June 10, 2014 Copyright / Intellectual Property, Copyright, and Trademark

SCOTUS Holds Laches no Defense to Copyright Infringement in Raging Bull Case

On May 19, the U.S. Supreme Court revived a copyright lawsuit over the 1980 hit movie “Raging Bull,” a film about the famous boxer Jake LaMotta. The suit was originally brought against MGM Studios by Paula Petrella, the daughter of the now-deceased screenwriter Frank Petrella, but was dismissed by two lower courts who held that Petrella waited too long to sue. The Supreme Court disagreed and re-instated Petrella’s suit.

The original rights to the film were sold to an entity which was later purchased by …

June 10, 2014 Advertising / Copyright / Intellectual Property, Copyright, and Trademark

Beastie Boys Make the Closing Argument against Monster Energy Drink

On June 4, the Beastie Boys’ lawyer Kevin Puvalowski delivered his closing argument in a copyright infringement suit against an energy drink maker Monster. The lawsuit claims that Monster used portions of the band’s songs without a license in its 2012 promotional video.

With the members Michael Diamond or “Mike D” and Adam Horovitz or “Ad-Rock” present in the courtroom, Puvalowski urged the jurors that Monster should pay $2 million in damages for its negligence over its employees “stealing from the Beastie Boys.”

On the …

May 13, 2014 Copyright / Intellectual Property

Tarantino Withdraws IP Lawsuit Against Gawker Over Script Leak

Barely a few weeks ago Pulp Fiction and Django Unchained director Quentin Tarantino filed an amended complaint in his lawsuit against the website Gawker, alleging that the site had committed copyright infringement by allowing a copy of his latest script, The Hateful Eight, to leak on the internet. Now, Tarantino and his lawyers have decided to walk away, voluntarily dismissing the lawsuit.

The controversy began after Gawker posted a downloadable PDF version of Tarantino’s script online. The two-time Oscar winner responded by filing …

March 26, 2014 Copyright / Music

‘Hits of the 80s’ Producer Facing Class Action for Breaking ‘Promises, Promises’ to Consumers

On March 20, 2014, Tutm Entertainment, a media company known for producing music albums such as ‘Hits of the 80s’ and ‘Hits of the 90s,’ was hit with a class action suit in New Jersey federal court. The suit, headed by lead plaintiff Celeste Farrell, is seeking over $5 million in damages for advertising practices Farrell claims constitute consumer fraud.

In particular, Farrel’s filing accused Tutm of releasing albums that appeared to contain the original versions of classic hits such as “Cult of Personality” by …

February 28, 2014 Copyright / TV

Simpson’s Voice Man, Hank Azaria, Wins Copyright Dispute over ‘Funny or Die Video’

Hank Azaria, an actor who provides the voices for several characters on the long-running hit TV show The Simpsons, recently won a California federal court dispute over the copyright to Jim Brockmire, a fictional baseball announcer. The fictional character originally premiered in the 2010 “Funny or Die” film entitled “Jim Brockmire, a Legend in the Booth,” a story about a make believe baseball announcer that loses his cool after discovering that his wife had been cheating on him.

Azaria filed the lawsuit in November …

January 29, 2014 Intellectual Property, Copyright, and Trademark

Judge Nixes Jury Verdict in EA Sports ‘Madden’ Infringement Case

On January 22, 2014, U.S. District Judge Charles Breyer overturned a multi-million dollar jury award against EA sports in a copyright infringement case. The underlying action was originally brought against the video game giant by Robin Antonick, a programmer who was initially given credit and royalties for creating the first edition of ‘Madden Football’ in 1988. Antonick alleged that subsequent versions of the game were created using his own source code, violating copyright infringement laws and entitling him to compensation. A federal jury agreed with …

January 24, 2014 Copyright

The Supreme Court Takes Its Gloves Off For “Raging Bull”

On Tuesday, January 21, the Supreme Court heard oral arguments on a copyright dispute concerning the iconic 1981 boxing movie “Raging Bull.” The Supreme Court was asked to decide whether an heir to the early screenplay for what became the movie “Raging Bull,” can claim copyright infringement against MGM Holdings Inc. (MGM), and Twentieth Century Fox Home Entertainment (20^th Century Fox).

Paula Petrella’s father Frank Petrella wrote Jake LaMotta’s autobiography and contributed to the first draft of the “Raging Bull” screenplay in 1963. Petrella …

Palin Claims “Fair Use” on 9/11 Photo

Former Republican Vice Presidential candidate Sarah Palin continues to make headlines. In September 2013, North Jersey Media Group (NJMG) filed a federal lawsuit against Palin and her political action committee (SarahPAC) for copyright infringement. The suit alleges that Palin posted NJMG’s iconic “WTC Flag Raising Photograph” on Palin’s Facebook page without permission. The photograph, taken by a staff photographer for NJMG, depicts three firefighters raising an American flag over the rubble of the World Trade Center on September 11, 2001. Screen shots from Palin’s Facebook …

Warner Bros. Wins Final Fight for Superman

On November 21, 2013, the Ninth Circuit Court of Appeals affirmed that Warner Brothers is the sole owner of Superman’s copyright. The ruling should be the final legal battle in the lengthy ownership dispute with the estates of Superman’s co-creators. The court described the case as “another chapter in the long-running saga regarding the ownership of copyrights in Superman – a story almost as old as the Man of Steel himself.”

Superman made his debut in 1938 as a character in Action Comics #1. The …

Photographers Want to Capture Their Rights

Seven professional photographers sued the NFL, Getty Images (Getty), and the Associated Press (AP) for violating the photographers’ copyrights. The freelance photographers (plaintiffs) filed the lawsuit in New York federal court on October 21, 2013. The lawsuit claims that the three defendants are liable for copyright infringement, breach of contract, and breach of fiduciary duty. The plaintiffs allege that the NFL failed to receive consent to use plaintiffs’ photos in connection with NFL advertisements, news, promotions, and products.

Freelance photographers regularly license their photos through …