Welcome to our recap of stories relating to intellectual property (including copyrights, trademarks, trade secrets, etc.) and entertainment law – art, animation, television, film, digital games, etc. This issue’s stories cover many issues including: movie genre taste changes; EU copyright law; new privacy rules; first amendment & art; #metoo; Spotify case; Hobbit case settled; much a do about shoe designs; and more.
These are some of the articles, reports, posts, etc. that caught our attention. We originally send them out through our twitter account @d_gonzalezlaw, so follow us to get them as we find them. But many of them are such great resources we don’t want you to miss them, so we’ve decided to put them as a weekly recap. Some have links that will take you to their original sources, whether Mashable, Lexology, New York Times, ArtNews, and/or others. For some others you need to go directly to our Twitter account. Enjoy and let us know some of the stories you’ve found interesting this week. Just share in the comments below. Have a great week!
- How do movie genre tastes change with age? Today’s article is a response to a comment posted on an article I wrote last year entitled What films are older cinemagoers watching? Jonathan asked which movies audiences aged 18-24 years old,… stephenfollows.com
- European Parliament Rejects Controversial Copyright Law The Copyright Directive will force online platforms to share revenues with copyright holders, but critics say it will clamp down on free speech and c… hollywoodreporter.com
- A Crackdown on Film Props Angers Hong Kong’s Cinephiles Two members of a film crew were sentenced for possessing counterfeit bills used in an award-winning movie. The case has baffled industry observers. nytimes.com
- Fantastical Cityscapes of Cardboard and Glue at MoMA The visionary Congolese artist speaks of both beauty and the harsh realities of life in his Jetsonian cardboard cityscapes. nytimes.com
- S. News Outlets Block European Readers Over New Privacy Rules The move by several major news organizations illustrated that some companies would prefer to lose European readers than to risk being hit … nytimes.com
- Artist Prints Out Lengthy “Terms of Service” Policies of Popular Apps Designer Dima Yarovinsky visualizes the lengthy (and often overwhelming) “terms of service” agreements from popular social apps—including Fac… mymodernmet.com
- Scott Rudin Settles With Harper Lee Estate Over ‘To Kill a Mockingbird’ Adaptation The parties stipulated to a dismissal of an ongoing lawsuit. hollywoodreporter.com
- At Nike, Revolt Led by Women Leads to Exodus of Male Executives Complaints about bad behavior by men and a lack of advancement for women long went ignored, employees said, but now change seems to be … nytimes.com
- Opinion | What Do We Do With These Men? Men felled by #MeToo are going to stage comebacks. So it’s time to talk about what it looks like when they do. nytimes.com
- Which languages are most commonly used in movies? Tui got in touch to ask “I was wondering how many Non-U.S. English-language narrative drama features get Theatrical North American distribution“. It’s a great q… stephenfollows.com
- de Havilland vs Feud – FX Wins Round in California Court of Appeal It is hard to imagine that any one person could initiate separate lawsuits resulting in decisions of substantial importance to the entire U.S. entertainment industry. And when that person is iconi… thetmca.com
- PTO’s Rejection of Marks Related to Marijuana Should Be Found Unlawful The United States Patent and Trademark Office rejects trademark applications when it determines that the use of the mark is unlawful under the Controlled Substances Act. See In re Brown, 119 USPQ.2… thetmca.com
- Cannabis Shirt Battle Costs Iowa State Almost $1M We previously posted about a four year legal battle that arose from a refusal by Iowa State University to let its school logos be used on t-shirts by an … thetmca.com
- Hey, Batter Batter! – Lizard Skins Goes to Bat over its Grip Tape Designs It’s finally the start of baseball season: you can almost feel the gentle spring breeze, smell the peanuts and popcorn, and hear the crack of the bat. Yo… thetmca.com
- Delete at Your Own Risk: How Government Social Media Can Run Afoul of the First Amendment | New… While there is an extensive body of law on the First Amendment New York courts have only addressed government social media in evidentiary disput… law.com
