MEDIA HAS NO RIGHT TO BROADCAST EXECUTION

November 20, 2001

MEDIA HAS NO RIGHT TO BROADCAST EXECUTION

Last June Oklahoma City bomber Timothy McVeigh was executed. The execution was witnessed by reporters and members of the victim’s families. The execution was not transmitted over the Internet, however, despite the requests by several website operators to do so. Entertainment Network and Liveontheweb.com brought suit.

A federal court in Indiana has ruled that the plaintiffs had no right to record or broadcast an execution from within a prison. Entertainment Network, Inc. v. Lappin, 134 F. Supp. 2d 1002, 2001 U.S. Dist. Lexis 5035 (S. D. Ind. 2001).

SONY DENIED INJUNCTION IN REGARD TO ZORRO

November 16, 2001

SONY DENIED INJUNCTION IN REGARD TO ZORRO

Sony was denied its request for an injunction to stop distribution of the syndicated television program “Queen of Swords.” Sony had alleged that the program infringed its copyright and trademark rights to Zorro. Sony had recently produced and distributed the feature film “The Mask of Zorro,” starring Antonio Banderas and Catherine Zeta-Jones.
Zorro is a fictional character originally created by pulp magazine writer Johnson McCulley. Movie rights were sold to Douglas Fairbanks Sr. who starred in a number of Zorro films including the silent film “The Mask of Zorro.” The copyrights to the original magazine story and the movie “The Mask of Zorro” have now expired.

Sony contended that the “Queen of Swords” TV program was similar to its “Mask of Zorro” film. The court disagreed, finding that the two were not similar in regard to the copyright protected aspects of Sony’s Zorro. The case illustrates how difficult it may be to prove infringement when another party creates material based on a public domain story or character. Sony Pictures Entertainment v. Fireworks Entertainment Group, 137 F. Supp. 2d 1177, 2001 U.S. Dist. LEXIS 4549 (C.D. Cal. 2001).

FLICKER MEDIA

Congratulations to our client Flicker Media (www.FlickerMedia.com) on its new internet advertising campaign for Hallmark. Flicker Media provides a new concept in Internet advertising: a targeted streaming ad-delivery system with on-line content and hyperlinks. The company has created ad campaigns for skateboarding magazine Beyond Extreme, as well as for Speedo, Diesel and a “Free Tibet” spot.
You can see the Hallmark Stories Flicker, "Memories" on:
www.scrapbook.com (home page)www.marthastewart.com (all channels except home page)www.iparentingstories.com (home page)Law Offices of Mark Litwak & Associates (www.marklitwak.com)

Upcoming Features on the Independent Film Channel (IFC)

October 29, 2001

Upcoming Features on the Independent Film Channel (IFC)
“The Poor & Hungry," an independent motion picture written and directed by our client Craig Brewer will be shown for the first time on the Independent Film Channel on November 21st. This wonderfully entertaining movie won the top prize for Best Digital Feature at the Hollywood Film Festival where it received rave reviews. It was shown at a number of other festivals and was released theatrically at the Malco Theater in Memphis, Tennessee where it has generated more than twice the receipts of competing films including "The Cell" and "Blood Simple."

"The Poor & Hungry" is a fictional story of a car thief in Memphis who falls in love with one of his victims - a young cellist. The picture features an incredible performance by actress Lindsey Roberts who is also one of our clients.

Also, showing next month on the IFC is “Mugshot” by our client by renowned photographer and illustrator Matt Mahurin. The film shared the top award at the Hampton's International Film Festival.
The Hollywood Reporter said: "Mahurin's feature debut highlights his signature camera work, which gives the effect of a quivering selective focus, granting this part thriller-part identity picture a formal intensity and authority rarely seen in otherwise economically beleaguered independent films." This visually stunning drama is the story of a white photographer whose life is taken over by one of his attackers after an amnesia-inducing mugging.

Invitation to Special Screening

September 7, 2001

Invitation to Special Screening

Last year my client writer/director Craig Brewer completed his film “The Poor & Hungry” a story about a romance between a cello player and a car thief. The picture won the top prize for Best Digital Feature at the recent Hollywood Film Festival. It has received rave reviews and was in limited release at the Malco Theater in Memphis, Tennessee where it generated more than twice the receipts of such films as "The Cell" and "Blood Simple.” The film was also shown at the Austin Film Festival.

