Posts In "Talent"

Talent




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 . . . »


Q&A: How Do I “Dis-Attach” a Producer from My Project?

Q: How binding is a letter of intent? Nearly eight years ago, I signed a one-paragraph agreement in which I allowed a producer to attach himself to my original screenplay and shop it around. He found no takers and hasn’t submitted the script anywhere for at least five years. Now I’m thinking of reviving the project, but would prefer to do so without the producer’s involvement. Do I have any further legal or moral obligation to him? I would like to add that no money exchanged hands; the producer never actually optioned or bought my screenplay.

A: A true letter of intent is as binging as your To Do list, or at least it should be. You intend to do the things on your To Do list, but if you don’t do them you won’t get sued. The only way a letter of intent is legally binding is if it’s not truly a letter of intent. It’s not what you call something, it’s what it is. You can have a piece of paper called a letter of intent that actually contains a binding agreement or you can have something called a binding agreement that actually contains no agreement at all but just a list of non-binding things the parties intend. It seems like you have something called a letter of intent which actually contains your agreement to attach a producer to your screenplay. Continue reading the full story . . . »


Pampered Pups, and the Laws That Love Them

With this year’s Fashion’s Night Out just days away, I can’t help but think of Alexander McQueen, whose tragic suicide last year deprived the fashion world of one of its greatest talents. McQueen had no children, but made sure his dogs were well taken care of by leaving over $80,000 in his will for the care of Juice, Callum, and Minter. (Nope, I didn’t make up those names.) McQueen also left money to his housekeepers, siblings, nieces and nephews, and charities (including two animal welfare charities — McQueen was clearly an animal lover).

But Alexander McQueen is hardly the first high-profile figure to decide that nothing says “I love you, Fido” like a massive trust fund. And, in most of the United States, the law is specifically equipped to make sure that these pampered pups are taken care of long after their owners have gone to that great dog park in the sky. Continue reading the full story . . . »


Married to J-Lo: Gravy Train or Dead End?

Remember the good old days when Jennifer Lopez made headlines for harmless things like bold fashion choices and a semi-legendary backside? These days, though, it seems like J-Lo makes news less for her talents as an actress/singer/Paula Abdul replacement, and more for her divorces. In the midst of swirling gossip about the demise of her marriage to Marc Anthony, J-Lo has been battling in court, trying to stop her first husband, waiter-turned-chef-turned-professional celebrity-ex/litigant Ojani Noa, from selling the rights to a series of home videos made during their short-lived marriage. (This is, in fact, the second time Noa has tried to sell rights to the story of his ill-fated marriage to the Puerto Rican starlet; apparently, a permanent injunction and a $500,000 damages award didn’t teach him a lesson).

Some quarters of the Internet were no doubt crushed to hear that, unlike last time, Noa is now reportedly hawking home videos of a rather G-rated variety. And while the newest headlines about J. Lo’s ongoing battle with Noa vaguely trumpeted a J-Lo victory, behind the A-list names in the headline (or rather, the one A-list name and the ex-husband of the A-list name) was a legal issue only a lawyer could love — whether the dispute between Lopez and Noa would have to proceed via private binding arbitration or in court (Lopez succeeded in pushing the case to arbitration, shielding any salacious tidbits that might come out of this nasty battle from public view). But of course, the idea of the public release of celebrity home videos (whether G or XXX rated) always piques the interest of our voyeur culture.

Of course, J-Lo is in a better position than many celebrities trying to keep their private lives private, in that her long and sordid legal history with Noa has created a paper trail of contractual agreements between the two on which she can now rely (more on that later). But putting aside the quirkier aspects of the Lopez/Noa dispute, the general question remains: can a famous celebrity like J-Lo stop a gold-digging ex from profiting off home videos made during the relationship? Continue reading the full story . . . »


The Blame Game: Who Takes the Fall When a Movie Tanks?

Spoiler alert: not all movies succeed.

In any given year, the bombs will outnumber the blockbusters, much to the dismay of the companies fronting the cash (and that doesn’t even count all the movies that “lose money” on paper). American treasury bonds may no longer be AAA gold-plated, but you better believe they’re a safer bet than financing a movie — just ask every pro athlete who went bankrupt investing their multi-million dollar advance into a pet motion picture project. But not everybody who watches their investment wither and die at the hands of unforgiving reviewers and uninterested audiences is willing to just walk away. For these investors, there is recoupment by litigation (and entertainment lawyers everywhere rejoiced!).

Consider the financiers of the movie Free Style, who filed a lawsuit last week in hopes of salvaging their investment in the box office bomb. Unsurprisingly, the suit names the producers as defendants, alleging that they made misrepresentations about the marketing budget and the scope of the movie’s release. More interestingly, though, the financiers are going directly after star Corbin Bleu (of High School Musical fame, for those of you without tweenage daughters), alleging that he failed to honor an agreement to provide interviews to promote the film. As a result, say the money men, after they loaned $8.57 million, the movie only earned $1.3 million from all sources including foreign distribution and DVD sales. (If you’re thinking that’s not so bad, chew on this: the movie earned only $463 on opening weekend in the United States. Yes, 463 dollars, no zeros added. The investors might have been better off selling their collectible Barbies on eBay that weekend.)

Since you’ve likely never heard of the movie (case in point?), here’s a synopsis: “High School Musical’s Corbin Bleu trades in his dancing shoes for a helmet in this family film. InFree Style, young Cale (Bleu) gives his all in his effort to be on the Grand National Motocross racing team, while his mother (Penelope Ann Miller), sister (The Game Plan’s Madison Pettis), and girlfriend (Sandra Echeverria) cheer him on.”

I’ll give you a moment while you toggle over to Netflix to add the DVD to your queue. You’re welcome.

So, having taken the unusual step of suing the star of their film, what hurdles do the investors face in proving their case against Bleu? Continue reading the full story . . . »


Q&A: Should I Agree to Give My Actor a Stop Date?

Q: I’m a producer and am doing a small low budget film. I’m wrapping up some of my actor agreements right now, and one of my actors, who’s had a few bit parts in some straight-to-DVD movies, has asked for a “stop date.” I’m pretty sure I know what that means and think I’m okay giving him one but are there any aspects to a stop date I should be wary of?

A: I’ve been on a few “stop dates” in my day. I show up at my date’s door and she says “stop,” turns around and shuts the door. Luckily those days are past because I’m a hotshot entertainment attorney with a popped collar (oh, and I’m married with two kids).

Your stop date, of course, has nothing to do with the preceding terrible joke. It’s a protection that actors may ask for but may not always get. Unfortunately, “stop date” is another term that’s bandied about in the industry as though it means something concrete, when in fact it means whatever it’s defined to mean in an agreement. Therefore, your first lesson, if you decide to give your actor a stop date, is to clearly define exactly what is being stopped on that date. Continue reading the full story . . . »