Monday, April 28, 2003

YAHOO! ACQUITTED OF CRIMINAL VIOLATIONS IN FRANCE

April 28, 2003
In This Newsletter:

MARK LITWAK TO TEACH FILMMAKER SELF-DEFENSE AT UCLA

Mark Litwak will be teaching "Self-Defense for Independent Filmmakers: Protecting Your Legal Rights" on May 3-4, 2003 at UCLA. Mark will teach filmmakers how to anticipate problems before they arise in their negotiations with production and distribution companies. He will also discuss how to create incentives to encourage the companies to live up to their agreements, including performance incentives, default penalties, and arbitration clauses. In the event of an unresolvable dispute, participants learn what remedies are available to enforce their rights.
To register, call 310- 825-9971 or enroll online at: http://www.uclaextension.org/

YAHOO! ACQUITTED OF CRIMINAL VIOLATIONS IN FRANCE

In a case that helps define jurisdiction in suits brought in one country against websites hosted in another country, a Paris court has acquitted Yahoo! of criminal charges of exhibiting and justifying crimes against humanity.

At issue was whether Yahoo could be held criminally liable for hosting websites that sold Nazi memorabilia. These websites were hosted on servers in the United States. French law prohibits “justifying war crimes” and “exhibiting a uniform, insignia or emblem of a person guilty of crimes against humanity.”

A Paris judge ruled that Yahoo did not did not glorify, praise or at least present the crimes in question favorably simply by allowing Nazi memorabilia to be sold from websites it hosted, and therefore acquitted the company.

Yahoo’s French web-hosting service never allowed the violation of French law, and Yahoo now maintains a global policy prohibiting the sale of Nazi memorabilia from websites it hosts.

CHRISTOPHER VOGLER TO LEAD SCREENWRITER’S WORKSHOP

Christopher Vogler, author of The Writer’s Journey: Mythic Structure for Writers, will discuss his latest ideas about myths, movies, and the deep structure of storytelling for the screen during a two-day workshop held May 10 and 11 in Los Angeles.
The workshop will examine new maps of story structure for a changing audience, new concepts for troubleshooting story, character and structure problems, and ways in which to develop literary works and plays into coherent movies with broad appeal.To register visit http://www.hollywoodfilmfestival.com/vogler.

Friday, April 11, 2003

SUPREME COURT TO DECIDE RELATIONSHIP BETWEEN TRADEMARK LAW AND COPYRIGHT LAW

April 11, 2003
In This Newsletter:

SUPREME COURT TO DECIDE RELATIONSHIP BETWEEN TRADEMARK LAW AND COPYRIGHT LAW

An upcoming Supreme Court decision may help clarify the relationship between trademark law and copyright law in situations where a copyright has expired.
A video distributor sold videos of a public domain TV series originally produced by Twentieth Century Fox. The distributor, Dastar, copied a substantial portion of the series and resold it under a new title, without giving Fox credit for creating the series.
Fox claimed that this repackaging misled buyers into thinking that Dastar created the work itself and sued Dastar for reverse passing off, that is, representing that someone else's goods and services are one's own.

Even though Dastar did not show that consumers were confused, a Federal District judge ruled that Dastar had indeed infringed on Fox's copyright through "bodily appropriation" of the video series, and ordered Dastar to pay twice the profits from the sale due to deliberate and willful infringement.

Dastar lost on appeal; however, the Supreme Court determined that the case is worth of closer scrutiny. A decision is expected in July.

Twentieth Century Fox v. Entertainment Distributing, 34 Fed.Appx. 312, 202 U.S.App.LEXIS 7426 (9th Cir. 2002), cert. granted sub. nom., Dastar Corp. v. Twentieth Century Fox, 123 S.Ct. 816, 2003 U.S.LEXIS 554 (2003)

"DUNSMORE" PREMIERES AT BIFF AND METHOD FEST

Congratulations to our clients, Peter Spirer and Michael Andrews. Their film, "Dunsmore," has been selected for screening on April 12 and 15 at the Bermuda International Film Festival and at Method Fest on April 15 and 17 in Burbank, California.
For Bermuda International Film Festival tickets and information, visit the website at:http://www.bermudafilmfest.com/

For Method Fest tickets and information, visit the website at:http://www.methodfest.com/methodfest_2001/index.htm

"LEVITY" OPENS IN L.A. AND NEW YORK

LEVITY, produced by our client Echo Lake Productions, opens in Los Angeles and New York City. The film opened the Sundance Film Festival this January. Levity is directed by Ed Solomon. It stars Billy Bob Thornton, Morgan Freeman, Holly Hunter, and Kirsten Dunst in a story about a murderer seeking closure and redemption for his crime.

In Los Angeles, the film is playing at Laemmle's Monica 4Plex, Laemmle's Sunset 5, Pacific Galleria Stadium 16 in Sherman Oaks, and United Artists Pasadena Marketplace.
In New York, the film is playing at AMC Theatres Empire 25 in Midtown, Loews Cineplex Lincoln Square on the Upper West Side, and UA Union Square 14 in the Flatiron district.To learn more about the film, visit Sony's website:http://www.sonyclassics.com/levity/index-withflash.html