Copyright Battles on “Friday” Are Not Fun, Fun, Fun, Fun

It’s Friday, Friday
Gotta get down on Friday
Everybody’s lookin’ forward to the weekend, weekend

Yesterday was Thursday, Thursday
Today i-is Friday, Friday (Partyin’)
We-we-we so excited
We so excited
We gonna have a ball today

Some people think that Rebecca Black’s “Friday” may just be the worst song in recorded history (a campaign no doubt spearheaded by Right Said Fred and the Baha Men). It also has the tendency to burrow in one’s ear like those little worms from Star Trek II: The Wrath of Khan, which means that once you hear it, you’re only going to be able to get it out of your head by replacing it with a few choruses of MMMBop. And so, in the age of Google, YouTube and Twitter, this horrible yet horribly catchy song and its accompanying music video — both of which probably should have been confined to Black’s family and a close circle of forgiving friends — have now been seen and heard by over 80 million people.

But wait, there’s more: “Friday” now appears to be at the center of a legal showdown over who owns the copyright. Some of you may be thinking: who would admit to liking this song, let alone owning it? But, as they say, 50 million Elvis fans can’t be wrong. And when you have a song that people are paying for just so they can talk about how bad it is, well, my friends, now you’ve got something worth fighting over. Continue reading the full story . . . »


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Q&A: How Legally Binding is a Producer’s Verbal Promise to Pay a Percentage of a Film’s Profits?

Q: Assuming a producer, verbally only, at the time of the shoot, promised a co-producer a percentage of the film’s profits, does the co-producer have any legal rights to demand anything, since there is nothing in writing to prove it?

A: “An oral contract isn’t worth the paper it’s written on.” Goldwyn was absolutely right but also very wrong. There are few contracts that must be in writing to be enforceable. We have a beautiful blog on this, but there’s always more to say. So let’s say more. Continue reading the full story . . . »


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Double Trouble: What Black Swan, The Exorcist, and Maria from West Side Story Have in Common

Even before Natalie Portman won her Best Actress Oscar for her role in Black Swan, critics and audiences alike were buzzing about her disturbing performance as a dedicated-but-delusional prima ballerina. Recently, however, the discussion of Portman’s performance has taken a turn towards the controversial, as Sarah Lane — an American Ballet Theater soloist and one of Portman’s Black Swan dance doubles — has emerged with allegations that Portman did just 5% of the full body dance shots seen in the finished film.

Lane claims she is the victim of a “cover-up” by the filmmakers. Although she commends Portman for trying “to go method” and losing “a lot of weight” for the film, Lane blasts her single’s dancing (if Lane is Portman’s double, doesn’t that make Portman Lane’s single?), saying Portman didn’t look “at all” like a professional dancer and couldn’t even dance in pointe shoes. Lane’s comments came just days after Portman’s choreographer-slash-baby-daddy Benjamin Millepied boasted to the Los Angeles Times that Lane did only a very minimal amount of dancing in the film and that “Honestly, 85 percent of that movie is Natalie.” Since Lane made her “5%” claim, however, the film’s producers, director and co-stars have come to Portman’s defense, with director Darren Aronofsky issuing a statement yesterday saying that of the 139 dance shots in the film, 111 — or, 80% — are Portman untouched, and when you consider screen time, 90% of the dancing is Portman.

Even if all the “did she or didn’t she” discussion surrounding Portman’s Oscar and dance performance misses the real issue — namely, that this should have been Annette Benning’s year — it did get me thinking about the use of doubles in film, and what potential legal claims actors and their doubles might have when situations like this arise. Continue reading the full story . . . »


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Cameras in the Courtroom: Access to Justice or Media Circus?

Our loyal Law Law Land readers already know about the intrigue that surrounds so-called court “reality” shows like Judge Judy and The People’s Court. (For those who missed it, I broke the shocking news that — brace yourselves, people — those “courts” aren’t really courts at all.) So where can avid followers turn for a glimpse of real-life justice? In many cases, the public’s view of the inside of a court trial is limited to the lifelike renderings of the courtroom’s sketch artist. But occasionally, a judge decides to allow a video camera into the courtroom and we can watch the proceedings for ourselves.

Last month, Los Angeles Superior Court Judge Michael Pastor ruled that a television camera will be allowed in the courtroom for the involuntary manslaughter trial of Michael Jackson’s former doctor, Conrad Murray, for which jury selection began last week. Judge Pastor asked for the “absolute least-intrusive placement” of the camera and prohibited cameras from being present at jury selection.

Judge Pastor was able to make that ruling because in state courts in California, pursuant to California Rule of Court 1.150, “Photographing, recording, and broadcasting of courtroom proceedings may be permitted as circumscribed in this rule if executed in a manner that ensures that the fairness and dignity of the proceedings are not adversely affected.” Specifically, a judge “in his or her discretion may permit, refuse, limit, or terminate media coverage.”

In making his decision, the judge must take into account a whole litany of factors, including: the importance of maintaining public trust and confidence in the judicial system; the importance of promoting public access to the judicial system; the parties’ support of or opposition to the request; privacy rights of participants; the maintenance of the orderly conduct of the proceeding; and any other factor the judge deems relevant. In sum, a state court judge has a ton of discretion, especially because he can consider “any factor [he] deems relevant.” (I, for one, would propose a few additional factors for consideration, like “how to best avoid an O.J. Simpson trial-style media circus” or, a closely related inquiry, “how to not be Judge Lance Ito.”) Continue reading the full story . . . »


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Q&A: I’m in Love With a Script, But I Cannot Afford to Option it Yet. Now Another Producer Is Interested. What Can I Do?

Q: There’s a script I’ve been interested in for a while. I’ve been trying to raise some financing so that I can produce it. I think I’m close to successfully putting some financing together but I just found out that there’s another producer that’s suddenly interested in it. I’m afraid that I’m going to lose it. I want to option it but don’t have the money yet. Anything I can do?

A: If you don’t have the money right now to option it, unfortunately your options are limited. Pun intended (as always). Continue reading the full story . . . »


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Old Navy Is Definitely “Keeping Up with the Kardashians”

By now, I’m sure many of you have seen the Old Navy commercial starring Kim Kardashian Melissa Molinaro, a curvy, dark-haired Kim Kardashian lookalike who bursts into song and dance while looking “super C-U-T-E” in her Old Navy duds. Like many of you, I did a double take when I saw this commercial for the first time. Upon closer examination (read: once I caught a glimpse of the star’s normal-sized backside and nimble dance moves), I realized the star of the commercial was not Kim, but just a woman with a striking resemblance to the reality TV star/fashionista/walking proof of the decline of Western civilization.

After the commercial first aired in February, articles devoted to Old Navy’s use of Kim’s spitting image popped up all over the Internet. Molinaro herself has called the comparisons to Kardashian “extremely flattering” — but of course, who’s to say whether Kim herself would agree? So, naturally, upon first viewing Molinaro’s commercial, the lawyer in me immediately thought, “Can Kim sue Old Navy for using her lookalike in a commercial without her permission?” Then, the blogger in me thought, “I should write a blog about this!” (Then, the normal human being in me thought, “What have I become?”) So, let’s see if the law is on Kim’s side. Continue reading the full story . . . »


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