Why Hollywood should be afraid of the iPad (video)

By Eriq Gardner

The technorati may be drooling over the iPad, but you'll forgive the Hollywood elite if they don't line up at the Apple Store to get their hands on this brawny new tablet computer.

In fact, the introduction of this device could interfere with with one of Hollywood's biggest cash cows -- adapting literary works for the big screen.

Hollywood Docket Top 5: Redstone escapes class action; iPod tax; 'Heroes' pirate pride

• CBS chairman Sumner Redstone catches a break as a New York federal judge dismisses a class-action lawsuit against the company and senior executives for allegedly artificially inflating the company's value in order to help Redstone on a loan. [Reuters]

• The European Broadcasting Union, which represents public television and radio providers, is calling for a streamlining of copyright rules so as to more easily clear rights for digital use. [NYT]

• A Canadian lawmaker and former musician has introduced a bill to levy taxes on iPods in exchange for allowing people to move songs from their computers to digital music devices. [Ars Technica]

• A government official in New York is hyping a report showing the economic success of the state's tax credits for film and television production. [THR]

• At SXSW this week, "Heroes" creator Tim King said he's "honored" that his show is the most illegally downloaded TV series. He said he doesn't care if people are watching the show on TV or elsewhere. A curious position, given that the fate of "Heroes" is still uncertain due to low ratings on NBC. [Techdirt] 

BONUS LINK: Oscar winner Kathryn Bigelow reports for jury duty! [TOH]

Oprah defamation case can go to trial

By Eriq Gardner

Whenever we write about Oprah Winfrey litigation, whether it be with poets, flight attendants, physical trainers, or diet pill makers, it's usually with an air of dismissiveness. She's a billionaire media personality and can hire the best lawyers -- who's going to beat her in court?

Larato Mzamane, former headmistress of Winfrey's South Africa-based Leadership Academy of Girls, might have a better-than-usual chance. A jury will soon determine whether Oprah defamed Mzamane.

In 2007, a group of students at Winfrey's school accused dorm parents of sexual abuse. Winfrey was intimately involved with the school and met with Mzamane, who was soon put on administrative leave pending an investigation. At the time, Winfrey released a public statement saying that "(n)othing is more serious or devastating to me than an allegation of misconduct by an adult against any girl at the academy. I will do everything in my power to ensure their safety and well-being."

Hollywood Docket Top 5: FCC broadband plan; pawn shop expose; 'Project Runway' effect

• The FCC might expand its regulatory scope with an ambitious "National Broadband Plan." It seeks to increase access to the Internet but also includes provisions on competition rules, the video set-top market, broadcast spectrums and more. Here's an overview of the plan, and if you have a day to kill, the entire 360-page proposal.

• Charlie Sheen pleaded "not guilty" to domestic violence charges in a Colorado courtroom. [THR] 

• The man who pleaded guilty to stalking ESPN reporter Erin Andrews and secretly shooting nude videos of her was sentenced to more than two years in prison. [ESPN] 

• A pawn shop is suing a NBC TV affiliate in Richmond after its reporters allegedly "exposed" the wrong shop in an undercover expose about melting down gold jewelry. [CNS] 

• This has to be the strangest clip from "Law & Order" we've ever seen. Prosecutors grill a woman on the witness stand about watching "Project Runway Design." [Gawker] 

It's on! Kirby estate sues Marvel; copyrights to Iron Man, Spider-Man at stake

By Eriq Gardner

 The children of comic book icon Jack Kirby have officially sued Marvel to terminate copyrights and gain profits from such lucrative comic creations as Iron Man, X-Men, The Incredible Hulk and Spider-Man.

The suit, filed in U.S. District Court in Los Angeles, follows the September move by the estate to send out 45 notices of termination to Marvel and owner the Walt Disney Co., as well as Sony, Universal, Fox and others, hoping to recapture control of much of Kirby's work. In January, Marvel filed its own lawsuit, claiming the creations were "work-made-for-hire" and that Marvel was the real "author" of such works under the 1909 Copyright Act.

Hollywood Docket Top 5: 'Hurt Locker' tops pirate list; 'Couples Retreat' model sues; Seinfeld slander sequel?