- Google Beats Lawsuit Accusing YouTube of Censoring Conservatives A judge holds that YouTube isn’t a “public forum” run by a “state actor.” hollywoodreporter.com
- Will Copyright Rules for Player Pianos Continue to Govern Digital Music Delivery? Last month in our Olympics edition, we provided a glimpse into the arcane world of licensing of musical works under the U.S. Copyright system. It’s actually crazier still. Who knew that the legis… thetmca.com
- Use copyright law to battle mugshot extortion After her DUI charge was dropped, Julie Cantu thought her nightmare was over. Then, she went on a date. abajournal.com
- Stéphane Audran, Star in Oscar-Winning ‘Babette’s Feast,’ Dies at 85 Her turn in an Oscar-winning film was one highlight among numerous credits, many in the films of Claude Chabrol, her husband for 16 years. nytimes.com
- Canceled Deals and Pulped Books, as the Publishing Industry Confronts Sexual Harassment Publishers are grappling with how to respond to a cascade of allegations of sexual harassment against authors. nytimes.com
- Katherine Westphal, Creator of Unusual Textile Art, Dies at 99 Westphal devoted her life to, in her words, “the patterning of cloth on any surface available” — including quilts, kimonos, dresses and baskets. nytimes.com
- ‘Blurred Lines’ Verdict Upheld by Appeals Court A three-judge panel upheld the finding that the Robin Thicke song infringed on the copyright of Marvin Gaye’s “Got to Give It Up.” nytimes.com
- A New Italy, Imagined by Artists and Demagogues Two exhibitions — one in Milan, the other in Florence — examine art’s relationship to Italian politics, and find that the two are never far apart. nytimes.com
- Think Your “Private” Posts are Private? In New York, “Private” Facebook Posts are No Longer… In a recent unanimous decision, Forman v. Henkin, the New York Court of Appeals, New York’s highest court, removed the heightened requirement set by the lower … thetmca.com
- Musical Artists Having A “Party and Bulls***” After Copyright Infringement Suit Dismissed Several musical artists, producers, publishers and songwriters, including the estate of the Notorious B.I.G and Rita Ora, are celebrating after a U.S…. thetmca.com
- Denzel and lawyer hell: ‘Roman J. Israel, Esq.’ and the attorney afterlife Let’s face it. Every attorney in private practice knows the drill. You work your entire career with a goal in mind. For some, it’s the greater good: justice, social reform, pers… abajournal.com
- Laudatory Terms – Super Trademarks or Not Worth the Trouble? Hello loyal TMCA readers – This is the first installment of what we hope to be an informative series of posts called Quirky Questions: TMCA Edition… thetmca.com
- Sonja Bata, Whose Museum of Shoes Tells a Story, Dies at 91 The Bata Shoe Museum, which she founded in Toronto, contains thousands of items spanning 4,500 years of footwear history. nytimes.com
- 5 Things We Learned From Andrew Lloyd Webber’s New Memoir “Unmasked,” a 500-page doorstop out this week, tells rich stories about the projects he never made — and the childhood feline that inspired “Cats.” nytimes.com
- #MeToo, Harvey Weinstein and Awkward TV: Our Critics Talk Oscars In a wide-ranging discussion, our critics examine how the Academy Awards were actually in tune with these polarizing times. nytimes.com
- To EatRight, It May be Too Late The Ninth Circuit breathed new life, for now, into a trademark infringement suit brought by Eat Right Foods Ltd.’s (“ERF”) against Whole Foods Market, Inc. The district court had granted summary j… thetmca.com
- Judge Rules News Publishers Violated Copyright by Embedding Tweets of Tom Brady Photo The defendants, including Breitbart, Time, and The Boston Globe, warned a loss would “cause a tremendous chilling effect on the core functionality of the web.” hollywoodreporter.com
- The Rise of the Social Media Fembot The female cyborg has long been a pop culture fixation, but now feminized tech is all around us, with a true blurring of reality and fantasy. nytimes.com
- An FTC Twofer – Made In USA Claims and Selfie/Self-Certification Marks Last week the FTC published a Complaint and proposed Consent Order in In re Bollman Hat Company et al. addressing two hot topics: Made in USA ad claims, whi… thetmca.com
