We recently reported on a lawsuit that the actor Faizon Love brought in November against Universal Pictures. Love was one of the stars of the 2009 movie Couples Retreat, whose overseas publicity campaign aroused controversy when it was discovered that Love, the movie’s only Black star, and his Black female partner had been removed
ViacomCBS Sues Insurer Over COVID Claims
As the COVID-19 pandemic forced widespread postponement and cancellation of film and TV production in 2020, it brought a corresponding explosion of insurance claims by producers. This led inevitably to coverage disputes as carriers sought to deny coverage wherever they could. A recent lawsuit by ViacomCBS illustrates some interesting issues that can arise in these
DOJ Keeps the Music Playing for ASCAP and BMI
On January 15th, the Department of Justice announced it has ended its two-year review of the 80-year old consent decrees that govern the operation of the largest music performing rights organizations in the United States: ASCAP (American Society of Composers, Authors and Publishers) and BMI (Broadcast Music, Inc.). The DOJ decided not to
“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In response to a copyright claim that the Netflix series “Stranger Things” infringed the plaintiff’s unpublished screenplays, Netflix and the other defendants filed a Rule 12(b)(6) motion to dismiss, arguing that the works were not substantially similar as a matter of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 –
Follow Up: Enola Holmes Case Settles, Leaves Unsolved Mysteries
Owners of copyright in characters are often well-advised not to press their claims too far in litigation at the risk of losing their rights altogether. This may be what motivated a quick settlement of litigation over Sherlock Holmes.
In June, 2020, the estate of Sir Arthur Conan Doyle sued Netflix and others over their
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
Universal Faces Racism Charges as Faizon Love Sues over “Couples Retreat” Poster
The 2009 Universal ensemble comedy Couples Retreat sparked controversy when its Black performers were erased from the film’s international marketing. That controversy has come back to life as the film’s co-star Faizon Love has filed suit against Universal alleging that promises that were made to him were not kept.
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
Seventy Years Later, It’s Curtains for Paramount Decrees
Many of us will remember 2020 as the year that the theatrical exhibition business irrevocably changed. Our last blog covered the landmark agreement between Universal Pictures and AMC, the world’s largest theater chain, to reduce the theatrical exhibition window from three months to just over three weeks. Now a New York federal judge has granted
Sherlock Holmes’s Sister Subject of Copyright Infringement Claim
A planned Netflix movie about Sherlock Holmes’s sister is the target of a lawsuit from the estate of Arthur Conan Doyle, the creator of the legendary detective. The estate has asserted both copyright and trademark claims.
The estate will have to walk a narrow path to prevail on its copyright claims. All but the last