Playboy learns the hard way not to let lawyers pose nude

By Eriq Gardner

A magazine column titled "Lawyer of Love" couldn't possibly last. Sadly, the affair between Chicago attorney Corri Fetman and Playboy Enterprises has ended--appropriately, perhaps--with a lawsuit. 

Fetman has filed a $4.5 million lawsuit against Playboy alleging that Thomas Hagopian, an executive in the digital branch of the company, bombarded her with sexually explicit e-mails and phone calls, groped her, and killed her "Lawyer of Love" column when she rebuffed his advances.

The complaint was filed in Illinois civic court.

Fetman posed nude for Playboy in the February 2008 issue, which included a feature story on her. Later, Hagopian approached Fetman about writing an advice column, and he allegedly told her that he had the ability to "make her a star."

We can't say we're shocked this relationship ended in litigation. But it raises an interesting issue about what level of conduct is acceptable in a work environment like Playboy.

A few years ago, a former assistant on the show "Friends" filed a sexual harassment complaint against producers, and the case made it all the way up to the California Supreme Court. In that case, the Supreme Court determined that there should be some leeway in the lewd and crude behavior used in the production of bawdy entertainment.

"Friends" isn't nearly as explicit as Playboy, but the writers room on a sitcom is arguably a forum in which creative exchange is more necessary than the offices of a magazine, however racy. It will be interesting to see whether Playboy and Hagopian try to justify a little naughty, off-color behavior in the operations of an adult empire.

Actor Ken Wahl accuses SAG, business manager of being wiseguys

By Eriq Gardner  

Remember Ken Wahl, the good-looking actor who shot to fame as Vinnie Terranova on the TV show "Wiseguy" in the late 1980s and was named the sexiest man on television in 1989 by Us Magazine? 

By 1994, Wahl had dropped off the radar as a result of breaking his neck after falling down a staircase. He hasn't acted since 1996, and is now apparently destitute.

Wahl has now re-emerged with a couple targets to blame for his troubles. He has filed a lawsuit in Los Angeles Superior Court against former business manager Henry Levine and the Screen Actors Guild.

"Unbeknownst to the average person, many celebrities, particularly the young ones, are so emotionally dependent upon their managers that they are not even able to make appointments to doctors without their manager's approval," says the complaint. "Such was the nature of the dependent relationship between Plaintiff and Defendant Levine." 

According to the complaint, Wahl has mismanaged his personal life and career in numerous ways, starting with the breakup with his former wife. He alleges that Levine had a secret business manager relationship with her, advised him to use an attorney who had a conflict, and counseled him to be as generous to her and his son as possible, including a $7,000 per month alimony that went to things like plastic surgery, vacations, massages and boyfriends. 

Wahl also accuses Levine of embarrassing him in the press by saying he exaggerated his neck injury, discouraged him from going to the doctor, and embezzling $500,000 in insurance money that was supposed to go to the actor. Wahl also says Levine refused to permit him to apply for SAG pension benefits.

Wahl later ran into trouble with the IRS over pension benefits.

Now, Wahl accuses SAG of being aware that Hollywood studios were derelict in not paying amounts owed into pension funds. He estimates that $1 million was wrongfully taken from him. 

Google: Viacom's own employees uploaded videos on YouTube

By Eriq Gardner

Remember that massive copyright lawsuit Viacom filed against Google over video uploads on YouTube?

Still going. Justicia has recently uploaded a number of discovery motions and documents entered into the record in the $1 billion case.

One thing in particular caught our eye: On February 27, Google's legal team introduced into evidence an internal e-mail that seems to make a shocking charge -- that Viacom has sent DMCA takedowns on material its own employees have uploaded. 

Here's an e-mail from one Google employee to another that expresses a bit of confusion about what to do with a DMCA takedown notice received on "SpongeBob SquarePants" episodes on the website:

Hello,

We received a DMCA from Viacom with a request for the removal of 19 Spongbob URLs. However, when I looked them up, they were uploaded by joe.ruffalo at nick.com and are marked Premium. Before I noticed, I took down the two links, but immediately reinstated them so they should stay up. Still, Mark probably received two email notifications that we took down a video, just fyi.

Any suggestions on what to do in this case? Perhaps we can reach out to the partner and have them get in touch with their copyright team?

For reference, I've pasted the DMCA request below.

Thanks,

Sarah Kate

Google/YouTube are claiming that they can't be expected to do a perfect policing job if even Viacom gets confused on these matters. Google wants more information from a piracy protection company that Viacom has hired. A bit of gamesmanship that should explain why the pre-trial phase is taking so long and some of the legal battles happening behind the scenes. 

Others, including lawyers at Facebook, should pay attention because a lot of very good questions are being asked about a website's duties under the DMCA to police for infringement. 