- Meet Your Art Twin: A 400-Year-Old With an Oily Complexion Art museum selfies are getting more personal as visitors seek their doppelgängers in paintings and sculptures. A new feature in a Google a… nytimes.com
- Champagne for the New Year – Trademark or Geographic Indicator? Did you celebrate with a sip of Champagne on New Year’s Eve? Champagne is not just a sparkly beverage consumed around the world, it also refers to the regio… thetmca.com
- Review: Surprise Lessons From John Lithgow’s ‘Stories by Heart’ In a touching tribute to his father and the tradition of reading aloud, Mr. Lithgow recites two classic tales of deception and comeuppance. nytimes.com
- Extra Foam, Please: Common Sense Prevails and Court Finds that Starbucks Lattes Contain Foam Yes, you read the title of this post correctly – Judge Rogers of the Northern District of California granted summary judgement in favor of Starbucks i… thetmca.com
- Facebook Is Changing. What Does That Mean for Your News Feed? The social network has implemented major changes to the types of posts, videos and photos that appear in your News Feed. Here is what you shoul… nytimes.com
- The End of the Social News Era? Journalists Brace for Facebook’s Big Change Media executives watch skeptically as Mark Zuckerberg, in a heated political environment, shifts the focus of his site back to the personal. nytimes.com
- Boston Museum Tries New System for Protecting Artwork: A Dog’s Nose The Museum of Fine Arts in Boston is training a dog to detect moths and other pests that can damage artwork. nytimes.com
- Review: Who Am I? ‘Panorama’ Says There Is No Easy Answer In this multimedia, multidimensional performance piece, the boundaries of race, gender and ethnicity blur into a shifting pageant of identity. nytimes.com
- The Difficulties With Facebook’s News Feed Overhaul Facebook faces complex questions over its prioritization of “meaningful” content in the News Feed, including whether people want that kind of content in the first pla… nytimes.com
- Protecting His Nation From Puppeteers and Belly Dancers An Egyptian lawyer’s prolific lawsuits seek to punish those he deems to offend Egypt’s morality or its president. nytimes.com
- 48 trends reshaping the film industry: Part 2 – Production This is the second instalment of a four-part series chronicling 48 different trends and changes in the film industry. Last week I gave you trends 1 to 12, in the fields of development and finance and… stephenfollows.com
- Best Original Song – Motion Picture – Golden Globes: Complete Winners List “This Is Me,” The Greatest Showman (WINNER) Music and lyrics by Benj Pasek and Justin Paul hollywoodreporter.com
- Without Naming Trump, Twitter Says It Won’t Block World Leaders Twitter said on Friday that prohibiting a world leader from posting on the platform “would hide important information people should be able to see … nytimes.com
- Review: A Wondrous ‘Pinocchio’ With That ‘Lion King’ Magic In a creative master stroke, this National Theater adaptation of the Disney film uses oversized puppets to play adults, who tower over the title figure. nytimes.com
- Spotify Hit With $1.6B Copyright Lawsuit Over Tom Petty, Weezer, Neil Young Songs Wixen Music Publishing files a new lawsuit that also covers music from Rage Against the Machine, The Doors, Steely Dan and many others. hollywoodreporter.com
- Production Legal and E&O Insurance Question for FilmTVLaw.com: Dear Sir, I have the budget raised for an independent feature, but need to know what the first steps should be to legally protect my pro… filmtvlaw.com
- Comic Convention Giant Victorious in Trademark Suit – “Comic-Con” is Not Generic Fan boys and fan girls may soon see changes to the names of their favorite pop culture events given a federal jury’s recent ruling that the term “Comic-Con” is not g… thetmca.com
- Seuss is Drooling Over Court’s Pre-Holiday Ruling You know of this lawsuit, we’ve blogged on it twice, It’s time for a check-in, to see who’s naughty and nice. The Plaintiff as you know is the heir of Dr. Seuss, And fussing and fuming about… thetmca.com
- FCC Votes to Repeal Net Neutrality Rules The next stop will be a courtroom as the media regulatory agency retreats from prohibiting ISPs from blocking and throttling content. hollywoodreporter.com
