Congratulations to Producer Ben Odell whose film “Padre Nuestro," a Spanish-language immigrant drama set in New York City was awarded the Dramatic Grand Jury Prize, at the 2007 Sundance Film Festival. "Padre Nuestro," centers on immigrants Juan and Pedro who meet en route to New York where Pedro hopes to meet his successful father. Juan, fleeing a criminal past, steals Pedro's belongings and later introduces himself to Pedro's father as his son, hoping to cash in on the father's supposed wealth.
Producer Jon Stern’s film “The Ten,” was acquired for $4.5 million by ThinkFilm and City Lights Home Entertainment. ThinkFilm will handle domestic theatrical distribution while City Lights will release on DVD through Warner’s Music Group’s WEA Corp. The film features Paul Rudd, Winona Ryder, Jessica Alba, Adam Brody, Live Schreiber, Justin Theroux, Gretchen Mol, Oliver Platt and Famke Janssen.
Writer/Director Craig Brewer premiered his film “Black Snake Moan” to an enthusiastic crowd. In attendance were stars Justin Timberlake, Samuel Jackson and Christina Ricci among others. http://www.myspace.com/blacksnakemoanmovie The Paramount film opens in theatres February 23rd. For a review go to: http://www.aintitcool.com/?q=node/30955
Writer/Director Cecilia Miniucchi and Executive Producer Antoni Stutz “Expired” premiered to a packed house and great reviews: Critic Dave Poland says: “Just saw what might well be this Sundance's You, Me & Everyone We Know. It's called Expired and it is a romance of broken people who, in this case, happen to be meter "maids…The film stars Samantha Morton in one of her most daring, near silent, performances. She has no past that we know of. She lives with her mother (a terrific, dramatic mute-because-of-illness performance by Teri Garr). And she is at a standstill, watching the lights of Christmas, working as a meter maid as an odd homage to her dead father, who loved cars.Jason Patric is a meter maid prick of epic proportions.
The Hollywood Reporter said: “A touching and unlikely romance that is no gloss but all heart and brains.” Read full review at: http://www.hollywoodreporter.com/hr/awards_festivals/cannes/reviews/article_display.jsp?&rid=8653.
RISKY BUSINESS SEMINAR COMING TO NEW YORK
Mark will present his "Risky Business: Financing & Distributing Independent Films" seminar for the Volunteer Lawyers for the Arts of New York on April 28, 2007 in Manhattan from 10 AM to 5 PM. Those who attend this comprehensive two-day seminar will learn how independent films are financed and distributed. Topics include organizing your company, raising financing via pre-sales, debt and limited partnerships, negotiating tactics, principal terms of the acquisition/distribution agreement, cross-collateralization and creative accounting. Particular attention is paid to how producers and filmmakers can protect their interests by watering down warranties, getting added to the E& O policy, using lab access letter to retain possession of the negative, and utilizing termination and arbitration clauses.
The seminar will be held at One New York Plaza. Six hours of CLE credits are available for lawyers. For additional information or to register call Jonathan Tominar at VLA: 212.319.2787 x10. http://www.vlany.org/education/workshops.php
MARK LITWAK VOTED SUPER LAWYER FOR 2007
For the second year in a row, Mark Litwak has been named a Southern California Super Lawyer by the publishers of Law & Politics and Los Angeles Magazine.
Law & Politics mails ballots to 48,000 active lawyers in Southern California who have been in practice for five years or more. The ballot asks lawyers to nominate the best attorneys they’ve personally observed in action. The secret ballots are then tallied, and a blue ribbon panel of top attorneys then reviews those with the greatest number of votes. A background check is conducted to verify information about each nominee and to check for any disciplinary actions.
A copy of the magazine is mailed to all lawyers and the magazine is also distributed as a supplement in Los Angeles Magazine. Super Lawyers are also listed on line at http://www.superlawyers.com/
Friday, February 09, 2007
Saturday, January 27, 2007
F-word is Indecent according to the FCC
The FCC received several complaints from organizations and individual viewers of Fox Network’s broadcast of “The 2003 Billboard Music Awards.” The indecent material complained of stemmed from remarks made by Nicole Richie to co-host Paris Hilton, where she said “f***ing.” Fox conceded to using the word but also contended that the use was not “pandering, titillating or shocking” and was not actionably indecent.
The Commission defines indecent speech as material that, in context, depicts or describes sexual or excretory activities or organs in terms patently offensive as measured by contemporary community standards for the broadcast medium.
The Commission decided that Ms. Richie’s use of the F-word, although not describing excretory activities, still fell within the scope of indecency because using the word for emphasis or as an intensifier has long been found an indecent use. The word carries with it an implied sexual connotation and therefore will always fall within the definition of “indecent.”
In the Matter of Complaints
Regarding Various Television Broadcasts
FCC 06-166 (Nov. 2006)
http://hraunfoss.fcc.gov/edocs_public/
attachmatch/FCC-06-166A1.pdf
U.S. District Court for the Central District of California grants Plaintiffs’ motion for summary judgment against Defendant, StreamCast.
The Plaintiffs were a group of record companies, movie studios and music publishers. Defendant, StreamCast, was found liable for the infringement committed by its users on the basis of the inducement doctrine.
The Inducement Doctrine provides that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.
An unlawful objective to promote infringement can be shown by a variety of means. The classic instance of inducement is by advertisement or solicitation that broadcasts a message designed to stimulate others to commit violations.
The court found that evidence of Defendant’s objective of promoting infringement was overwhelming and that no reasonable fact finder could conclude that Defendant provided services and distributed a software program without the intent to induce infringement.
Metro-Goldwyn-Mayer Studios, Inx. v. Grokster, Ltd.
2006 WL 2806882
The Commission defines indecent speech as material that, in context, depicts or describes sexual or excretory activities or organs in terms patently offensive as measured by contemporary community standards for the broadcast medium.
The Commission decided that Ms. Richie’s use of the F-word, although not describing excretory activities, still fell within the scope of indecency because using the word for emphasis or as an intensifier has long been found an indecent use. The word carries with it an implied sexual connotation and therefore will always fall within the definition of “indecent.”
