint, on the February 16, 2009 show, Winfrey allegedly read aloud exact questions that were included in the book. Harris wanted in excess of $100 million for alleged copyright infringement.

Ford Sues Nissan's Brazil Management Over TV Ad

By Guillermo Parra-Bernal 

Reuters | Article Link 

SAO PAULO – The Brazilian unit of Ford Motor Co. filed a criminal lawsuit against the local management of rival Nissan Motor Co. for airing a TV commercial that says the U.S. automaker charges customers too much for hatchback models. 

The commercial, which was withdrawn from national TV on March 3 after Ford obtained an injunction, shows two rappers dressed as Ford engineers in factory outfits boasting about the money they pocket by overpricing the hatchback Focus model. A silver Focus lies in the background, while bikini-clad models dance and sip champagne.

If You Want to Know Why Your Favorite TV Show Isn't on DVD, Blame It on the Music

By Aaron Moss
Law Law Land | Article Link

One of the joys of living in the DVD/Blu-ray age is that TV fans can easily relive their most joyous television experiences, with series that range from the iconic to the obscure. Megahits like The Simpsons and Seinfeld are obviously readily available, as are cult favorites like Freaks and Geeks and Arrested Development. Even less iconic one-season-wonders are available for home viewing consumption, like Greg the Bunny, Studio 60 on the Sunset Strip, and my personal favorite, Square Pegs, complete with New Wave soundtrack and a pre-Sex and the City Sarah Jessica Parker as nerdy high schooler Patty Greene.

But given the hundreds of shows to choose from, do you ever wonder why some of the most popular series, like The Wonder Years are AWOL on home video?

Report: Piracy a "Global Pricing Problem" with Only One Solution

By Nate Anderson
Ars Technica | Article Link

A major new report from a consortium of academic researchers concludes that media piracy can't be stopped through “three strikes” Internet disconnections, Web censorship, more police powers, higher statutory damages, or tougher criminal penalties. That's because the piracy of movies, music, video games, and software is “better described as a global pricing problem.” And the only way to solve it is by changing the price.

Over the last three years, 35 researchers contributed to the Media Piracy Project, released last week by the Social Science Research Council. Their mission was to examine media piracy in emerging economies, which account for most of the world's population, and to find out just how and why piracy operates in places like Russia, Mexico, and India.

TV Producer Claims Tax Credit Denial Was A Violation of U.S. Constitution

By Eric Gardner
THR, Esq. | Article Link

Allow us to introduce Sandy Frank, a producer of unscripted television shows. After being denied a few hundred thousand dollars by Michigan's tax and film offices, Frank has delivered a sublimely angry 42-page lawsuit that basically rips Michigan officials for being hypocrites with poor taste.

Michigan has offered one of the most generous packages in the nation for film and television producers, providing up to 42% in tax credits on qualified production expenditures in the state. The package has been quite a carrot for indie producers, but there's a catch -- game shows don't qualify.

Sofa Entertainment Inc. v. Dodger Productions

By Jennifer Tytel

Fordham Intellectual Property, Media & Entertainment Law Journal

IPLJ Permalink

In 2005 the Broadway musical Jersey Boys opened to massive critical acclaim and was later honored at the 2006 Tony Award’s as the year’s best musical. The play told the rags to riches tale of Frankie Valli and The Four Seasons through music, dancing and use of historical footage. Five years after the first curtain opened, the U.S. District Court for the Central District of California held that the unauthorized use of a clip from a television series during a Broadway show is considered a “fair use” of copyrighted work and an affirmative defense to copyright infringement.

Jersey Shore Starring Cast Members Encountered a “Situation” with the USPTO

By Amit Parikh
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink

Jersey Shore cast members attempted to trademark their nicknames with the United States Patent and Trademark Office (“USPTO”).  To their dismay, many Jersey Shore members could not successfully obtain trademarks on their nicknames.  For instance, the USPTO did not grant Mike Sorrentino a trademark for his nickname, “The Situation,” because Julio Aref already owned a trademark for his chain of stores in Memphis, Tennessee called “Situation.” Mr. Aref said he is willing to make a deal with Mr. Sorrentino regarding the trademark because Mr. Sorrentino wishes to sell “The Situation” T-Shirt and underwear lines.  On the bright side, Mr. Sorrentino has so far prevailed against the USPTO for the trademark “Situation Nation.”

Fox Sues to Stop Film & TV Script Leaks

By Eriq Gardner

THR, Esq. | Article Link

Twentieth Century Fox is taking aggressive steps to keep its movie and TV scripts off of the Internet.

The studio has filed a lawsuit alleging roughly $15 million in damages against a New York woman, Patricia McIlvaine, who is said to have put up roughly 100 scripts online without authorization.

On her personal website, McIlvaine describes herself as a "struggling screenwriter who sells flowers over the phone by day and writes scripts by night." She says she collected scripts that were already posted on the web and made a free online library of scripts in order to assist other screenwriters. She's already soliciting donations for a legal defense fund.

Why is the studio targeting her? Spoiler alert!

According to the complaint, McIlvaine's actions allegedly cause particular damage to films and TV shows that are still in development. The postings "interfere and trade off of the costly and carefully designed creative processes that produce finished works ready for public consumption. They harm the fans who do not want their enjoyment of a movie or television show to be spoiled by knowing the story ahead of actually being able to watch it."

Fox's lawsuit mentions various scripts including Aliens, Edward Scissorhands, Wall Street, and Glee. It also mentions the leak of the script for the X-Men sequel Deadpool, which isn't scheduled to be released until 2012.