- Has Fox’s “Empire” Ended the Battle? Ninth Circuit Expands Scope of Permissible Promotion of… On the day after the airing of “Fortune Be Not Crost,” the sixth episode of season four of Fox’s popular show “Empire,” Fox had some good fortun… thetmca.com
- Songs, Music Publisher of Lorde and Diplo, Bought by Kobalt The deal is the latest sign of a frothy market for music rights, as streaming has given a boost to the valuations of music catalogs. nytimes.com
- The Fabulous Holiday Windows of London, Paris, Berlin and New York City The wintry décor season came early this year. nytimes.com
- Another FTC Strike Against “Selfie” Certification Marks We’ve blogged about recent enforcement actions taken by the FTC against companies using deceptive “selfie” certification marks. These are seals of … thetmca.com
- Graffiti Artists “Tag” Developer in Court: Graffiti Art Protected Under Visual Artists Rights Act… Earlier this month, in Cohen et al v. G&M Realty LP et al., a jury impaneled in the U.S. District Court for the Eastern District of New York found that a developer violated the Visual Artists R… thetmca.com
- Law Firm’s Guide to a Low-Risk Holiday Party – Attorney at Work I know. Another cautionary tale about firm holiday parties. But this year is a little different. Welcome to the most dangerous party in the firm’s history. attorneyatwork.com
- Famed NYT Cartoonist Illustrates Winning Argument in Breach of Contract Action For more than seven decades, the Arts sections of the New York Times featured cartoons by the famous artist Al Hirschfeld, whose works were celebrated for their c… thetmca.com
- How Pixar Made Sure ‘Coco’ Was Culturally Conscious With a white director and a story based on a traditional Mexican holiday, the studio (mostly) pre-empted controversy through uncharacteristic collabora… nytimes.com
- Are audiences tiring of 3D movies? Last week saw the release of Justice League, a film in which a brave, plucky band of CGI artists gallantly battle Henry Cavill’s moustache. The film is available to watch in either 2D or 3D, with… stephenfollows.com
- How the Myth of the Artistic Genius Excuses the Abuse of Women To some, assessing an artist’s work in light of his biography is blasphemous. But it’s time to do away with the idea that they’re separate. nytimes.com
- Yayoi Kusama and the Amazing Polka-Dotted, Selfie-Made Journey to Greatness The artist of “Infinity” rooms has become an Instagram darling. But two new gallery exhibitions in New York show that she’s much more than that — an almost fr… nytimes.com
- E.C. Warns Celebrities Endorsing Virtual Money The agency said celebrities who promoted coin offerings could be violating multiple laws. nytimes.com
- Opinion | How Twitter Killed the First Amendment The amendment has withered in the face of troll armies, government censorship and fake news. Can anything be done? nytimes.com
- Could Trump pull NBC’s broadcast license? The First Amendment isn’t his only problem President Donald Trump on Wednesday tweeted his displeasure with an NBC News report that said he wanted a nearly tenfold increase in the cou… abajournal.com
- New true crime TV series should reopen debate over cameras in the courtroom It’s been almost 30 years since the Menendez brothers returned to their Beverly Hills, California, home and found their parents brutally murdered… abajournal.com
- Whoomp! There It Is: A Copyright Judgment Creditor’s Final Recovery 24 years after Tag Team’s hit song “Whoomp! (There It Is)” topped the charts, a long and ugly dispute regarding ownership rights to the song and related copyright infri… thetmca.com
- Three major ways movie release patterns are changing Every few weeks, there is a news story about a new challenge to the traditional distribution model for movies. The latest of these was the announcement last week that the new Shaft reboot would be… stephenfollows.com
- Let Right-Wing Speakers Come to Berkeley? Faculty Is Divided Students looking to the faculty and administration for guidance on how to interpret the free speech issue are seeing deep divisions among their le… nytimes.com
- If an AI creates a work of art, who owns the copyright? Robert Hart looks at the legal issues surrounding AI ownership and copyright. weforum.org
- Did You Attend the FTC’s #Influencers101 Twitter Chat? If Not, We Took Notes. On Wednesday afternoon, the FTC hosted a live Q&A Twitter chat on influencer advertising. In case you missed it, we took some notes on the most helpful tweets. The Q&A covered topics such … thetmca.com