In the Matter of Complaints
Regarding Various Television Broadcasts
FCC 06-166 (Nov. 2006)
http://hraunfoss.fcc.gov/edocs_public/
attachmatch/FCC-06-166A1.pdf
U.S. District Court for the Central District of California grants Plaintiffs’ motion for summary judgment against Defendant, StreamCast.
The Plaintiffs were a group of record companies, movie studios and music publishers. Defendant, StreamCast, was found liable for the infringement committed by its users on the basis of the inducement doctrine.
The Inducement Doctrine provides that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.
An unlawful objective to promote infringement can be shown by a variety of means. The classic instance of inducement is by advertisement or solicitation that broadcasts a message designed to stimulate others to commit violations.
The court found that evidence of Defendant’s objective of promoting infringement was overwhelming and that no reasonable fact finder could conclude that Defendant provided services and distributed a software program without the intent to induce infringement.
Metro-Goldwyn-Mayer Studios, Inx. v. Grokster, Ltd.
2006 WL 2806882
Wednesday, January 03, 2007
History Channel’s Airing of “Beyond the Da Vinci Code” Did Not Defame Member of the Catholic Church
In December of 2005, The History Channel aired a program entitled, “Beyond the Da Vinci Code,” (“Program”) which explored the theories set forth in Dan Brown’s novel, The Da Vinci Code. Shortly after the program aired, Walter Viola brought an action against A&E and its officers on behalf of the Roman Catholic Church and the Roman Catholic faithful alleging defamation and violations of the Communications Decency Act (“CDA”), the Child Online Protection Act (“COPA”) and the Racketeer Influenced and Corrupt Organization Act (“RICO”).
The District Court for the Western District of Pennsylvania granted Defendant’s motion to dismiss on the basis of Plaintiff’s failure to state a claim as a matter of law.
As to the defamation claim, the court found that Plaintiff failed to allege that he was personally defamed or that his reputation or ability to associate with third persons was harmed as a result of A&E airing the Program. Furthermore, the court did not find that Plaintiff established the requisite standing to bring suit on behalf of the Roman Catholic Church and its numerous members around the world.
With regards to both claims under the CDA and COPA, the court agreed that the statutes imposed criminal liability for certain activities, however, did not find that these statutes allowed enforcement by a private individual as Plaintiff had asserted in this case.
Finally, the court held that Plaintiff failed to plead sufficient facts to state a RICO violation. More specifically, Plaintiff’s complaint involved a single airing of the Program and that was insufficient to establish a “pattern” of racketeering as is defined by the statute.
Viola v. A & E Television Networks, 433 F.Supp.2d 613 (2006) (See also http://www.entertainmentlawreporter.com)
Republishing Defamatory Statements on the Internet is Protected Under the Communications Decency Act
Dr. Stephen J. Barrett and Dr. Terry Polevoy brought suit against Ilena Rosenthal for libel by maliciously distributing defamatory statements in e-mails and Internet postings on her website. Plaintiffs’ website was used to expose health fraud and Defendant allegedly republished several messages impugning their character and competence even after she was warned that the messages contained false and defamatory information.
The Court of Appeal vacated the trial court’s motion to strike under the anti-strategic lawsuit against public participation statute (Code Civ. Proc. § 425.16), as applied to one Plaintiff, holding that 47 U.S.C. § 230 applied to Defendant as a “distributor” under the common law of defamation.
The Supreme Court of California reversed the judgment of the Court of Appeal holding that § 230 prohibits “distributor” liability for Internet publications and that section (c)(1) of the Act immunizes individual users of interactive computer services and that no line can be drawn between active and passive use.
The Court stressed the fact that the holding of the Court of Appeals would cause a heavy burden on and tend to chill Internet speech.
Barrett v. Rosenthal, 40 Cal.4th 33 (2006) (See also http://www.courtinfo.ca.gov/
opinions/documents/S122953.PDF)
The District Court for the Western District of Pennsylvania granted Defendant’s motion to dismiss on the basis of Plaintiff’s failure to state a claim as a matter of law.
As to the defamation claim, the court found that Plaintiff failed to allege that he was personally defamed or that his reputation or ability to associate with third persons was harmed as a result of A&E airing the Program. Furthermore, the court did not find that Plaintiff established the requisite standing to bring suit on behalf of the Roman Catholic Church and its numerous members around the world.
With regards to both claims under the CDA and COPA, the court agreed that the statutes imposed criminal liability for certain activities, however, did not find that these statutes allowed enforcement by a private individual as Plaintiff had asserted in this case.
Finally, the court held that Plaintiff failed to plead sufficient facts to state a RICO violation. More specifically, Plaintiff’s complaint involved a single airing of the Program and that was insufficient to establish a “pattern” of racketeering as is defined by the statute.
Viola v. A & E Television Networks, 433 F.Supp.2d 613 (2006) (See also http://www.entertainmentlawreporter.com)
Republishing Defamatory Statements on the Internet is Protected Under the Communications Decency Act
Dr. Stephen J. Barrett and Dr. Terry Polevoy brought suit against Ilena Rosenthal for libel by maliciously distributing defamatory statements in e-mails and Internet postings on her website. Plaintiffs’ website was used to expose health fraud and Defendant allegedly republished several messages impugning their character and competence even after she was warned that the messages contained false and defamatory information.
The Court of Appeal vacated the trial court’s motion to strike under the anti-strategic lawsuit against public participation statute (Code Civ. Proc. § 425.16), as applied to one Plaintiff, holding that 47 U.S.C. § 230 applied to Defendant as a “distributor” under the common law of defamation.
The Supreme Court of California reversed the judgment of the Court of Appeal holding that § 230 prohibits “distributor” liability for Internet publications and that section (c)(1) of the Act immunizes individual users of interactive computer services and that no line can be drawn between active and passive use.
The Court stressed the fact that the holding of the Court of Appeals would cause a heavy burden on and tend to chill Internet speech.