Most recently, the picture was shown at the Nashville Film Festival and won the Audience Choice, Independent Spirit and the Regal Cinema Best Feature Awards. The film has been licensed to the Independent Film Channel which will exhibit it nationwide next year.
You are invited to a special screening at the Director’s Guild sponsored by the Tennessee Film and Music Commission on September 13 at 7:00PM. The Director’s Guild is at 7920 Sunset Blvd. There is limited seating so please come early to assure yourself a seat.

To End All Wars Premieres at Telluride Film Festival

September 5, 2001

To End All Wars Premieres at Telluride Film Festival

I have just returned from the Telluride Film Festival with my clients, Director David Cunningham and Producer Jack Hafer, where their compelling film “To End All Wars” was received by enthusiastic audiences. The film is based on an eyewitness account by author Ernest Gordon who was an Allied prisoner of war during WW II forced to build the “Railway of Death” for the Japanese. The picture stars Kiefer Sutherland and Robert Carlyle.
The film will be shown next at the Toronto Film Festival on September 14th (9:00 PM at the Uptown 1 theater) with special appearances by Kiefer Sutherland and Ernest Gordon, and again on September 15 (11:15 AM at the Varsity 4 & 5 theaters). There is also a press screening on September 13th at (9:30 AM). It will also be shown at the upcoming Mill Valley Film Festival on the evening of Oct. 6th. This is a film you do not want to miss. Additional info on the film can be found at www.toendallwars.com. Congratulations David and Jack.

NOT EVEN TOP DIRECTORS ARE IMMUNE TO ACCOUNTING DISPUTES

August 21, 2001

NOT EVEN TOP DIRECTORS ARE IMMUNE TO ACCOUNTING DISPUTES

Independent filmmakers often complain about creative accounting and the failure of distributors to pay them all that they are due. Veteran producers and directors frequently avoid such disputes because they have lawyers and agents to protect their interests, and because they have enough clout to insist on a better definition of profits, and can sometimes even secure a piece of the gross. But even top directors may encounter problems.

According to the Associated Press, Emmy-winning director James Burrows (“Cheers,” “Will & Grace”) is suing Warner Bros. Television for more than $5 million, contending that WB did not pay him his share of profits from the highly rated TV show “Friends.”
Burrows’ complaint alleges that WB promised him five percent of the net profits from “Friends'' and other compensation. According to Burrows, WB told the director that they planned on deducting payments to third parties from Burrows’ share of profits even though there was no explicit provision for such deductions in his agreement.WB declined comment.

HOLLYWOOD FILM FESTIVAL & CONFERENCE

July 25, 2001

HOLLYWOOD FILM FESTIVAL & CONFERENCE

Congratulations to our clients Charles Acosta and Dov Kelemer whose films were invited to screen at the upcoming Hollywood Film Festival.
Producer Charles Acosta’s PENDULUM will screen in the Studio Theater on the Paramount lot on August 4 at 7:00 PM. This picture is a terrific thriller starring Rachel Hunter and James Russo.

Dov Kelemer’s WON’T ANYBODY LISTEN is a documentary that chronicles the lives of a struggling rock band and the brutal realities of the record industry. It screens at the Raleigh Studios, Chaplin Theater at 7:00 PM on August 4.

I am moderating a panel on financing film on August 2 from 10:00 AM to11:45 at the Hollywood Roosevelt Hotel. I am also participating as a speaker on the topic of Documentary Filmmaking for the New Millennium. This panel is also at the Hollywood Roosevelt hotel and will be on August 3rd from 3:00 PM to 4:30 PM.
The Hollywood Film Festival and Conference runs from August 2-6. Additional information can be found at http://hollywoodfestival.com.

Dept. of Commerce Issues Report on Runaway Production

June 4, 2001

Dept. of Commerce Issues Report on Runaway Production

Last year Congress asked the U.S. Dept. of Commerce to study the impact of runaway productions on the U.S. film industry. The report has now been completed and it findings are no big surprise: the number of films shot abroad for economic reasons increased dramatically from 100 films in 1990 to 285 films in 1998, an increase of 185% over eight years.

