Posts In "Contracts"

Contracts




Bill Maher Prevails Over Donald Trump Lawsuit By Sitting and Waiting for the Donald to Figure Out to Drop It Himself

In February, I wrote about a particularly fake-haired boneheaded lawsuit that Donald Trump brought against comedian Bill Maher.  As you may recall, Trump accused Maher of breach of contract based on a joke that Maher had made on The Tonight Show with Jay Leno, in which he had jokingly — really, completely obviously, jokingly — offered $5 million to the charity of Trump’s choice (the Hair Club for Men was Maher’s suggestion) if the real-estate mogul-turned-reality-TV-star-turned-national-punchline could provide proof that he was not, in fact, “the spawn of his mother having sex with an orangutan.”  Ignoring the scientific impossibility of humans and orangutans being capable of producing offspring, and surely torturing his poor lawyer (whom he conscripted to respond to Maher), Trump purported to “accept” this offer by sending Maher a letter enclosing a copy of his birth certificate (short form only, though!) and demanding payment of the $5 million.  When Maher did not respond to the letter, Trump went bananas and filed a lawsuit.

After recounting Bill Maher’s hilarious response to the lawsuit, I boldly joined the near-consensus of legal observers in predicting that Trump would lose the lawsuit.  And I’m here to report, I was wrong — Trump never even had a chance to lose the case, because he dismissed the lawsuit himself, perhaps as a result of his lawyers reaching the same conclusion I did.  (Or perhaps, Trump’s simian brain finally realized that the situation had evolved beyond his control.)

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The Scariest Day of the Year…for Legal Claims Too

We here at Law Law Land are big fans of Halloween, the drunkest, sluttiest, most creative and fun-loving holiday of the year.  Law Law Land HQ itself is awash in cat ears and warlock coats today, and your editor is looking forward to a heaven-vs.-hell, angel-vs.-devil ping pong grudge match of epic proportions tonight.  But if you’re looking for a real fright on Halloween night, just consider some of the following truly scary cases and claims.

If the Past Is Never Dead, Does That Mean the Past Is Undead?

William Faulkner famously wrote, “The past is never dead.  It’s not even past.”  Woody Allen-mouthpiece Owen Wilson less-famously said, in 2011’s Midnight in Paris, “The past is not dead!  Actually, it’s not even past.  You know who said that?  Faulkner.  And he was right.  And I met him, too.  I ran into him at a dinner party.”  And Faulkner’s estate is now infamously saying that, if you use Faulkner’s line (ish) in a movie, with attribution, you have broken the law.

Faulkner’s estate is suing Sony Pictures Classics for copyright infringement and trademark infringement, claiming that Midnight in Paris’s misquote of Faulkner’s famous aphorism from 1950’sRequiem for a Nun not only infringes their copyright, but also violates the federal trademark statute by deceiving viewers into believing that the movie was affiliated, endorsed, or authorized by the Faulkner estate.  So are Sony’s lawyers running scared into the night?  Not likely.  But the distant howls you might be hearing are actually the pained wails of frustrated intellectual property law professors everywhere.

(Special kudos to the usually-dry-as-a-skeleton Courthouse News Service for observing, “at risk of offending the shade, or estate, of Charles Dickens:  This is a far, far weirder thing than Sony has ever done.”)

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Q&A: Does Being “Pay or Play” Mean I Get to Direct My Movie?

Q:  I’m a writer/director.  I wrote a script that’s getting some traction.  I obviously want to sell it but on one condition:  I have to direct the movie.  I don’t think anyone else can do it justice…  A producer just presented me with an option agreement.  In our conversations, he agreed that I could be the director.  In the option agreement, it says that in the event the project receives financing and if a few other conditions are met, I’ll be engaged to direct the film on a “pay or play” basis.  I know that “pay or play” is a good thing so does this mean the producer is essentially agreeing that I’m the director?

A:  When I first started practicing entertainment law, I believed the term “Pay or Play” referred to the next hot NBC primetime game show, which I assumed would be hosted by Gallagher.  Fortunately for all of us, it’s not.  However, I’ve found that while it is a very commonly used contract term, and everyone wants it in their agreements, there is (as evidenced by your question) some confusion about the full extent of its implications.

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This Week’s Other Sports/Game Rules and Officiating Scandal 2012/09

Sure, most of America might be abuzz about how poor NFL refereeing definitelymay or may not have swung the outcome of this week’s showdown between the Green Bay Packers and the Seattle Seahawks on Monday Night Football.  But this week, the NFL doesn’t have a monopoly on sports-and-games fairness scandals (even if its scandals might have the most effect on Vegas betting linesand home fantasy football leagues everywhere).  That’s because of a new case that will surely rock the (narrow, quirky, cloistered) world of game show and trivia nerds everywhere.

So here’s a trivia question for you:  what happens when producers of a game show tell two contestants there will be no trick questions on the show, and then throw something that might be considered a “trick question,” causing those contestants to blow $580,000 in potential winnings?  Do the contestants:

(A)  Quietly retreat to their homes and try never to look at the chain of excoriating comments on the YouTube video of their defeat.

(B)  Launch an inspiring grassroots campaign on the Internet to get a second run on the show.

(C)  Reevaluate their personal choices and embrace new lives of monastic asceticism, untempted by the siren’s call of game show winnings.

(D)  Sue.

If you guessed D, congratulations!  You win…the rest of this article.  So can two contestants who lost it all on TV win it back in the courtroom?

Before we answer that question, you must understand:  I’m a particularly qualified expert to opine on this subject.  Sure, the law degree is nice, but lots of people have those.  I, on the other hand, have particular insight on the question of what happens when you, oh, I don’t know, lose a half-million dollars in winnings (give or take) in the span of about 4 minutes in front of a national network primetime audience.  So I think these plaintiffs can take it from me when I say, Run from this lawsuit.  Run like the wind.

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Q&A: How Do I Protect Myself From a Producer Flipping My Script?

 Q: A producer has offered to option my script.  I’m just starting out so the numbers are pretty low (it’s a 12 month option for $1,000 with a purchase price of the WGA scale).  I’m cool with that but have one problem with it:  what happens if she turns around and sells the option to a studio for a lot of money?  I think that’s what she plans to do.

A:  Pat yourself on the back, my friend.  You just spotted an issue that is often overlooked in standard option agreements.  To answer this, let’s talk a little background.

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A Stern Warning: Words Do Matter

I think it’s pretty clear that the legal world does not always jibe with the real world (and especially not The Real World: Cancun).  Take capitalization for instance.  In the real world, it doesn’t mean much.  In fact, based on what I’ve seen on Twitter and in hip wedding invitations, I believe the “art” of capitalization has been completely lost by our society (and, of course, neither of our presidential candidates is brave enough to tackle the topic).  In the bizarro world of the law, however, capitalization is a detail that can prove to be of paramount importance.

This was a lesson recently learned the hard way by King of All Media Howard Stern – if you consider losing a $300 million bonus the “hard way.”

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