Los Angeles, CA – William Saroyan, the Academy Award and Pulitzer Prize winning author and screenwriter, co-wrote “Come On-A My House” with his cousin Ross Bagdasarian, the creator of “Alvin and the Chipmunks.”
https://www.youtube.com/watch?v=x-7otAzrR0I
Saroyan’s son and sole heir, Aram, alleges ownership of fifty percent of the copyright in the song by his 2006 termination – under 17 U.S.C. 304(c) – of an earlier transfer from his father to Continue reading ›
Central District of California – Comic book author Jack Kirby’s heirs are suing Marvel and Disney (complaint available here) to terminate the copyrights in the popular Spider Man, Iron Man, X-Men, The Fantastic Four, The Incredible Hulk, The Avengers, Thor, Nick Fury and Ant-Man comics, which Kirby authored or co-authored between 1958 and 1963. Plaintiffs allege that during this period, Kirby was not an employee of any of Marvel’s predecessors and the works were not a work-for-hire because he was a freelancer without any written agreements. In 1972, Marvel’s predecessor, Magazine Management Co., entered into a written agreement with Kirby whereby the copyrights in Kirby’s works were assigned for additional compensation.
Because the works were created before 1978, Plaintiffs assert that they can terminate the transfer Kirby’s copyrights under 17 U.S.C. § 304(c). Thus, Plaintiffs provided Defendants with termination notices on September 16, 2009. The copyrights are scheduled to revert to the heirs beginning in 2014, which defendants expectedly refute. As a result, Plaintiffs request a declaration from the Court that the termination notices were proper and that the copyright interests will be recaptured. In addition, Plaintiffs ask the Court to determine the split of royalties from co-owned works moving forward. Further, Plaintiffs seek the return of Kirby’s original artwork that is currently in Defendants’ possession. Finally, Plaintiffs assert a Lanham Act cause of action for Defendants’ failure to accredit Kirby as the author or co-author of the underlying works on which X-Men Origins: Wolverine and The Incredible Hulk movies were based. The case is Kirby v. Marvel Entertainment, Inc., SACV10-00289 CJC (C.D. Cal. 2010).
Marvel Entertainment has also sued Kirby’s heirs in the Southern District of New York. Details here.
Los Angeles, CA – Drive-In Music Company sued the musical group “The Heavy,” CBS, NFL and others for copyright infringement. In 1969, Arlester Christian wrote the musical composition entitled “Let a Woman Be a Woman, (and Let a Man Be a Man),” which was registered with the U.S. Copyright Office. All the rights to the song were then assigned to Plaintiff in the same year. Here’s the Plaintiff’s musical composition:
The NFL and CBS became defendants for airing a KIA car commercial incorporating The Heavy’s song during the Super Bowl®. Plaintiff alleges that the infringement is willful and intentional and demands enhanced damages and attorneys’ fees. I will go out on a limb and predict that this case will settle quickly. The case is Drive-In Music Co., Inc. v. CBS Corporation et al., CV10-01783 JFW (C.D. Cal. 2010).
Los Angeles, CA – Celebrity gossip and news website TMZ is being sued by Marc Schaffel Productions for using copyrighted video footage of Michael Jackson’s ex-wife, Debbie Rowe, without authorization. (Here’s a copy of the copyright infringement complaint). Schaffel interviewed Rowe in 2003, portions of which were publicly aired in the same year. On January 31, 2004, the Santa Barbara County Sheriff’s office obtained the entire footage – including confidential, never released outtakes – from Schaffel’s house pursuant to a court order issued in the molestation trial.
On July 20, 2009, after Michael Jackson’s death, TMZ is accused of broadcasting confidential outtakes of the interview with Rowe where she jokes about using sedation to combat stage fright. “Schaffel and Rowe were stunned and distressed that TMZ, in a misguided attempt at gallows humor, broadcast the Confidential Outtakes, attempting to tie a 2003 joke by Rowe about drug use to Mr. Jackson’s tragic 2009 death from a drug overdose.” Four days later, TMZ removed the footage upon Schaffel and Rowe’s request and allegedly identified the Sheriff’s office as the source of the confidential footage. The Sheriff’s office denied the accusation and TMZ then refused to identify the source of the footage: “TMZ asserts that its status as a ‘news’ provider exempts it from respecting copyrights, permits it to broadcast purloined material, and insulates it from liability for lying about sources of illicitly obtained materials.”
Schaffel asserts causes of action for copyright infringement and conversion under California law. The case is F. Marc Schaffel Productions, LLC v. TMZ Productions, Inc. et al., CV10-01306 GHK (C.D. Cal. 2010).
Los Angeles, CA – The District Court granted NBC’s motion for summary judgment of non-infringement in the “My Name Is Earl” copyright infringement lawsuit. (Order available here). Mark Gable filed a copyright infringement lawsuit (details blogged here) claiming that the “My Name Is Earl” television show was based on his copyrighted “Karma!” screenplay. (Details blogged here). Gable complained that he and his girlfriend sent his screenplay to The Gersh Agency in 1995, and that Ken Neisser, one of the Gersh agents who later represented Gergory Garcia, the subsequent creator of Earl, at another agency provided Garcia with a copy of Gable’s screenplay.
