Posts In "Film and Television"

Film and Television




Losing all Faith in Love (and Reality Television)

I tried, Law Law Land readers, I really, really tried. I struggled, but alas, I was not strong enough to stop myself from writing about the Kardashian divorce.

The 72-day marriage (if it can even be called that) of Kim Kardashian and Kris Humphries (herein referred to as “KK,” or maybe “666” would be more appropriate), is chock full of legal issues. What about the pre-nuptial agreement? (“Ironclad,” I’m sure, but speculation is already swirling about whether Kim’s “shady behavior” has rendered it “worthless.”) What to do with the gifts? (Apparently Kim is donating$200,000 to charity in lieu of returning the gifts. I’m sure the people who bought her the $375 candy jar, or $6,500 vase, or $1,250 serving spoon, or $1,600 teapot, or $840 ashtray are thrilled about that decision and the tax write off she gets. And no, I did not make up those items or prices). Why isn’t gay marriage legal and this is? (Beats me, but it really makes you think about that whole “sanctity of marriage” argument.)

No, you aren’t having a stroke, it really is that big and shiny.

But the burning issue I want to write on? What happens to THE RING? (I think the 20.5-carat sparkler deserves all-caps treatment.) Continue reading the full story . . . »


Q&A: Should I Turn My Short Film Into a Video Game Before I Get the Movie Made?

Q: I wrote, directed and produced a sci-fi action short that I think would make a great big budget feature. In the meantime, I have a friend who works for a small video game developer who absolutely loves the concept of my short and thinks it would make for a great game. I think it would be very cool and am thinking about putting together some sort of deal with my friend, but I don’t want to do anything that could jeopardize my ability to someday make a studio film based on my short. Should I just pass or do you think there’s a way I could make this work?

A: For you and your friend’s sake, I hope your short doesn’t involve a chubby, mustachioed Italian plumber with a love of coins who’s intent on saving a princess from mushroom and turtle creatures… in space. If that’s the case, we may have a problem. If not, there’s a chance you can make this work, but you’re right to be concerned about the possibility that your granting of rights to this video game developer could later affect your ability to produce a big screen adaptation of your short film.

First a quick note to those readers who think this may not apply to them because it involves video games: the majority of these issues would arise with respect to a production of any type of derivative work based on something you own, whether it be a video game, a book, a stage play, etc. so don’t be afraid to keep reading! Continue reading the full story . . . »


Lessons Learned as a Lawsuit Over Cult-Classic Porno-Chic Flicks Is Prematurely Evacuated

Remember the “senior superlatives” from your high school yearbook? Maybe you were voted “most likely to succeed” or “most likely to be a rock star.” Me? My dear classmates graciously awarded my best friend and me the title of “Most Likely To Be in an X-Rated Movie.” (It was unclear whether we were supposed to star in it together or what.) At the time, I pretended it was a compliment, smiled and curtseyed, and then secretly vowed to spend the rest of my life proving them wrong. Well Bellingham High School Class of 2002, now I realize what you actually meant to say: Amber M. Burroff, “Most Likely To Write a Sassy and Salacious Legal Blog About an X-Rated Movie.”

So, here’s the scoop. In April 2009, Arrow Productions, Inc., owner and distributor of Deep Throat — a tastefully-titled carnal classic whose plot (the sexual adventures of a sexually frustrated woman who is in search of the saucy secret to the female orgasm) is surpassed in greatness only by its tagline (“How far does a girl have to go to untangle her tingle?”) — filed suit against VCX Ltd. and its owner, David Sutton, alleging a variety of claims for copyright and trademark infringement arising out of VCX’s unauthorized distribution of Deep Throat. According to Arrow’s complaint, VCX and Arrow are both in the business of “selling prerecorded sexually oriented motion pictures for personal home use, presently and, in recent years, in DVD format and previously in VHS videotape format.” (Translation: “we sell porn.”) And in addition to competing for sales of Deep Throat, Arrow and VCX have both long distributed one of the other seminal classics of the “Golden Age of Porn,” Debbie Does Dallas.

Last month, though, after two and a half years of down-and-dirty legal combat, Arrow and VCX suddenly settled the lawsuit, with the parties agreeing that Arrow would hold the exclusive rights to Deep Throat, while VCX would move forward as the exclusive distributor of Debbie Does Dallas. So now that this long-running battle over two titans of adult film history has come to a sudden and anti-climactic finish, what lessons can we learn? Continue reading the full story . . . »


Employment Law 101: Hollywood Edition

While I most often write on Law Law Land about copyrightsInternet issues, and various things Hollywood, the bread and butter of my practice is employment litigation: more specifically, representing employers who are sued for wrongful termination, discrimination, sexual harassment, and/or wage and hour claims. In California, employment laws tend to favor employees, and like any employer, Hollywood employers are vulnerable to employment lawsuits when they don’t cross their T’s and dot their I’s (and sometimes even when they do).

The Hollywood employment lawsuit du jour was brought against MTV by a former employee on the show The Hills. Do you remember that trip to Costa Rica the cast took for the 100th episode of the show? Yeah, me neither — as much as I love me some Justin Bobby/Audrina drama (almost as much as I love James Franco and Mila Kunis’ spoof of them during the writers’ strike), I just couldn’t stomach K-Cav as leading lady. [Ed. Note: Did any of the last sentence mean anything to you, dear readers? No, me neither.] But this Costa Rica trip will now live on in infamy, not only as the trip where Justin Bobby apparently wore a Confederate flag hat, but also as the trip that fueled this lawsuit.