The report states that there are many reasons that American films are increasingly produced abroad including incentive programs offered by foreign governments. An entire 15 page chapter is devoted to the incentive programs offered by leading destination countries. The reports contains a useful two-page chart detailing the 30 programs offered in Canada.

The report is titled “The Migration of U.S. Film and Television Production: Impact of Runaways on Workers and Small Business in the U.S. Film Industry,U.S. Dept. of Commerce,” and is available at http://www.ita.doc.gov/media/filmreport.htm

Congratulations to Our Clients

With the threat of possible WGA and SAG strikes, many of our filmmaking clients have been rushing to get into production before possible strikes could take place. Congratulations to producer Harvey Kahn who began production of “Pressure.” The feature is a thriller starring Kerr Smith (Dawson’s Creek) and Angela Featherstone, and is directed by our client Richard Gale (“The Proposal”) and written by our clients Gale and Craig Brewer.

Writer/Director Daniel McCarthy has began production on the feature film “Irish Eyes Are Crying” a drama starring Daniel Baldwin. The shoot takes place in New Brunswick, Canada, and is produced by McCarthy and Julian Valdes.Congratulations also to Dennis Fallon who begins production June 4th on “Silence” starring Christine Swanson and Vincent Spano. The shoot takes place in Kansas City, Missouri and is directed by Tom Whit

SELF DEFENSE FOR SCREENWRITERS

March 29, 2001

NEW ARTICLE: SELF DEFENSE FOR SCREENWRITERS

As an entertainment attorney I am often called upon to assist writers who have gotten themselves into trouble because they don’t understand how their work infringes the rights of others. A writer who learns the fine points of the law through trial and error is receiving an expensive education. I have written an article that was recently published by Screentalk Magazine (www.screentalk.org) and is now posted on my website.

TROUBLE FROM PEOPLE PORTRAYED IN YOUR WORK

I. FICTIONAL CHARACTERS

If your script or film contains fictional characters -- characters from your imagination -- you generally do not need to obtain any permissions or releases. However, if there is a chance that the public could mistake your imaginary characters for real people, you could be liable if you have thereby infringed their rights.

You can protect yourself by making sure your fictional characters cannot be mistaken for real people. Give characters unusual names that no living individual would have. Check the phone book to see if any people with your character’s name reside at the location portrayed in your story. If there is a person in that community with the same name or a similar one, consider changing the locale or setting the story in a fictional locale. Add a disclaimer at the beginning of the film stating that any resemblance to persons living or dead is purely coincidental.
To read the rest of the article go to: www.marklitwak.com

TIGER WOODS LOSES TRADEMARK AND RIGHT OF PUBLICITY ACTION AGAINST ARTIST WHO CREATED LIMITED EDITION POSTER DEPICTING HIM

January 8, 2001

TIGER WOODS LOSES TRADEMARK AND RIGHT OF PUBLICITY ACTION AGAINST ARTIST WHO CREATED LIMITED EDITION POSTER DEPICTING HIM

Rick Rush, a sports artist, created a print featuring renowned golfer Tiger Woods. Woods licensing agent, ETW Corp., brought suit to stop distribution of this print.

The court found that ETW had failed to show that it had any trademark rights to the image of Tiger Woods since his image was not used as a mark. While a specific image or photo of a person can function as a trademark if it is consistently used to identify a source of product, this does not mean that any of a variety of different images of a person will each be given protection as a trademark. The court also dismissed the action for violation of right of publicity under Ohio law stating that the artist’s expression was constitutionally protected under the First Amendment.

CHANGES IN EMPLOYMENT OF MINORS
Minor and their parents planning a career in show biz should be aware of some recent changes in California law. As of Jan. 1, 2000, money must be set aside in a blocked account for all children working in the entertainment industry. This includes musicians, actors and those working in non-union productions. In the past this requirement only applied to court-approved contracts. SAG's website contains useful information including the SAG/AFTRA Young Performers Handbook (http://www.sag.org/youngpersons.html). Parents can have their questions answered by calling the SAG Child Actor Hotline.