The Definition of a Very Slippery Slope: California’s Video Game Law

Over the last five years or so, numerous state legislatures have passed laws banning the sale of violent video games to minors. In every case, the law was stricken down as unconstitutional under the First Amendment. Seemingly undeterred by such minor facts as judicial unanimity about the constitutionality of such legislation, California too passed a law banning the sale of violent video games to anyone under the age of 18. It used words such as “cruel” and “depraved” to define what was “violent.” And just like every court of appeal that had considered similar laws from other states, the Ninth Circuit Court of Appeal struck down California’s law without hesitation.

But on April 26, 2010, the U.S. Supreme Court granted review. The Supreme Court’s action has caused a furor because the Supreme Court usually does not review cases where the already-existing appellate case law has been entirely consistent across all jurisdictions. It usually only reviews cases where there is a split among the appellate courts. Here, there is no split. Which raises the obvious question — why does the Supreme Court want to review the California law? Continue reading the full story . . . »


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Q&A: The Studio Let Their Option Expire, But I Want to Use Their Screenwriter…Am I Legally in the Clear?

Q: I am in talks with a bestselling author to option his first novel. A studio recently let their option expire. While the book was under option, the studio hired a screenwriter to write a screenplay. I would like to contact this screenwriter to see if he would want to be involved with this property again, under my company. Before I approach him, I would like to know if he would be under any kind of contract with the studio that would prevent him from working with me.

A: A first novel is like first love — clumsy, unnecessary, a big mistake. Just like my first blog (and my subsequent blogs). A first anything is typically a fiasco — the first World War, first pancake, first Troll movie, first car accident. Life is full of failed firsts — a long series of maiden voyages sunk halfway there. But, based on no evidence, I’m sure this first novel is immune from the immutable laws of first flops. Continue reading the full story . . . »


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Definitively Dismissed: Simple Strategies for Successfully Defeating a Copyright Claim

I have a two year old daughter at home that won’t eat. I mean, she’ll eat chocolate chip pancakes, but not chicken, or broccoli, or anything that might actually cause her to grow. If only I’d known earlier that the secret to Alyssa’s healthy eating was putting the chicken and broccoli inside the chocolate chip pancakes. Continue reading the full story . . . »


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You Can’t Say That!! (Or, Maybe You Can, But You Shouldn’t)

A few weeks ago, Chloe Sevigny got herself in hot water for calling this season’s episodes of HBO’s series Big Love “awful.” Not surprisingly, Chloe immediately apologized, claimed she was quoted out of context and provoked and tried to make nice with the show’s producers. Of course, Chloe wanted to keep cashing those fat HBO paychecks. But, could HBO really can her for simply stating her opinion? I mean, this is a free country, isn’t it? Of course it is! And also not.

Many agreements in Hollywood contain what are known as “non-disparagement” clauses. These contractual provisions are designed to prevent people involved in films and television shows from creating negative publicity and interfering with the studio’s spin machine. For example, NBC used a broad “non-disparagement” clause to prevent Conan O’Brien from saying what he really thinks about NBC, Jay Leno, or NBC head honcho Jeff Zucker, or subjecting them to a proper dressing-down from Triumph the Insult Comic Dog. (Fun fact for those on Team Coco: type “Jeff Zucker is a” into a Google search box and see what Google’s autocorrect suggests!) Continue reading the full story . . . »


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Exclusive Reports: Non-Compete Clauses in the Broadcasting Industry

Recently, MSNBC anchor David Shuster was suspended indefinitely (and most likely, permanently) after he taped a pilot for competitor CNN in violation of his contract. As David Shuster’s suspension makes headlines, non-compete clauses in employment contracts for broadcasting employees, and particularly news anchors, may once again become the subject of controversy. Several states, including Arizona, Illinois, Maine, Massachusetts, and New York, restrict broadcasting employers’ use of non-compete clauses in their broadcasting contracts. California has taken a more extreme view of non-compete clauses, banning these types of clauses across the board with very limited exceptions. Continue reading the full story . . . »


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Is There “Labor” in Labor?

I’m a mom. I’ve experienced the miracle of childbirth, and it truly is wondrous (and terrifying and, well, sticky). Yet I’ve always been confounded by the popular practice of bringing a camera into the delivery room to chronicle this incredibly private and moving moment. The purpose for many seems to be to hold uncomfortable slide shows for friends and family. That’s entertainment? Personally, I just don’t get it.

Still, during pregnancy, I found myself addicted to the plethora of childbirth reality shows, in which the process of labor and delivery (and typically the first few weeks of baby’s life) is documented with Jacques Cousteau-like surveillance, and then run five days a week on basic cable for all to see. I found it fascinating, yet couldn’t help but ask myself: why do people sign up for this? With all due respect to Andy Warhol, not everyone needs to be famous for fifteen minutes, particularly women in labor and gooey, newborn babies. Many apparently disagree, and to you I say: better you than me. Continue reading the full story . . . »


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