Barrett v. Rosenthal, 40 Cal.4th 33 (2006) (See also http://www.courtinfo.ca.gov/
opinions/documents/S122953.PDF)
Thursday, November 30, 2006
CONGRATULATIONS TO OUR SUNDANCE FILMMAKERS
The line up for the 2007 Sundance Film Festival has been announced and we are pleased that seven of our clients have had their films selected:
Writer/Director Craig Brewer whose film “Hustle & Flow” was a big hit at Sundance two years ago, returns with “Black Snake Moan” starring Samuel Jackson, Justin Timberlake and Christina Ricci. Desire is a burning sickness for Rae, while making her the white-trash sexual target of every man and boy in her small Tennessee town. When her true love leaves for military service, Rae plunges into wild excess. Beaten and left for dead, she is taken in by a reformed bluesman, a private self-contained black man who nurses a deep anger of his own and who is fiercely committed to his task of keeping her alive. World Premiere.
“The Ten” produced by Jon Stern is comprised of ten stories, each inspired by one of The Ten Commandments, that illustrate the perils of modern life via extreme comedy. World Premiere.
“Padre Nuestro” produced by Ben Odell will be shown in Dramatic Competition. Fleeing a criminal past, Juan hops a truck transporting illegal immigrants from Mexico to New York City, where he meets Pedro, who is seeking his rich father. World Premiere.
“Expired” / U.S.A. by Director and Screenwriter Cecilia Miniucchi and producer Anthony Stutz: When a lonely, gentle meter maid meets a troubled fellow parking officer, their love affair becomes an awkward dance of attraction and antagonism. World Premiere.
“Fido” / Canada by Producers Blake Corbett and Mary Anne Waterhouse will be shown in the Park City at Midnight section. This zombie dog movie is about a six-foot tall zombie named Fido who eats the next-door neighbor. It is a boy-and-his-dog movie for grown ups.The film will be distributed by Lion’s Gate. Park City at Midnight . U.S Premiere.
THE TONIGHT SHOW” INTERVIEW WITH GOVERNOR SCHWARZENEGGER DOES NOT VIOLATE EQUAL TIME PROVISIONS.
According to the FCC, the Jay Leno's interview with California Governor Arnold Schwarzenegger on the "Tonight Show" was exempt from the equal time rule because it was a bona fide news segment. A FCC complaint was filed by the Angelides for Governor Campaign on behalf of Phil Angelides, the Democratic candidate for Governor of California, against eleven television stations. The Angelides campaign alleged that he was entitled to equal opportunities from the stations pursuant to Section 315 of the Communications Act of 1934. If a station allows a legally qualified candidate for public office to use a broadcast station, it must afford equal opportunities to other such candidates for that office to use its facilities. But there is an exception to this rule: appearances by legally qualified candidates on bona fide news programs.
While the Tonight Show is clearly more of an entertainment oriented program, than a typical newscast, it often airs newsworthy interviews. When adopting these exemptions, Congress indicated that, to qualify as a bona fide news interview program, a program must be regularly scheduled; the content, format, and participants must be determined by the licensee; and the determination that programming is a bona fide news interview must have been made by the station “in the exercise of its bona fide news judgment and not for the political advantage of the candidate for political office.”
Although Congress did not define “news” when adopting these exemptions, the Commission has found that interviews with elected officials and candidates for elected office are newsworthy subject matter. The FCC concluded that the interview segments of “The Tonight Show with Jay Leno” qualify for the bona fide news interview exemption and are therefore exempt from equal opportunities. In the Matter of Equal Opportunities Complaint Filed by Angelides for Governor Campaign, Federal Communications Commission Order (Oct. 26, 2006) http://www.fcc.gov/mb/
Writer/Director Craig Brewer whose film “Hustle & Flow” was a big hit at Sundance two years ago, returns with “Black Snake Moan” starring Samuel Jackson, Justin Timberlake and Christina Ricci. Desire is a burning sickness for Rae, while making her the white-trash sexual target of every man and boy in her small Tennessee town. When her true love leaves for military service, Rae plunges into wild excess. Beaten and left for dead, she is taken in by a reformed bluesman, a private self-contained black man who nurses a deep anger of his own and who is fiercely committed to his task of keeping her alive. World Premiere.
“The Ten” produced by Jon Stern is comprised of ten stories, each inspired by one of The Ten Commandments, that illustrate the perils of modern life via extreme comedy. World Premiere.
“Padre Nuestro” produced by Ben Odell will be shown in Dramatic Competition. Fleeing a criminal past, Juan hops a truck transporting illegal immigrants from Mexico to New York City, where he meets Pedro, who is seeking his rich father. World Premiere.
“Expired” / U.S.A. by Director and Screenwriter Cecilia Miniucchi and producer Anthony Stutz: When a lonely, gentle meter maid meets a troubled fellow parking officer, their love affair becomes an awkward dance of attraction and antagonism. World Premiere.
“Fido” / Canada by Producers Blake Corbett and Mary Anne Waterhouse will be shown in the Park City at Midnight section. This zombie dog movie is about a six-foot tall zombie named Fido who eats the next-door neighbor. It is a boy-and-his-dog movie for grown ups.The film will be distributed by Lion’s Gate. Park City at Midnight . U.S Premiere.
THE TONIGHT SHOW” INTERVIEW WITH GOVERNOR SCHWARZENEGGER DOES NOT VIOLATE EQUAL TIME PROVISIONS.
According to the FCC, the Jay Leno's interview with California Governor Arnold Schwarzenegger on the "Tonight Show" was exempt from the equal time rule because it was a bona fide news segment. A FCC complaint was filed by the Angelides for Governor Campaign on behalf of Phil Angelides, the Democratic candidate for Governor of California, against eleven television stations. The Angelides campaign alleged that he was entitled to equal opportunities from the stations pursuant to Section 315 of the Communications Act of 1934. If a station allows a legally qualified candidate for public office to use a broadcast station, it must afford equal opportunities to other such candidates for that office to use its facilities. But there is an exception to this rule: appearances by legally qualified candidates on bona fide news programs.
While the Tonight Show is clearly more of an entertainment oriented program, than a typical newscast, it often airs newsworthy interviews. When adopting these exemptions, Congress indicated that, to qualify as a bona fide news interview program, a program must be regularly scheduled; the content, format, and participants must be determined by the licensee; and the determination that programming is a bona fide news interview must have been made by the station “in the exercise of its bona fide news judgment and not for the political advantage of the candidate for political office.”