- How Facebook Is Changing Your Internet Behind the scenes, Facebook is involved in high-stakes diplomatic battles across the globe that have begun fragmenting the internet itself. nytimes.com
- At Cornell Tech, Art Engineered for the Imagination From the early design stages, architects have integrated five immersive installations throughout the main academic building. Plop art it is not. nytimes.com
- Dylan, Obama and a Crown of Thorns: 50 Years of Rolling Stone A music magazine whose influence stretched beyond entertainment and into the world of politics could elevate a career with its cover. nytimes.com
- New York Times Beats Sarah Palin Defamation Lawsuit A judge says that mistakes will be made in the exercise of press freedoms, but lawsuits from public figures must be limited. hollywoodreporter.com
- Much Ado About Shoe Designs – Favorable Rulings for Adidas on Summary Judgment in Skechers Tradem… On August 3, 2017, the shoe manufacturer Adidas scored important legal victories in its long-running trademark dispute with the shoemaker Skechers. Adidas America, Inc. et al. v. Skechers USA, Inc… thetmca.com
- Disney Discloses $177 Million Settlement in Aftermath of ABC’s “Pink Slime” Trial Beef Products Inc. had been demanding billions until a defamation trial abruptly ended in late June. hollywoodreporter.com
- Sony Sued for Lacking License to Use T.Rex Song in ‘Baby Driver’ The plaintiff is the son of T.Rex frontman Marc Bolan. hollywoodreporter.com
- First Amendment defender Floyd Abrams warns of threats to free speech in ‘fake news’ era (podcast) The rights to free speech and freedom of the press were guaranteed in the Bill of Rights. But when it was first passed—and for its first hundred or so… abajournal.com
- Snarky, profane ACLU brief supports John Oliver against coal company CEO The American Civil Liberties Union has a message for Murray Energy CEO Bob Murray: “You can’t sue people for being mean to you, Bob.” abajournal.com
- Time Warner Beats Lawsuit Claiming a Pattern of Racial Discrimination at CNN A putative class action is dismissed by a judge who sees “conclusory assertions, rank speculation, confusing statements, and generalized allegations.” hollywoodreporter.com
- Tea Rose, Swiss Cheese: The 9th Circuit Weighs in on Remote Geographic Trademark Users http://ow.ly/W8i330dQeJw
- How Artificial Intelligence Is Changing Storytelling Artificial Intelligence or AI can create dynamic content. Let’s apply best use cases to our work as storytellers. At this year’s Wimbledon Tennis T… huffingtonpost.com
- Spotify Officially Responds to ‘Fake Artist’ Allegations Last week, Spotify got blasted by allegations of manufacturing ‘fake artists’ to avoid paying the real ones. Now, they’re responding to those accusations. digitalmusicnews.com
- New USPTO Rules to Clear “Deadwood” in the Federal Trademark Registry http://ow.ly/XBe330dv3Lz
- WATCH: New Muse Video Created by Artificial Intelligence Muse enlisted some unlikely collaborators for help with their latest project. 1043theshark.radio.com
- Discovery Argues It’s Not Legally Responsible for TV Star’s Social Media Posts The media company finds itself in the middle of a war of words between two reality stars on Facebook. hollywoodreporter.com
- Three Contracts Every Music Producer Should Know http://ow.ly/Nk3x30dp1T2
- Swedish Festival Will Ban All Men ‘Until They Can Behave Themselves’ What’s the solution to the rape epidemic at Swedish music festivals? Here’s one idea: banning all men. But is that unfairly discriminating? digitalmusicnews.com
- The Knight Institute Fights for Free Speech in the Age of Trump and Twitter How much can social media companies control? fortune.com
- How many shots are in the average movie? Last week, I experienced the latest Transformers movie. The constant fast-paced action and frenetic editing got me thinking just how many shots were in that movie. Sadly, I lost count during the… stephenfollows.com
- Warner Bros., Tolkien Estate Settle $80 Million ‘Hobbit’ Lawsuit The five-year battle focused on a decades-old contract and newer exploitations. hollywoodreporter.com
- Artificial intelligence may soon replace our artists as well An A.I. has been developed that can produce novel styles of art, and the human public is giving it the thumbs up. mnn.com