Author: Sylvanna Le

New Calif. law captures some of the burning anger about ageism, sexism in Hollywood

Although the adage holds that “it’s never polite to ask a lady her age,” in Hollywood, the very point of view captured in that aphorism has itself become a new flashpoint. That’s because women, unions, politicians, industry executives, and those who run online sites are struggling with the unhappy reality that in Tinsel Town “leading men age but their love interests don’t.” For many actresses, age isn’t simply a number— it is leading reason why some will be passed up for a role. Just ask Maggie Gyllenhall, who recently was  told that “37 is ‘too old’ for a 55-year-old love interest.” Ageism, as industry critics have decried, is widespread and rampant for actresses, especially for those older than 34. As more headlines detail Hollywood’s woes with ageism and sexism,  in anecdotal tales from the industry’s leading ladies, in infamous corporate hacks, and in comedy sketches parodying the situation, the movie industry is showing how hard it is grappling for solutions to its long-accepted issues with biases. But is the right response to these incendiary issues to be found in California laws? There’s a new one that will require select websites, starting in Jaunuary, to pull down performer’s ages upon request. Gov. Jerry Brown supported and recently signed AB 1687. Since its enactment, the Internet has been abuzz over this bill. Why? Hollywood’s struggles with sexism, ageism Sexism, critics say, is...

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‘Oh, Really?’ Pokemon chased by legal reality

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. Who knows how many millennials and youngsters spent the long Labor Day holiday chasing Pikachu, Eevee, and Jigglypuff? Who knows how many will race out this weekend to pursue Squirtle, Bulbasaur, and Charmander? And where’s Tauros or Mr. Mime? “Gotta catch ‘em all, Pokémon!” rang out the ’90s theme song every Saturday morning on the cartoon show...

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An appellate reverse on records law for movies

  The movie industry long has fought any efforts to impose content-based restrictions, with the courts and the law recognizing and giving wide berth to Hollywood’s First Amendment privileges. But a surrogate sector of movie making–the billion-dollar adult entertainment industry–almost from its start has borne the brunt of efforts to impose government restrictions, also battling in the highest courts over whether blue laws are reasonable or outright censorship. These movies makers scored a win recently when the U.S. Third Circuit Court of Appeals threw out a lower court decision and ruled in their favor on a case involving performers and film-makers’ need to...

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Prenda firm’s ‘trolling’ draws appellate fire

Have the pernicious copyright-related practices of the Prenda law firm finally come to an end? Judges on the U.S. Ninth Circuit Court of Appeals have bench-slapped  the firm as sternly as can be, with a recent decision affirming U.S. District Judge Otis Wright’s sanctions against the Prenda lawyers. This tawdry tale includes some strange twists: Wright, a Southwestern Law alum and Star Trek fan, wrote a scathing decision  that was one of several decisions from judges nationwide, calling out the Prenda lawyers for their copyright trolling. Judges have termed firm actions to be “legal shakedowns,” and abusive of the judicial system. Just to remind: The now infamous Prenda lawyers created a commercial business targeting those who liked to download adult videos. The lawyers had, TechDirt says, “sketchy copyright trolling practices that appeared to include Team Prenda uploading their own content to torrent sites, [and] tracking who downloaded them.” Then the firm, on behalf of its dummy corporation that “owned” copyrights on the blue videos,  would sue rafts of down-loaders claiming infringement; rather than risk the embarrassment of public exposure of their naughty hobby, defendants agreed to relatively small settlements that soon added up to significant sums. The appellate court slaps back The appellate ruling, ARS Technica reports, “defends Wright’s sanction in its entirety and doesn’t give one iota of credit to the copyright troll’s claims that its due process rights...

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Are 6-second Vines ‘too minimal’ to infringe?

Vine, a social media website acquired by Twitter, is a popular technology among millennials. They like it because it lets them create looping six-second videos, which are easy to view and to share quickly and widely, often virally. Vine also is gaining traction with brands for marketing, and that is creating issues for intellectual property owners Vine has steered away from infringement claims, so far, because of Twitter’s prompt compliance with take-down notices under the Digital Millennium Copyright Act; those take-down requests also have been rarely contested by user-posters. But is the brevity of Vine’s core product also prophylactic–does it provide a de...

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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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