Month: April 2017

‘Ironman’ infringment claims stripped down

Court tosses lawsuit over suit but keeps alive tiff over movie poster When a super hero upgraded from spandex and metal to hard-core gear, that spawned a lawsuit over a suit. But almost two years after Horizon Comics Productions, Inc. (“Horizon”) sued Marvel Entertainment, LLC (“Marvel”) for copyright infringement, a federal judge has unzipped the claim that one of the planet’s leading character-based entertainment companies stole the body armor design for Iron Man from two comic book artists. U.S. District Court Judge J. Paul Oetken scrapped most of the suit by Horizon and onetime Marvel artists Ben and Ray Lai, finding iron-clad dissimilarities between Ironman’s...

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Appellate court rejects cable license for FilmOn

In its long-running bid to transform broadcasting, controversial firm fails to persuade judges to extend protections granted to cable companies. TV networks complained high-tech company’s through-air, content “capture,” and re-transmissions constitute infringement. FilmOn boasts that it provides its customers through its website with an impressive access to “600 free live TV Channels” as well as “45,000 complimentary movies.” While Internet streaming services like Hulu and Netflix often say they have been forced to raise their prices to cover expensive content-licensing fees how, then, can FilmOn offer online such a wide, no-cost offering of copyright protected entertainment? The answer—or so FilmOn thought, at least—rests in Section 111 of...

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Behind a fun festival season, legal lines in sand

For Coachella and other lucrative live music events, there’s no fiddling around in enforcing protections for brands, merchandise Summer’s quickly approaching, and that means the music festival season soon will be rocking and rolling in its full glory. But there’s more than meets the eye in staging successful—read that highly lucrative—events, besides getting throngs out in Mother Nature’s splendor for a splendid series of hot performances by top artists of the moment. For Entertainment Law counsel, protecting a festival’s name, brand, intellectual property, and associated merchandise can require a lot of non-musical movements, year-round overtures in copyright and trademark...

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Oh, Sheldon, go ahead, sing the darn cat song

Court swats away suit over Warm Kitty, as sung on Big Bang Theory Actor Jim Parsons has turned the misanthropic, mischievous, and often malevolent character of Sheldon Cooper, uber nerd and brilliant physicist, into not just an Emmy winner but also a million-dollar-an-episode recurring star part in a prime time network smash. Fans obsess about the adventure of Sheldon and his pointy-headed pals. But, hello, kitty, a federal judge in Manhattan has told Big Bang Theory aficionados they can rest easy about one of Sheldon’s signature musical quirks. U.S. District Judge Naomi Reice Buchwald has dismissed a cat-and-mouse game of copyright infringement against the show. It had been hit with a suit by the holders of the rights to the lyrics of Warm Kitty. That’s a tune the two sister-plaintiff’s asserted their nursery school teacher-mom wrote decades ago, then protected in 1937. Eccentric Sheldon, whose idiosyncratic behavior often alienates him from friends and foes alike on the TV show, often sings a version of Kitty to himself to self-soothe. His lyrics aren’t a carbon copy of the plaintiff’s song. But the sisters argued that the show failed to secure their permission to use the song and the lyrics were substantially similar enough to sue. What gave the judge paws about this cat scratch legal tiff? A teacher’s work gets into a compendium Ellen Newlin Chase and Margaret Chase Perry claimed in their suit that their mother, Edith Newlin,...

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‘Oh, really?’ Early awakening’s murderous?

Passengers posits that rousing a space crew member early from a suspended state is tantamount to murder. How on earth might that be true? In our ‘Oh, Really’  feature, the Biederman Blog’s editors and alumni— voracious consumers of trendy matters — cast a curious, skeptical, fun and smart end-of-the-week eye on popular culture and its entertaining products, sharing their keen observations about legal matters these raise. In the movie Passengers,  travelers on a swanky spaceship must trek for 120 years to reach and colonize Homestead II, a planet in a distant galaxy. To survive their journey, they’re all put into a suspended state, to be awakened just months before reaching their destination. But when the ship veers through an asteroid belt, Jim Preston (Chris Pratt) accidentally awakens only 30 years into the trip. He grows depressed and isolated, confronting his  certain death in the 90 years before he reaches his planned new home. Then, he notices Aurora Lane (Jennifer Lawrence) in her suspension pod. He falls for her. He struggles with his choice but wakes her, also nine decades too soon. When conscious, she is devastated that she will die before anyone else aboard besides Jim awakens, especially because she planned to stay only briefly on Homestead II before returning to Earth to write a book about her experiences. Jim leads her to believe her rousing to consciousness was an accident....

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Entertainment Law Blogs

The Biederman Blog is now ranked NUMBER ONE on Feedspot's Top 20 Entertainment Law blogs (May 2018). It is very exciting to top this list. We are extra proud of number six - Entertainment Law Offices of Gordon P. Firemark. Mr. Firemark graduated from Southwestern in 1992, and is a top entertainment blogger and webinar presenter in addition to being a world class entertainment attorney!

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