Copyright in characters is not a new concept but it can take interesting twists. We saw this recently when litigation over the Netflix movie Enola Holmes raised the question just how far the term of copyright in Sherlock Holmes could be extended. A strictly 2020’s application of the doctrine has emerged recently as comic book
SAG-AFTRA Crafts Agreement for Influencers
While most of us look back on the last twelve months as a horrible dream, Hollywood’s labor unions can actually point to a string of successes. Early in the pandemic, all three of the above-the-line guilds closed new three year deals that among other things included significant increases in residuals for high-budget streaming programs. Just
Blessed Peace Descends Upon the Land as WME Settles with WGA
In what must be counted as a victory for solidarity among WGA members and the often controversial tactics of its executive director David Goodman, the leading agency WME reached a deal for a franchise agreement with the union. This will permit the agency to resume representing writers almost two years after its writer clients fired
“Stranger Things”: Copyright Challenge to Popular Series Survives Motion to Dismiss
In response to a copyright claim that the Netflix series “Stranger Things” infringed the plaintiff’s unpublished screenplays, Netflix and the other defendants filed a Rule 12(b)(6) motion to dismiss, arguing that the works were not substantially similar as a matter of law. In connection with the motion, Netflix submitted – and the Court accepted –
Stories to Watch in 2021
Happy New Year to all. To kick off 2021, I’ve provided quick takes below on some of the bigger stories we’ll be watching
WME v. WGA
Just before Christmas, CAA closed a deal with the Writers Guild regarding phasing out of package commissions and partial divestiture of its ownership of production entities. That left WME
CAA, WME Head Back to Court in WGA Dispute
In my last blog, I expressed cautious optimism that the WGA was making progress in settling its long-running dispute with CAA and WME, the two largest talent agencies and the last two holdouts in signing a franchise agreement that would permit them to represent writers. In April 2019, the WGA directed its members to
Progress in WGA-Agency Talks, but No Breakthrough Yet
In April, 2019 the WGA directed its members to fire their agents unless the agents agreed to adhere to a Code of Conduct that would end the collection of package commissions and strictly limit their ownership stake in production entities. Buoyed by solidarity among its members, the union was successful in obtaining widespread agreement from
WGA Scores Points in Agency Litigation
The battle between the Writers Guild of America and the major agencies has been waged on two fronts for over a year, with mixed results.
Attention recently has focused primarily on the WGA’s pressure campaign to require agencies to sign a Code of Conduct renouncing package commissions and ownership of production companies as a condition
VOD Goes Viral: Universal and AMC Upend Theatrical Release Model
These have been hard times for the movie theater business. Attendance peaked in 2002 at approximately 1.6 billion tickets sold. In 2019, that number had dropped by 25%, to around 1.2 billion. The proliferation of subscription streaming services is not the only force driving this trend, but it is certainly a substantial one. Against this
UTA Ends WGA Packaging Dispute
UTA has just announced that it reached agreement with the Writers Guild to sign a franchise agreement that will permit it to resume representation of writers.
This will bring a partial end to a dispute that has lasted for over a year. The WGA had directed its members to fire their agents over