Although Congress did not define “news” when adopting these exemptions, the Commission has found that interviews with elected officials and candidates for elected office are newsworthy subject matter. The FCC concluded that the interview segments of “The Tonight Show with Jay Leno” qualify for the bona fide news interview exemption and are therefore exempt from equal opportunities. In the Matter of Equal Opportunities Complaint Filed by Angelides for Governor Campaign, Federal Communications Commission Order (Oct. 26, 2006) http://www.fcc.gov/mb/
Tuesday, September 26, 2006
MARK LITWAK’S UPCOMING SPEAKING ENGAGEMENTS
UCLA, Risky Business. October 28 and 29.
All day Saturday, half day Sunday. X 403.22 Management, Reg# S2964U
This comprehensive seminar explores how independent films are financed and distributed. Topics include organizing your company, raising financing via pre-sales, debt and limited partnerships, negotiating tactics, principal terms of the acquisition/distribution agreement, cross-collateralization and creative accounting. How filmmakers can protect their interest by watering down warranties, getting added to the E & O policy, using lab access letters to retain possession of the negatives, and utilizing termination and arbitration clauses. Other topics include:
- Criteria for selection of a distributor
- Collaborations and co-productions
- Building interest with film festivals
- How distributors evaluate a film
- Orchestrating the release of your film
- Compliance with security laws when seeking investors
Registration and General Information
(310) 825-9971 or (818) 784-7006
http://www.uclaextension.edu/
University of Hawaii at Manoa, Honolulu, Hawaii. November 18 & 19.
Saturday, Self Defense for Writers and Filmmakers. Sunday, Financing and Distributing Independent Features. Call 808-956-8400 to register. More info:
http://www.outreach.hawaii.edu/pnm/programs/2006/EVENT-L08602.asp
http://www.outreach.hawaii.edu/pnm/programs/2006/EVENT-L08607.asp
Film Business & Law Seminar, California Lawyers for the Arts at Loyola Law School. September 30, 2006.
Mark will give the keynote address on finding distribution for independent films. Seminar is on Saturday from 9 AM to 4 PM. Fee includes breakfast and seminar handbook. Lawyers can obtain MCLE credit. To enroll call (310) 998-5590.
FTX West Film & Television Expo, Vancouver, Canada, October 12-15.
This Trade Show and Conference will be held in the world-class Vancouver Convention & Exhibition Centre and consist of 106 booths and over 65 exhibitors from across North America. There will be an estimated 5000 attendees expected during the event, gathering from across North America to see the latest and greatest technologies in the film, television and gaming industries. Mark will be teaching several classes:
Risky Business, Part 1, Financing 1 – 3 PM, and Risky Business Part 2, Distribution, 5:30 to 7:30 PM. October 13, 2006. See description below.
Self Defense for Writer's & Filmmakers, 9 to 1 PM, October 14, 2006. Writers and filmmakers need to understand their legal rights and how to defend themselves from those who may seek to exploit them. Production companies and distributors often know all the tricks of the trade, while writers and filmmakers know little about how to protect themselves. This seminar explains how writers and filmmakers can prevent problems from arising by properly securing underlying rights, and by encouraging the other party to live up to agreements by adding performance incentives, default penalties and arbitration clauses. In the event of a dispute, participants learn what remedies are available to enforce their rights. Related topics include creative approvals, typical compensation and terms of studio contracts, merchandising deals, and negotiat-ing tactics and strategies. The seminar includes more than 100 pages of useful contracts, checklists, forms and materials.
http://www.ftxwest.com/pages/fms/fms.html
RETIREMENT LIVING CABLE CHANNEL LAUNCHED
Congratulations to our client The Retirement Living Network on their launch. The channel is available M-F from 12-4pm in over 1,500 communities served by Comcast Mid-Atlantic and New England.
Retirement Living has programs on health, lifestyle, finance, and politics including: The Daily Apple explores the important wellness issues. The Art of Living celebrates ordinary people from around the country who are living extraordinary lives doing what they love to do. The Prudent Advisor informs viewers how to get the most for your money, in everything from health care to travel deals to beauty aids. The Informed Citizen recognizes that retirees are the most active citizens when it comes to involvement in the political process. Healthline is a thirty-minute health and medical program equips you with the tools you need to take better control of your own health care. http://www.rl.tv/OurShows.aspx?channel=6
EL CORTEZ THEATRICAL RELEASE
Congratulations to our client Stephen Purvis, whose film EL CORTEZ opens in NY and LA, followed by exclusive engagements in each city.
New York
Harlem International Film Festival - World Premiere
"El Cortez" Red Carpet: 7pm Thursday, October 5, 2006
at AMC Magic Johnson Theatre at 125th & Frederick Douglass Blvd. (8th Ave.)
www.harlemfilmfestival.com
EXCLUSIVE ENGAGEMENT - Opens Friday, October 6, 2006
QUAD CINEMA
34 West 13th Street, New York, NY 10011
212-255-8800
www.quadcinemas.com
Los Angeles
ACT TODAY! (Autism Care & Treatment Today!) BENEFIT Premiere
6pm Saturday, October 14, 2006
Pacific Design Center - SilverScreen Theatre
8687 Melrose Ave., West Hollywood, CA 90069
www.act-today.org
EXCLUSIVE ENGAGEMENT - Opens Friday, October 20, 2006
LAEMMLE'S MUSIC HALL THEATRE
9036 Wilshire Blvd., Beverly Hills, CA 90211
310-274-6869
http://www.laemmle.com/viewtheatre.php?thid=4
You can view a trailer at www.elcortezthemovie.com
All day Saturday, half day Sunday. X 403.22 Management, Reg# S2964U
This comprehensive seminar explores how independent films are financed and distributed. Topics include organizing your company, raising financing via pre-sales, debt and limited partnerships, negotiating tactics, principal terms of the acquisition/distribution agreement, cross-collateralization and creative accounting. How filmmakers can protect their interest by watering down warranties, getting added to the E & O policy, using lab access letters to retain possession of the negatives, and utilizing termination and arbitration clauses. Other topics include:
- Criteria for selection of a distributor
- Collaborations and co-productions
- Building interest with film festivals
- How distributors evaluate a film
- Orchestrating the release of your film
- Compliance with security laws when seeking investors
Registration and General Information
(310) 825-9971 or (818) 784-7006
http://www.uclaextension.edu/
University of Hawaii at Manoa, Honolulu, Hawaii. November 18 & 19.