• Fresh off its best picture win at the Oscars, "The Hurt Locker" has become the most pirated movie online. Summit Entertainment, the film's distributor, was unable to significantly increase its theatrical booking last week because of policies by the nation's theaters to not show films already available via DVD. [TorrentFreak]

• An appeals court on Friday upheld current FCC program access rules that require cable firms to make networks they own available to satellite TV and telecom competitors. [THR] 

• A Russian model is suing Universal Pictures for $10 million for using one of her photos in a raunchy scene in the fall hit "Couples Retreat." [Daily News]

• Cookbook author Missy Chase Lapine, who unsuccessfully sued Jerry Seinfeld and his wife for plagiarizing recipes, has filed a new lawsuit against Seinfeld for slandering her during an appearance on the "Late Show With David Letterman." [NYP]

• Nicolas Cage, who has faced financial troubles in recent months, is being sued for defaulting on payments for two Rolls Royce automobiles. [Here's the complaint.]

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Why Letterman's extortionist needs an agent, not a lawyer

Today we're starting a new weekly feature called Crime Time, which will delve deeper into the intersection of showbiz and the criminal courts than we typically go on this blog. For that we've reached out to a new contributor, Russell Wetanson, an entertainment reporter and lawyer who can been seen on TV Guide Network, HLN and E!. A big welcome to Russell.    

By Russell Wetanson

I hate to admit it, but a criminal may need an agent more than he needs a lawyer these days. Before you berate me for saying so, consider the supporting evidence that surfaced this week.

Super Bowl commercial lawsuits keep coming

By Eriq Gardner

For the third time in the last 10 days, a commercial that aired during this year's Super Bowl has prompted a lawsuit.

The latest targets a spot aired by Kia Motors that allegedly rips off a classic funk tune by Dyke & the Blazers called "Let a Woman Be a Woman."

Hollywood Docket Top 5: Wells rips Comcast-NBCU; Phil Spector appeal; law school & 'The Office'

• WGA West president John Wells was harshly critical of the planned Comcast-NBC Uni merger at Congressional hearings yesterday and proposed that the "new media superpower" be required to allocate 25% of primetime programming on its networks to independent providers. [THR]

• At the same hearing, FCC chairman Julius Genachowski talked about recent feuds between broadcasters and cable companies over carriage fees and said the agency is considering new rules to guide negotiations. [LAT]

• Lawyers for music producer Phil Spector filed a 148-page appeal on his second-degree murder conviction, asking an appellate court to throw out the conviction based on judicial error and prosecutorial misconduct. [AP]  

• A concert promoter has filed a lawsuit against R&B superstar Ne-Yo claiming he was given performance and booking fees and failed to perform a concert. [CNS] 

• Did Cornell Law School violate the intellectual property of NBC by featuring a promotion using Andy "The 'Nard Dog" Bernard from the network's "The Office"? [Above the Law] 

Judge tosses copyright claim on Sony's 'God of War'

By Eriq Gardner

Video games are becoming more like movies every day, so it's not surprising to see publishers facing the same kinds of idea theft lawsuits that frequently irritate Hollywood.

Sony Computer Entertainment and game designer David Jaffe have just put one such nuisance to bed after a California federal judge threw out a copyright infringement claim by two individuals who said they conceived the idea behind the game "God of War."

In the lawsuit, Jonathan Bissoon-Dath and Jennifer Dath claimed they submitted two treatments and two screenplays concerning a Spartan attack on Athens and the resulting series of tasks initiated by the Greek Gods to restore peace. The story roughly describes the mythology involved in the founding of the Olympic Games.

How to solve the digital download problem in a flash

Here's another attorney guest post. Schuyler Moore is a well-known film finance lawyer at Stroock and an adjunct professor at UCLA Law School and the UCLA Anderson School of Management. He's now a regular commentator for the print Hollywood Reporter, where this article first appeared.

By Schuyler M. Moore

Oh, what a shame it is that the U.S. is a Third World country -- at least when it comes to Internet download speeds for massive files like movies. 

