Author: Jackson Abbeduto

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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Blue film firm keeping up its barrage of suits

  Malibu Media, LLC., an adult film company, filed 201 copyright infringement lawsuits in February. It also launched 747 cases in 2016, and 1,956 suits in 2015, according to Bloomberg Law data. If that sounds like a lot, here is a mind-rattling statistic: In 2014, the company accounted for up to 40 per cent of all copyright infringement claims in the country. The company was founded by a husband and wife team in 2009. They have said they aim to upend the industry with a higher quality of erotic films. Malibu launched the site x-art.com and created porn that...

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‘Marshall Tucker’ rockers lose battle for mark

The southern rockers in The Marshall Tucker Band may be singing the blues. That’s because the musicians in the legendary, long-running, and oft-reconstituted band had their trademark lawsuit against their publishing company dismissed recently. The band had filed various trademark claims against MT Industries (MTI) over “The Marshall Tucker Band” mark. But on March 1, a U.S. District Court in South Carolina granted a motion to dismiss the band’s claims of infringement and dilution against the company. Band members had also initiated a claim of copyright cancellation, as well as other state law claims. MTI argued that the entire action should be dismissed, and filed a motion to dismiss, arguing the court’s lacked subject matter jurisdiction. How did this long hard ride end? MTI sought first to dispel the infringement and dilution claims, arguing that these were band members’ bases for the court’s jurisdiction; if those claimed failed, the court then would lack jurisdiction over the rest of the action. Trademark infringement To prevail on a claim for infringement, band members had to satisfy a five-pronged test outlined in the Lanham Act: They had to show they possessed the mark, that the defendants used it and that use occurred in commerce or in connection with the sale, offering for sale, distribution, or advertising of goods or services. They also had to demonstrate that defendants’ use of the mark would be likely...

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Sir Paul’s rights claims: music industry temblor

In artists’ battles to terminate, recover copyrights, $750-million Beatles catalog’s a legal behemoth It’s a provision of copyright law that has proved advantageous for many—but not for Duran Duran. Now Paul McCartney, a titan of the music industry, has sent tremors through the business by asserting he soon will try it with his iconic tunes, which are worth tens of millions of dollars. The music industry has braced for some time over what will happen with musicians’ termination notices and the subsequent recaptures of their compositions as permitted under the law. Some songwriters – who say they too were...

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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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