Saturday, Self Defense for Writers and Filmmakers. Sunday, Financing and Distributing Independent Features. Call 808-956-8400 to register. More info:
http://www.outreach.hawaii.edu/pnm/programs/2006/EVENT-L08602.asp
http://www.outreach.hawaii.edu/pnm/programs/2006/EVENT-L08607.asp
Film Business & Law Seminar, California Lawyers for the Arts at Loyola Law School. September 30, 2006.
Mark will give the keynote address on finding distribution for independent films. Seminar is on Saturday from 9 AM to 4 PM. Fee includes breakfast and seminar handbook. Lawyers can obtain MCLE credit. To enroll call (310) 998-5590.
FTX West Film & Television Expo, Vancouver, Canada, October 12-15.
This Trade Show and Conference will be held in the world-class Vancouver Convention & Exhibition Centre and consist of 106 booths and over 65 exhibitors from across North America. There will be an estimated 5000 attendees expected during the event, gathering from across North America to see the latest and greatest technologies in the film, television and gaming industries. Mark will be teaching several classes:
Risky Business, Part 1, Financing 1 – 3 PM, and Risky Business Part 2, Distribution, 5:30 to 7:30 PM. October 13, 2006. See description below.
Self Defense for Writer's & Filmmakers, 9 to 1 PM, October 14, 2006. Writers and filmmakers need to understand their legal rights and how to defend themselves from those who may seek to exploit them. Production companies and distributors often know all the tricks of the trade, while writers and filmmakers know little about how to protect themselves. This seminar explains how writers and filmmakers can prevent problems from arising by properly securing underlying rights, and by encouraging the other party to live up to agreements by adding performance incentives, default penalties and arbitration clauses. In the event of a dispute, participants learn what remedies are available to enforce their rights. Related topics include creative approvals, typical compensation and terms of studio contracts, merchandising deals, and negotiat-ing tactics and strategies. The seminar includes more than 100 pages of useful contracts, checklists, forms and materials.
http://www.ftxwest.com/pages/fms/fms.html
RETIREMENT LIVING CABLE CHANNEL LAUNCHED
Congratulations to our client The Retirement Living Network on their launch. The channel is available M-F from 12-4pm in over 1,500 communities served by Comcast Mid-Atlantic and New England.
Retirement Living has programs on health, lifestyle, finance, and politics including: The Daily Apple explores the important wellness issues. The Art of Living celebrates ordinary people from around the country who are living extraordinary lives doing what they love to do. The Prudent Advisor informs viewers how to get the most for your money, in everything from health care to travel deals to beauty aids. The Informed Citizen recognizes that retirees are the most active citizens when it comes to involvement in the political process. Healthline is a thirty-minute health and medical program equips you with the tools you need to take better control of your own health care. http://www.rl.tv/OurShows.aspx?channel=6
EL CORTEZ THEATRICAL RELEASE
Congratulations to our client Stephen Purvis, whose film EL CORTEZ opens in NY and LA, followed by exclusive engagements in each city.
New York
Harlem International Film Festival - World Premiere
"El Cortez" Red Carpet: 7pm Thursday, October 5, 2006
at AMC Magic Johnson Theatre at 125th & Frederick Douglass Blvd. (8th Ave.)
www.harlemfilmfestival.com
EXCLUSIVE ENGAGEMENT - Opens Friday, October 6, 2006
QUAD CINEMA
34 West 13th Street, New York, NY 10011
212-255-8800
www.quadcinemas.com
Los Angeles
ACT TODAY! (Autism Care & Treatment Today!) BENEFIT Premiere
6pm Saturday, October 14, 2006
Pacific Design Center - SilverScreen Theatre
8687 Melrose Ave., West Hollywood, CA 90069
www.act-today.org
EXCLUSIVE ENGAGEMENT - Opens Friday, October 20, 2006
LAEMMLE'S MUSIC HALL THEATRE
9036 Wilshire Blvd., Beverly Hills, CA 90211
310-274-6869
http://www.laemmle.com/viewtheatre.php?thid=4
You can view a trailer at www.elcortezthemovie.com
Sunday, September 24, 2006
Screenwriter loses implied contract suit against Miramax
Miramax has prevailed in an implied contract case filed by screenwriter Jeff Grosso concerning the Miramax movie “Rounders” which Grasso claimed copied ideas from his script.
The case was first dismissed when a federal District Court ruled that Grosso’s contract claim was preempted by federal copyright law. But this decision was overturned by a federal Court of Appeals which held that an implied contract claim is not preempted.
The California Superior Court granted summary judgment to Miramax on the grounds that Grosso did not submit the script to Miramax to Gotham Entertainment Group which was not a defendant in the lawsuit.
The court rejected Grosso’s claim based on a “First Look/Last Matching Right” deal between Gotham and Miramax.
Grosso v. Miramax Film Corp., Case No. BC215947 (Cal. Super. Ct. 2006) (read case at www.EntertainmentLawReporter.com/decisions/Grosso_v_Miramax.pdf)
ROMEO AND JULIET THEATRICAL RELEASE
Congratulations to our client Phil Nibbelink whose animated family film, Romeo & Juliet: Sealed with a Kiss opens on October 27, 2006 on numerous screens. In the Los Angeles region the film will be shown at such theaters as AMC Burbank 16, Beverly Center 13 Cinemas, Culver Plaza 6, Magic Johnson Crenshaw 15, Mann's Plant 16, Regal Valencia Stadium 12, UA La Canada 8, Civic Center Stadium 16, and the AMC Ontario Mills 30. The film will be shown on 5 different screens in SAN DIEGO and 5 screens in SAN FRANCISCO.
