Author: Kyle A. Slowey

Lionsgate hit with a $5.8 million ‘Biggest Loser’

Arbitrator rules studio undercut profit potential of fitness guru Jillian Michaels’ recorded workouts with free YouTube postings Fitness guru Jillian Michaels has found a legal workout that may make skinnier the wallets of Lionsgate Films Group while also putting more muscle behind performers’ options to protect their works from popping up for free on YouTube. Entertainment law experts are watching closely Michaels’ recent favorable decision from an arbitrator, awarding her $5.8 million in her dispute with the studio over fitness videos tied to the hit TV weight-loss show Biggest Loser. What led her to get so exercised about how Lionsgate treated her...

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Congress takes aim at nation’s copyright chief

Lawmakers advance measure to strip Librarian of Congress of power to appoint copyrights Register, giving authority, instead, to the president, with congressional assistance Congress is sending a rebuke to the bureaucrats who run a system that’s critical to Entertainment Law: The House has passed and sent to the Senate a proposal to strip The Librarian of Congress of the power to appoint the Register of Copyrights, giving that authority, instead, to the president. HR 1695, the Register of Copyrights Selection and Accountability Act,  has passed the House Judiciary Committee in a 27-1 bipartisan vote, and it has advanced out of the House in...

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Champs’ publicity-rights claim slapped down

With federal copyright laws holding sway, online sales are acceptable of prized photos of basketball players, their games, appellate judges find Patrick Maloney, a hot-shooting guard who helped catapult his 2001 team to Catholic University’s first-ever Division III national championship, has become a school legend for his elite decision-making on a basketball court. But he, teammate Tim Judge, and other Cardinal players made bad calls in courts of law when they and their attorneys sought to contest a decision by their alma mater, the NCAA, and an online vendor, T3Media and its Paya.com website, to allow the public to...

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Web services catch a break on older music

Justices decline case contesting net providers’ ‘safe harbor’ protections for pre-’72 music recordings, infringement claims Where the justices of the U.S. Supreme Court decline to go can matter as much as where they do. The lesson has played out anew with the high court’s recent refusal to take up a much-watched Entertainment Law dispute involving pre-1972 sound recordings and online service providers. That has left the services, the music industry, and judges in courts across the country with some complex copyright issues hanging more than a little bit. For now, performers may have been dealt a setback,  while the providers look like...

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YouTube’s service terms just can’t be ignored

Federal judge tosses suit over music video that was pulled down, then re-posted, and had its view count reset Performers who leap on to YouTube may be visually savvy, marketing smart, and outstanding early adopters of cutting-edge social media platforms. But besides promoting themselves zealously in cyber space with online services, they also need to step up and master an old legal fundamental: It pays to read the fine print before consenting to any agreement in ink and paper or electrons, as a federal judge in San Francisco has reminded an unhappy plaintiff. To be sure, the overwhelming majority of YouTube users likely would fail a quiz on the service provider’s terms of service (TOS) agreement before assenting to it. But if the too blithely check off a box on an online page and move ahead with understanding their legal situation, they then also can’t gripe to courts and seek relief when YouTube removes, relocates, and resets the view count of their posted music videos. That was the beef in Darnaa, LLC v. Google Inc. Plaintiff Darnaa was a limited liability company, an independent music label promoting and producing the works of artist Darnaa. The LLC in March, 2014, uploaded to YouTube the artist’s music video Cowgirl as part of an advertising campaign to promote sales of the song recordings in online digital music stores. But, yippee-ki-yay, YouTube made that ditty mosey where Darnaa didn’t expect...

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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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