According to the complaint, Eliza Sproul was a Field Clearance Coordinator/Production Coordinator on The Hills and accompanied Kristin and crew to Costa Rica. There, her employment “took a turn for the worse” when she was allegedly pressured with drugs, sexually harassed, and forced to work long hours until she “essentially broke down” from exhaustion. The complaint was just filed on October 18, so MTV has not yet filed any responsive papers. But I’m going to put on my employment litigator hat for a moment to analyze Ms. Sproul’s claims. Continue reading the full story . . . »


Monkey See, Monkey Sue

On behalf of Law Law Land, I would like to apologize to HBO, the New York courts, and basically, the world at large. A few months ago, my colleague Elisabeth Moriarty suggested that a creative Indonesian monkey should, perhaps, be afforded copyright rights in his adorable self-portrait. That suggestion must have angered the intellectual property gods, who have now unleashed their wrath upon the simian world. Some bozo, I recently learned, sued a cartoon ape for purported right of publicity violations and infliction of emotional distress. Rest easy, Magilla — no one is on to you for that failed bank robbery attempt. I’m talking about the lawsuit recently filed by Johnny Devenanzio… (If you are wondering who this Johnny fellow is, don’t worry, you are not alone.)

For those of you who are not MTV reality show devotees, let’s get you up to speed. Johnny got his start on the Real World Key West, a “true story…of eight strangers…picked to live in a house…work together and have their lives taped…to find out what happens…when people stop being polite…and start getting real.” Johnny then appeared on The Challenge — which used to be called The Real World-Road Rules Challenge, at least back when anyone I know cared about The Real World, or Road Rules, or any kind of challenge that might pit the two against each other — and he continued to make a fool of himself on numerous The Challengespin-offs (all of which involved copious amounts of alcohol, the occasional fist fight, and a fair amount of stupidity). These shows portrayed Johnny as an arrogant, scheming meathead who likes to stir up drama, earning him the nickname “Johnny Bananas.” (Ironically, you can also hire Johnny to give lectures on alcohol awareness, humility, and conflict resolution. That sounds like a great idea…)

Now, let’s get to the lawsuit. With a little help from lawyer Stephanie Ovadia (yes, the same lawyer who represented our beloved Lindsay Lohan in some of her most entertaining lawsuitsever), Johnny is suing the people behind the hit HBO series Entourage (R.I.P.). The lawsuit is based on a storyline involving a fictional cartoon called Johnny’s Bananas in which Kevin Dillon’s character, Johnny “Drama” Chase, lends his voice to a cartoon ape, aptly named Johnny, who tends to go “bananas” when things don’t go his way. Angered by this storyline (and likely upset after his lawyer pointed out that he has a striking resemblance — both mentally and physically — to an unattractive, hot-headed cartoon ape), the real-life Johnny is now claiming that HBO is trying to capitalize on a nickname that he “is solely responsible for creating.” (Apparently Johnny needs to brush up on his Chicago mobster trivia, as he’s not the only “Johnny Bananas” around.)

In his complaint, Johnny seeks an injunction to bar HBO, Time Warner Cable, and Entourage creator Doug Ellin from (a) distributing or broadcasting Entourage’s final season in any way, shape, or form, and (b) manufacturing and selling Johnny’s Bananas merchandise. Johnny also seeks compensatory and punitive damages for the tremendous emotional distress he suffered as a result of Entourage’s “offensive and disparaging” use of his nickname. Does Johnny have a shot at victory? Continue reading the full story . . . »


Bright Lights, Stars and Machine Guns: Just Your Average Night in Hollywood

If there’s any pattern in my blog posts, it’s that they are often inspired by my real-life experiences. This one is no different. Recently, I arrived home around 9 p.m. and was greeted by the sound of machine-gun fire that sounded like it was coming from across the street. My husband was out watching a football game (the rival team I poked fun at here) so I had nobody to confirm if there was, in fact, urban warfare taking over the mean streets of Hancock Park, or if it was jut my imagination. The sound continued intermittently every 15–20 minutes for the next hour, with me jumping out of my seat every time (and our cat jumping out of his seat in the window), until my husband got home and confirmed that it was neither my imagination nor an uprising of disgruntled Larchmont Village bakery-goers: a movie was being filmed on the next block over. Sure enough, I seem to have ignored the giant light hovering over the block, which was so bright it could have lit an entire football field for a nighttime game.

The next morning, I drove by to check it out, and saw the block lined with 1940’s-style cars, including a police car and an ambulance. Some Internet sleuthing revealed that the movie being filmed was Gangster Squad, a period piece slated to come out in 2012 with a star-studded cast including Ryan Gosling, Emma Stone, and Sean Penn.

My first thought, of course, was, Cool! Maybe I can go stroll by after work and get a glimpse of the filming!

My second thought, since I am obviously a law dork, was, I wonder whether the neighbors have any rights with regard to the movie being filmed there? Continue reading the full story . . . »