The picture is being released by Indican Pictures. Additional information and the trailer can be viewed at: http://www.indicanpictures.com/noTrailer.htm
“Romeo & Juliet: Sealed with a Kiss” is a fantasy about two star crossed seals from warring families that fall in love against their parents’ wishes. When Juliet’s father gives her hand in marriage to the monstrous elephant seal Prince, Juliet must fake her death in order to be reunited with Romeo. But the plan goes afoul and it’s a desperate race to the end. With the help of their friends Friar Lawrence and Kissy, the kissing fish, the young lovers are reunited with a happy ending. The picture was written, directed and animated by Phil Nibbelink who has been a writer, director and animator on numerous films including The Fox and the Hound, The Black Cauldron, The Great Mouse Detective, Oliver & Company, Who Framed Roger Rabbit?, Casper and An American Tail-Fievel Goes West.
The case was first dismissed when a federal District Court ruled that Grosso’s contract claim was preempted by federal copyright law. But this decision was overturned by a federal Court of Appeals which held that an implied contract claim is not preempted.
The California Superior Court granted summary judgment to Miramax on the grounds that Grosso did not submit the script to Miramax to Gotham Entertainment Group which was not a defendant in the lawsuit.
The court rejected Grosso’s claim based on a “First Look/Last Matching Right” deal between Gotham and Miramax.
Grosso v. Miramax Film Corp., Case No. BC215947 (Cal. Super. Ct. 2006) (read case at www.EntertainmentLawReporter.com/decisions/Grosso_v_Miramax.pdf)
ROMEO AND JULIET THEATRICAL RELEASE
Congratulations to our client Phil Nibbelink whose animated family film, Romeo & Juliet: Sealed with a Kiss opens on October 27, 2006 on numerous screens. In the Los Angeles region the film will be shown at such theaters as AMC Burbank 16, Beverly Center 13 Cinemas, Culver Plaza 6, Magic Johnson Crenshaw 15, Mann's Plant 16, Regal Valencia Stadium 12, UA La Canada 8, Civic Center Stadium 16, and the AMC Ontario Mills 30. The film will be shown on 5 different screens in SAN DIEGO and 5 screens in SAN FRANCISCO.
The picture is being released by Indican Pictures. Additional information and the trailer can be viewed at: http://www.indicanpictures.com/noTrailer.htm
“Romeo & Juliet: Sealed with a Kiss” is a fantasy about two star crossed seals from warring families that fall in love against their parents’ wishes. When Juliet’s father gives her hand in marriage to the monstrous elephant seal Prince, Juliet must fake her death in order to be reunited with Romeo. But the plan goes afoul and it’s a desperate race to the end. With the help of their friends Friar Lawrence and Kissy, the kissing fish, the young lovers are reunited with a happy ending. The picture was written, directed and animated by Phil Nibbelink who has been a writer, director and animator on numerous films including The Fox and the Hound, The Black Cauldron, The Great Mouse Detective, Oliver & Company, Who Framed Roger Rabbit?, Casper and An American Tail-Fievel Goes West.
Wednesday, August 30, 2006
Congress passes the Broadcast Decency Enforcement Act of 2005
Congress has amended the Federal Communications Act, in response to the super bowl “wardrobe malfunction” of Janet Jackson that caused such controversy.
Congress amplified the penalties for “indecent” broadcasts to $325,000 per violation up to a ceiling of $3 million “for any single act.” Penalties are assessed by the FCC. Previously, the most the FCC was empowered to assess for indecent broadcasts was $32,500 per violation.
Broadcast Decency Enforcement Act of 2005, P.L. 109-235 (2006), available at http://thomas.loc.gov
Video-gamer Blizzard Entertainment and Blizzard Records do not infringe one another’s trademarks.
Blizzard Entertainment and Blizzard Records can both employ the “Blizzard” trademark; even though they are not related companies and both market recorded music.
The case concerned which company first used the “Blizzard” mark for the sale of music. Blizzard Records began using the mark in 1986 – predating Blizzard Entertainment use. The court found that the record company had abandoned the mark in 1987 and didn’t begin using it again until 1999.
The Blizzard Entertainment computer game company registered the “Blizzard” mark in 1994, but only for computer and video games. However, in 1995, the computer company began selling recordings of the music from its game soundtracks, using the “Blizzard” mark.
Since Blizzard Entertainment used the mark for music before Blizzard Records did, Blizzard Entertainment’s use of the mark did not violate any trademark rights of Blizzard Records.
And Blizzard Records’ use of the mark to sell music did not infringe Blizzard Entertainment’s trademark rights because Blizzard Entertainment introduced evidence that its customers were not likely to be confused about the source of recordings bearing the mark.
Mele v. Davidson & Associates, Inc., 2006 WL 1644693, 2006 U.S.Dist.LEXIS 39054 (W.D.N.Y. 2006)
The Path To 9/11 Premieres On ABC September 10 & 11.
Congratulations to our client David Cunningham who directed the multi part film –on the events leading up to 9/11. It is told from the CIA, FBI, White House and terrorists perspective and based upon the 9/11 Commission Report.
It stars Harvey Keitel, Patricia Heaton, Donnie Whalberg and a top notch cast of 250 actors from 14 countries. It was filmed in Toronto, Morocco, New York, Washington D.C., and one of only a few films ever to be allowed to film at the CIA headquarters at Langley.
Time Magazine says: " Fast paced and shot with handheld cameras, 'Path' plays like a somber, dysfunctional '24,' with all the grit. Executive producer Marc Platt hired director David L. Cunningham a documentary veteran, to give the movie a verite look, without emotional tricks like zooming in on fraught moments. …The last few minutes—inside the planes, the towers and the conference rooms on 9/11—are tastefully handled, though no less chilling. But they're beside the point. What matters is what happened before and what happened—and didn't afterward. An epilogue notes the commission's report card, issued last December, which found that most of its recommendations—securing weapons of mass destruction, delegating antiterrorism funds by risk—have been carried out badly or not at all. That endnote is the scariest thing in the miniseries."
http://abc.go.com/movies/thepathto911/index.html
Congress amplified the penalties for “indecent” broadcasts to $325,000 per violation up to a ceiling of $3 million “for any single act.” Penalties are assessed by the FCC. Previously, the most the FCC was empowered to assess for indecent broadcasts was $32,500 per violation.