Hollywood Docket Top 5: Viacom drops clips from Youtube suit; more Lindsay vs. E-Trade baby; Tom Cruise headed back to 'South Park'

• Viacom withdrew 187 video clips from contention yesterday in its copyright infringement lawsuit against YouTube. The removal was on top of the 241 clips that Viacom previously withdrew in October. The company says it decided to pull them to "streamline the issues in the case." More than 63,000 clips remain in contention. [Here's the notice of dismissal (PDF download)]

• The British judicial system works quickly. Just days after Pink Floyd filed a lawsuit against EMI over online sale royalties and the unbundling of album tracks, a U.K. court has ordered EMI to pay $60,000 in costs as an interim payment and has banned the label from selling singles without the band's permission. [BBC] 

• More details on the Lindsay Lohan talking-baby case: Esquire has posted documents from the agency that created the ad, revealing that the character's original name was "Deborah" and that E-Trade almost went with "jail bait" or "tramp" instead of "milkaholic." Meanwhile, Gawker takes a look at the attorney supposedly representing Lohan and concludes the lawsuit may actually have originated with her parents. [Esquire / Gawker]

• The debate is getting much louder over proposed new fees for playing songs on the radio. The National Association of Broadcasters has been on the radio airwaves with a 60-second spot arguing that performance royalties would bankrupt local stations. In response, the RIAA took out this ad in Capitol Hill newspaper Roll Call:

 

• The 200th episode of "South Park" may feature an unauthorized appearance by one of the show's old adversaries. Co-creator Trey Parker reveals what he has in mind: "All the people that are [ticked off] at South Park the town are going to file a class-action lawsuit against the town. So basically it's going to be an all-star, who's who. Tom Cruise and everyone's going to be back." The last time Cruise was featured on the show, it set off a chain of events that led to threatened lawsuits, the hardening of Cruise's relationship with Paramount, and the show being pulled from British airwaves. We can't wait for the 200th. Here's a clip from "South Park" (naturally titled "Go Ahead, Sue Me!").

 

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Will & Jada Pinkett Smith battle with film financier heads to arbitration

By Matthew Belloni

Will and Jada Pinkett Smith's aggressive lawsuit against the financier of her directorial debut will be decided behind closed doors.

Lawyers for the Smiths and Overbrook Entertainment have agreed with attorneys for Tycoon Entertainment and principal David Grasso to move the case to arbitration, avoiding a messy public spat. The parties submitted a stipulation today to Los Angeles Superior Court Judge Edward Ferns, who is expected to sign it.

If Warner Bros. accidentally sent you $1 mil, would you cash the check?

By Matthew Belloni

You get a fat check from a major studio that maybe shouldn't be yours. Do you cash it? David Bergstein would. At least that's what's implied in a lawsuit filed Tuesday in Los Angeles Superior Court.

Warner Bros. has sued Intermedia, the European production company with ties to the embattled film impresario, to recover $1.1 million in profit participations from "Terminator 3: Rise of the Machines" that the studio says it accidentally sent to Intermedia instead of the trust account set up to hold funds from the film.

5 possible reasons why Lindsay Lohan filed that talking-baby lawsuit

By Eriq Gardner

Lindsay Lohan's $100 million lawsuit against E-Trade for airing a commercial that featured a "milkaholic" baby named Lindsay has the town talking (video below).

Here's the actual complaint. 

We'd love to give a counterintuitive post that argues why this lawsuit stands a chance in hell -- but that seems fairly impossible. It's an obvious loser, leading to natural speculation about what prompted the actress to file it.

Possible Explanation 1: Lohan's representatives really think she can win the case. To do so, her lawyer will need to show that E-Trade knowingly traded on her good name and implied a commercial endorsement where there was none. Perhaps something could turn up in the discovery process implicating the ad agency that created the spot, but there may be enough outs for E-Trade even if it's revealed the online brokerage website had Ms. Lohan in mind. 

Nike sues to include Vince Lombardi speech in commercial

By Eriq Gardner

Dead celebrities have become cash cows for their estates. Laws protecting the publicity rights of the deceased have been expanded, and no management firm has benefited more from the trend than CMG Worldwide, representing Elvis, Marilyn Monroe, James Dean, and other late entertainers.

But sometimes, an advertiser's request goes beyond the means of the estate.

Shoemaking giant Nike has filed a lawsuit in Washington Circuit Court against the Estate of famed football coach Vince Lombardi and CMG for breaching a contract.