To show copyright infringement, Plaintiff had to show Defendants had access to the “Karma!” screenplay and that the works were substantially similar. The Court found that Plaintiff failed to show that Garcia had access to “Karma!”:
In sum, even generously assuming that Plaintiff’s submission of Karma! actually reached Gersh, the record is insufficient to allow a reasonable jury to infer that Garcia had access to Karma. Thus, summary judgment for Defendants is appropriate. Finally, even if the weak evidence of access were sufficient to create a triable issue of fact, Plaintiff would still have to present evidence allowing reasonable minds to conclude that Karma! and Earl are substantially similar.
UPDATE 1/27/2010: Upper Deck settles Yu Gi Oh! counterfeiting case. Details here.
Los Angeles, CA – Despite the Court’s finding that Upper Deck counterfeited Yu Gi Oh! cards (details here) and advising the parties to settle the damages phase through mediation, the jury trial to determine damages has commenced (Court’s calendar is here). If there ever was a case to settle early to avoid damage to a company’s reputation – which reputation and lifeline is founded on authenticating autographs and memorabilia, this would have been it.
The Cult-Stuff provides a chronology of events in the Konami v. Upper Deck Yu Gi Oh! counterfeiting battle here.
UPDATE 1/27/2010: Upper Deck settles Yu Gi Oh! counterfeiting case. Details here.
Los Angeles, CA – Yu Gi Oh! owner Konami sued Upper Deck, its former distributor, for selling counterfeit trading cards. (Details here) After hearing both parties’ motions for summary judgment, the Court found that Konami had “presented evidence to establish every element of liability [for] counterfeit activity and violation of federal unfair competition law, pursuant to the Lanham Act, on the part of the [Upper Deck] Defendants.” (Order available here) The Court also found that Upper Deck was liable for common law trademark infringement and California unfair competition under Business & Professions Code § 17200. On the copyright infringement claim, the Court partially found that Upper Deck infringed the “Reverse Art” copyright, which refers to the text that appears on the back of the trading cards. The statement of undisputed facts is available here.
In another order, available here, the Court ruled in Konami’s favor because the “reproduction and/or manufacture of unauthentic cards does not fall within the ‘Approval’ clause of the 2006 Letter of Intent.” Conversely, the Court denied Upper Deck’s motion to limit its liability. In yet more bad news for Upper Deck, in another order that’s available here, the Court found for Konami on Upper Deck’s counterclaims for breach of contract and slander per se.
Los Angeles, CA – Broadcast Music, Inc. (“BMI”), a music performing rights organization that licenses public performance of over 6.5 million copyrighted songs, sued T-Mobile for copyright infringement over use of songs in ringback tones. A ringback tone is a customer selected song that is heard by a caller instead of a regular ring. The ringback tones are stored on T-Mobile’s servers and are streamed to the caller’s phone. T-Mobile sells its Ringback tone services to its users for $1.49/month and the songs are purchased for $1.99 each. The complaint lists at least fifty-six songs that were allegedly infringed, but contends that the true number could be in the thousands. BMI alleges that despite its demands that T-Mobile cease its infringing conduct, T-Mobile has refused to do so. Thus, BMI demands statutory damages for the willful infringement of each copyrighted song.
With BMI’s prediction that U.S. ringback tone sales surpassed $235 million, it’s not surprising that they’re trying to cash in on that market. Of course, BMI has to avoid Section 110(4) of the Copyright Act that silenced ASCAP’s royalties claim for musical ringtones. The case is Broadcast Music, Inc. et al. v. T-Mobile USA, Inc., CV09-09316 RSWL (C.D. Cal. 2009).
Los Angeles, CA – Randy Stratton’s illustrations are featured in a book entitled “Build This Bong: Instructions and Diagrams for 40 Bongs, Pipes, and Hookahs.” Stratton registered his works with the U.S. Copyright Office. Stratton alleges that Defendant Upper Playground has, without Stratton’s authorization, copied Stratton’s works onto T-shirts sold to the public at large. “Plaintiff has demanded that some or all of the named Defendants cease and desist from all sales and manufacturing of garments incorporating Plaintiff’s copyright work, and cease and desist from printing the copyrighted work without Plaintiff’s consent.” Having allegedly not received a response to his demand that defendants cease their infringing conduct, Plaintiff was forced to file the instant lawsuit accusing defendants of willful and intentional infringement. The case is Randy Stratton V. Upper Playground Enterprises, Inc., CV09-8796 JC (C.D. Cal. 2009).
Los Angeles, CA – Tyler Perry, whose numerous job titles seemingly take up most of the movie trailer (reciting: written by Tyler Perry, directed by Tyler Perry, starring Tyler Perry, produced by Tyler Perry, edited by Tyler Perry, etc.), was sued for copyright infringement by the estate of the late gospel singer Bertha V. James. Plaintiffs allege that James wrote the lyrics for the song “When I Think of the Goodness of Jesus” in 1950, a traditional gospel song, “which was published and copy written (sic.) in 1974 by Elma & Carl’s Publisher, Inc.”
Plaintiffs allege that Tyler Perry “incorporated an entire verse of Plaintiff’s work, willfully without a license within their audiovisual work in a major motion picture feature film entitled ‘Madea Goes to Jail,’ Lionsgate Studios 2008.” Plaintiffs may elect between the profits generated by the defendants or statutory damages under 17 U.S.C. § 504. Plaintiffs also requests that the damages be enhanced because the Defendant’s alleged infringement is willful and intentional. Plaintiffs also seek attorneys’ fees and other costs pursuant to 17 U.S.C. § 505. The case is Estate of Bertha V. The Tyler Perry Company, Inc., et al., CV09-08712 JFW (C.D. Cal. 2009).
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