Broadcast Decency Enforcement Act of 2005, P.L. 109-235 (2006), available at http://thomas.loc.gov
Video-gamer Blizzard Entertainment and Blizzard Records do not infringe one another’s trademarks.
Blizzard Entertainment and Blizzard Records can both employ the “Blizzard” trademark; even though they are not related companies and both market recorded music.
The case concerned which company first used the “Blizzard” mark for the sale of music. Blizzard Records began using the mark in 1986 – predating Blizzard Entertainment use. The court found that the record company had abandoned the mark in 1987 and didn’t begin using it again until 1999.
The Blizzard Entertainment computer game company registered the “Blizzard” mark in 1994, but only for computer and video games. However, in 1995, the computer company began selling recordings of the music from its game soundtracks, using the “Blizzard” mark.
Since Blizzard Entertainment used the mark for music before Blizzard Records did, Blizzard Entertainment’s use of the mark did not violate any trademark rights of Blizzard Records.
And Blizzard Records’ use of the mark to sell music did not infringe Blizzard Entertainment’s trademark rights because Blizzard Entertainment introduced evidence that its customers were not likely to be confused about the source of recordings bearing the mark.
Mele v. Davidson & Associates, Inc., 2006 WL 1644693, 2006 U.S.Dist.LEXIS 39054 (W.D.N.Y. 2006)
The Path To 9/11 Premieres On ABC September 10 & 11.
Congratulations to our client David Cunningham who directed the multi part film –on the events leading up to 9/11. It is told from the CIA, FBI, White House and terrorists perspective and based upon the 9/11 Commission Report.
It stars Harvey Keitel, Patricia Heaton, Donnie Whalberg and a top notch cast of 250 actors from 14 countries. It was filmed in Toronto, Morocco, New York, Washington D.C., and one of only a few films ever to be allowed to film at the CIA headquarters at Langley.
Time Magazine says: " Fast paced and shot with handheld cameras, 'Path' plays like a somber, dysfunctional '24,' with all the grit. Executive producer Marc Platt hired director David L. Cunningham a documentary veteran, to give the movie a verite look, without emotional tricks like zooming in on fraught moments. …The last few minutes—inside the planes, the towers and the conference rooms on 9/11—are tastefully handled, though no less chilling. But they're beside the point. What matters is what happened before and what happened—and didn't afterward. An epilogue notes the commission's report card, issued last December, which found that most of its recommendations—securing weapons of mass destruction, delegating antiterrorism funds by risk—have been carried out badly or not at all. That endnote is the scariest thing in the miniseries."
http://abc.go.com/movies/thepathto911/index.html
Tuesday, July 25, 2006
EMI SETTLES PAYOLA DISPUTE WITH NEW YORK ATTORNEY GENERAL
New York State Attorney General Eliot Spitzer office had investigated and found that EMI (which includes Virgin Records and Capitol Records), had illegally provided financial benefits to obtain airplay by giving radio station employees concert tickets, hotel and airfare and other benefits. EMI had allegedly used independent promoters to make the payments which benefited such artists as the Rolling Stones, Coldplay and Norah Jones.
As part of the settlement, EMI agreed to end its practice of paying radio stations or their employees for airplay. It also agreed to stop using independent promoters for this purpose. Moreover, the company agreed to hire a compliance officer to monitor the company’s promotion practices, and agreed to pay $3.75 million to New York State not-for-profit entities to fund music education and appreciation programs.
The Attorney General’s investigation of payola in the music industry resulted in earlier settlements with Sony BMG, Warner and Universal.
The settlement agreement is available on the Internet http://www.oag.state.ny.us/press/2006/jun/EMI%20Settlement.pdf.
FIDO TO PREMIERE AT TORONTO
Congratulations to our clients Blake Corbett and Mary Anne Waterhouse whose film “Fido” will premiere at this fall’s Toronto International Film Festival. The feature will be the opening film of Canada First! Section. This zombie dog movie is about a six-foot tall zombie named Fido who eats the next-door neighbor. It is a boy-and-his-dog movie for grown ups, "FIDO" will rip your heart out. The film will be distributed by Lion’s Gate.
New York State Attorney General Eliot Spitzer office had investigated and found that EMI (which includes Virgin Records and Capitol Records), had illegally provided financial benefits to obtain airplay by giving radio station employees concert tickets, hotel and airfare and other benefits. EMI had allegedly used independent promoters to make the payments which benefited such artists as the Rolling Stones, Coldplay and Norah Jones.
As part of the settlement, EMI agreed to end its practice of paying radio stations or their employees for airplay. It also agreed to stop using independent promoters for this purpose. Moreover, the company agreed to hire a compliance officer to monitor the company’s promotion practices, and agreed to pay $3.75 million to New York State not-for-profit entities to fund music education and appreciation programs.
The Attorney General’s investigation of payola in the music industry resulted in earlier settlements with Sony BMG, Warner and Universal.
The settlement agreement is available on the Internet http://www.oag.state.ny.us/press/2006/jun/EMI%20Settlement.pdf.
FIDO TO PREMIERE AT TORONTO
Congratulations to our clients Blake Corbett and Mary Anne Waterhouse whose film “Fido” will premiere at this fall’s Toronto International Film Festival. The feature will be the opening film of Canada First! Section. This zombie dog movie is about a six-foot tall zombie named Fido who eats the next-door neighbor. It is a boy-and-his-dog movie for grown ups, "FIDO" will rip your heart out. The film will be distributed by Lion’s Gate.
Tuesday, May 09, 2006
Visionscape Interactive Wins Arbitration Award
We are pleased to have won a 1.199 million dollar award for our client software developer Visionscape Interactive, Inc. (VSI) which is based in San Diego. Mark Litwak represented VSI in a three day AAA arbitration hearing in Phoenix, Arizona in March. The award was against Oteeva, Inc., a videogame publisher, and several affiliated parties.
The arbitrator found that Oteeva, breached its agreement VSI when it defaulted by not making a milestone payment due VSI. Oteeva also defaulted on its obligations by misleading VSI to think that Oteeva had begun the process of obtaining approval from Sony for a videogame designed for the PS2 platform, and by engaging in a variety of fraudulent practices and business dealings including misrepresenting to other publishers that it had the rights to the game after its rights had been terminated.