Hollywood Docket Top 5: Pink Floyd vs. EMI; Joe Walsh vs. Joe Walsh; Music labels vs. 'Ellen'

• Pink Floyd is suing EMI Group over online royalty payments and the sale of single tracks. The lawsuit, filed in London, asks a court to clarify the band's contract with regards to the calculation of online royalties and whether tracks can be unbundled from the wider albums. [Business Week] 

• Former CBS News producer Robert Halderman pleaded guilty yesterday of attempting to extort $2 million from David Letterman. He was sentenced to six months in jail. Previously, Halderman unsuccessfully tried to have the lawsuit dismissed under the claim that he was simply selling Letterman rights to a book or screenplay. [CBS]

• Politician Joe Walsh has removed a campaign video that contained a song by the Eagles band member also named Joe Walsh. We wrote about the funny letter that the attorney for the musician sent to the congressional candidate. Afterward, the political candidate responded with his own letter that tried to be funny, accusing the musician of letting "leftist" Hollywood-think affect enjoyment of a parody. Nevertheless, Walsh, the Republican, seems to have backed down. [Citizen Media Law Project]

• Last September, we reported that several of the biggest record labels were suing producers of "The Ellen DeGeneres Show," claiming the show was violating the copyrights on thousands of song recordings. At least five of those record labels withdrew their claims in court this past week. The rest of the case has been transfered to California District Court for the convenience of the parties, and in particular, Jonathan Norman, who is primarily responsible for the music used on the show.

• Producers of "Iron Cross" are upset that Variety's editorial staff published a negative review of the film after its sales staff sold them on an Oscar promo campaign. [Read the complaint]

Vancouver man files first 'Avatar' rip-off lawsuit

By Eriq Gardner

Well, it finally happened.

James Cameron has been sued for copyright infringement for allegedly stealing source material to create the international blockbuster "Avatar."

Since the first review of the film appeared in December, a popular parlor game has been figuring out exactly who will come out of the woodwork demanding royalties for helping inspire the 3D blockbuster. The makers of "Dances With Wolves"? "Pocahontas"? "Dune"?

Nope, guess again.

Hollywood Docket Top 5: Viacom vs. Google; 'Kill Bill' stolen?; 'Bachelor' battery; Lindsay Lohan is a baby

• A federal judge has given Google and Viacom 10 days to figure out what portions of their recently filed summary judgment motions to keep under seal. Google has been particularly anxious to keep its motion private, leading to objections by observers that there is a First Amendment right of access to court documents. Much of the motions should be public soon, thanks to the latest decision. [All Things Digital/ CNET/ Copyright & Campaigns] 

• Lindsay Lohan is suing E-Trade for $100 million, claiming that a boyfriend-stealing, "milkaholic" baby in its latest commercial was modeled after her. The baby's name was identified as "Lindsay" in the commercial and the actress' lawyer says she deserves the same single-name recognition as Oprah or Madonna. [NY Post]   

• An industry analyst believes that the recent lawsuit by the former heads of the studio that created the "Call of Duty" and "Modern Warfare" video games has the potential to "shape the developer/publisher relationship forever." [Guardian] 

• Quentin Tarantino, Bob and Harvey Weinstein, and Disney are being sued for allegedly ripping off a concept about a man avenging his mother's murder outlined in a script treatment. The plaintiff claims it was used in the creation of "Kill Bill." [Read the complaint (PDF download)]  

• Two paparazzi are suing ABC for battery, false imprisonment and negligence after being manhandled outside the wedding of "The Bachelor" couple Jason Mesnick and Molly Malaney. [Read the complaint]

Oscar Docket: 11th hour deal; acceptance-speech crashing; logo hijacking

By Eriq Gardner

Instead of our usual Hollywood Docket Top 5, today we bring you a special Oscars edition, as last night was a pretty amusing one for lawyers.

The night started out with intrigue as Cablevision pulled WABC from its lineup over a dispute on retransmission fees. As the Academy Awards got under way, lawyers were still negotiating. Eventually, at 8:45 p.m. ET, the parties announced they "had made significant progress and have reached an agreement in principal."

The Oscars had been saved!