VSI is a respected software developer that has worked with Sony Computer Entertainment of America, Sony Online, various divisions of Sony, Electronic Arts, Sega, Activision, Atari, Crave, THQ, Interplay, and Microsoft.
Arizona and New Mexico Adopt Tax Incentives
Arizona offers filmmakers a credit against income taxes. To qualify, at least 25% of the filmmaker’s employees need to be Arizona residents. The requirement will increase to 35% in 2007, and 50% in 2008.
A motion picture production company is eligible for incentives upon compliance with requirements in A.R.S. §41-1517 if it is primarily engaged in the business of producing motion pictures, has an office and bank account in Arizona, invests at least $250,000 in qualifying production costs, employs the required percentage of Arizona residents and is not obscene, does not depict sexual activity or sexually exploit a minor.
Additional information can be found at: http://www.commerce.state.az.us/finance/motionpic.asp
New Mexico offers producers a 25% film production tax rebate on all production expenditures (including labor) that are subject to taxation by the State of New Mexico. This is a refund, not a credit. The state also offers a 0% loan for up to $15 million per project, (which can represent 100% of the budget) for qualifying feature films or television projects. Terms are negotiated and budget must be at least $1 million.
Additional information at: http://www.nmfilm.com/filming/incentives/
USA Cable’s Sherlock Holmes TV Movie Did Not Infringe Copyright
USA has been vindicated in a copyright and trademark suit brought against it by Pannonia Farms, Inc. Pannonia claimed ownership of the Sherlock Holmes and Watson Characters originally created by Sir Arthur Canon Doyle. Pannonia Farms, Inc. v. USA Cable, 426 F. 3d 650 (2nd Cir. 2005).
.
The arbitrator found that Oteeva, breached its agreement VSI when it defaulted by not making a milestone payment due VSI. Oteeva also defaulted on its obligations by misleading VSI to think that Oteeva had begun the process of obtaining approval from Sony for a videogame designed for the PS2 platform, and by engaging in a variety of fraudulent practices and business dealings including misrepresenting to other publishers that it had the rights to the game after its rights had been terminated.
VSI is a respected software developer that has worked with Sony Computer Entertainment of America, Sony Online, various divisions of Sony, Electronic Arts, Sega, Activision, Atari, Crave, THQ, Interplay, and Microsoft.
Arizona and New Mexico Adopt Tax Incentives
Arizona offers filmmakers a credit against income taxes. To qualify, at least 25% of the filmmaker’s employees need to be Arizona residents. The requirement will increase to 35% in 2007, and 50% in 2008.
A motion picture production company is eligible for incentives upon compliance with requirements in A.R.S. §41-1517 if it is primarily engaged in the business of producing motion pictures, has an office and bank account in Arizona, invests at least $250,000 in qualifying production costs, employs the required percentage of Arizona residents and is not obscene, does not depict sexual activity or sexually exploit a minor.
Additional information can be found at: http://www.commerce.state.az.us/finance/motionpic.asp
New Mexico offers producers a 25% film production tax rebate on all production expenditures (including labor) that are subject to taxation by the State of New Mexico. This is a refund, not a credit. The state also offers a 0% loan for up to $15 million per project, (which can represent 100% of the budget) for qualifying feature films or television projects. Terms are negotiated and budget must be at least $1 million.
Additional information at: http://www.nmfilm.com/filming/incentives/
USA Cable’s Sherlock Holmes TV Movie Did Not Infringe Copyright
USA has been vindicated in a copyright and trademark suit brought against it by Pannonia Farms, Inc. Pannonia claimed ownership of the Sherlock Holmes and Watson Characters originally created by Sir Arthur Canon Doyle. Pannonia Farms, Inc. v. USA Cable, 426 F. 3d 650 (2nd Cir. 2005).
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INTERNET DOWNLOADS OF MOVIES BEGUN
Internet movie services Movielink and rival CinemaNow have begun to provide permanent downloads of movies from major studios on the same day the titles are released on DVD.
Movielink offers titles from Universal, Warner Bros., MGM, Sony, 20th Century Fox and Paramount. Sony, MGM and Lionsgate offer their titles through CinemaNow.
Downloads will cost about the same as the price of a DVD with older releases selling at a reduced price.
Movielink and CinemaNow beat out Apple, Amazon and Google to become the first to offer permanent digital downloads in the U.S.
Movielink’s service includes recent releases such as Pride & Prejudice, King Kong and Rent. CinemaNow will launch with 75 films from Sony and MGM, including Memoirs of a Geisha, Bad Boys 2 and Easy Rider
With Movielink, users can transfer download copies to two other computers and burn a backup copy on a DVD. But the DVD will only be playable on a computer and not on a set-top DVD player.
Both services use Microsoft Window’s digital rights management technology.
NEW CONTRACT WEBSITE LAUNCHED
Perfectlylegalforms.com is a new website with an extensive library of entertainment contracts that can be immediately downloaded, edited and used. Template contracts are sent over the internet in Word, RTF and PDF formats. The product comes with a 100% money back guarantee. Go to: www.perfectlylegalforms.com
Movielink offers titles from Universal, Warner Bros., MGM, Sony, 20th Century Fox and Paramount. Sony, MGM and Lionsgate offer their titles through CinemaNow.
Downloads will cost about the same as the price of a DVD with older releases selling at a reduced price.
Movielink and CinemaNow beat out Apple, Amazon and Google to become the first to offer permanent digital downloads in the U.S.
Movielink’s service includes recent releases such as Pride & Prejudice, King Kong and Rent. CinemaNow will launch with 75 films from Sony and MGM, including Memoirs of a Geisha, Bad Boys 2 and Easy Rider
With Movielink, users can transfer download copies to two other computers and burn a backup copy on a DVD. But the DVD will only be playable on a computer and not on a set-top DVD player.
Both services use Microsoft Window’s digital rights management technology.
NEW CONTRACT WEBSITE LAUNCHED
Perfectlylegalforms.com is a new website with an extensive library of entertainment contracts that can be immediately downloaded, edited and used. Template contracts are sent over the internet in Word, RTF and PDF formats. The product comes with a 100% money back guarantee. Go to: www.perfectlylegalforms.com
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