Courtney Love becomes first celebrity sued for Twitter defamation

By Eriq Gardner

Yes, we've heard that Twitter has become popular with celebrities. And people pretending to be celebrities. Sometimes it's hard to figure out who's who.

Shaquille O'Neal? Yup, his Twitter account is real. That's him.

50 Cent? Not exactly. The rapper hired a guy to tweet for him.

Britney Spears? She's got a whole cadre tweeting for her. So not really.

Christopher Walken? Imposter!

Courtney Love? Oh boy is that her.

In fact, Love just won the distinction of being the first celebrity sued for tweeting.

In Los Angeles Superior Court, clothes designer Dawn Simorangkir, also known as Boudoir Queen, is suing Love for defamation, invasion of privacy and infliction of emotional distress for "an extensive rant" on Twitter about how she was billed for custom clothing. 

It's hard to be extensive when one is limited to just 140 characters. But if anybody can do it, it's Love, who allegedly wrote things like "oi vey don't fuck with my wardrobe or you will end up in a circle of corched eaeth hunted til your dead." (Here's Love's twitter feed again so don't blame us for the spelling.)

"Whether caused by a drug induced psychosis, a warped understanding of reality, or the belief that her money and fame allow her to disregard the law, Love has embarked [o]n what is nothing short of an obsessive and delusional crusade to terrorize and destroy Simorangkir, Simorangkir's reputation and her livelihood," says the complaint.

We'll see about that. Looks like Love was mostly stating her opinion. Regardless, the bigger question is how courts will evaluate comments made via casual yet powerful media like Twitter? Debate has circulated about message board posts, but in a forum where people "follow" each other's informal idea drops, many of which aren't very well-considered, Twitter seems to be even more tricky domain.

This probably isn't the last case we'll see against a high-profile twitterer. Which got us thinking: Has Shaq tweeted about Kobe lately?

New York's $1 million billboard

By Eriq Gardner

A couple weeks ago we discussed the billboard near the 405 Freeway in Los Angeles that's a subject of dispute between Sony Pictures and 20th Century Fox.

At $487,500 for six months of rental, one might be tempted to call the billboard space the entertainment industry's most illustrious, expensive outdoor advertising spot.

Well, at least that's what folks in LA might lead you to believe.

Over in New York City, there's a gigantic billboard near a building at Astor Place that has be utilized by the Fox show, "King of the Hill" and the Turner Cartoon Network.

Six months of rental there will run an advertiser like Time Warner $30,000.

That might not seem like much compared to the billboard near the 405, but New York has other ways to make the billboard space ungodly expensive. According to The Daily News, the city's buildings department has issued more than 70 violations on the billboard thanks to the city's very strict zoning laws. Total cost? $955,000.

 

Rights squabble clouds Weinsteins' John Lennon biopic

By Eriq Gardner

All you need is love?

"Nowhere Boy," the planned biopic on John Lennon's early life, might be looking for a little affection after a skirmish has apparently broken out over rights to the film's source material.

The Weinstein Co.-distributed film, which is being directed by Sam Taylor-Wood and stars Kristin Scott Thomas and Aaron Johnson, is said to be based on the biography "Imagine This: Growing Up With My Brother John Lennon," written by his sister, Julia Baird.

Previously, Baird wrote another John Lennon book with Geoffrey Guliano, who now claims that a lot of the research for "Imagine This" came from his own studies.

According to a story posted on Contact Music, Guliano is now threatening to sue Baird, claiming he's entitled to 50% of her earnings from the picture.

"More than half the material in the book is a result of my research," Guliano told the website. "Additional information in 'Imagine This' was uncovered by me in my original research. I was the person who conceptualised the original book."

It's unclear whether any lawsuit has been filed, or even if the claim would impact production or distribution of the film. But it sounds like it could become a volatile situation, especially if the Weinstein Co. gets involved. Litigation tends to find the Weinsteins. The company is already knee-deep in litigation over the move of "Project Runway" from Bravo to Lifetime, as well as the ongoing fight over distribution rights to Sundance hit "Precious" (formerly "Push").

The comedian, the model, and the filthiest lawsuit ever filed

By Eriq Gardner

Today's THR tries to make some sense of all the Anthony Pellicano-related civil litigation, including a new case filed last week by talent lawyer John LaViolette against producer Andrew Stevens.

One particular case in the piece caught our eye. We're a bit behind on this, but a Los Angeles County Superior Court judge recently unsealed a lawsuit brought by Hungarian model Monika Zsibrita against comedian Chris Rock. 

And oh what a doozy of a complaint it is. These are mere accusations, and Rock has repeatedly denied Zsibrita's accounts of their relationship, but the complaint accuses Rock (in detail after uncomfortable detail, we might add) of raping the model and describes the fallout: Zsibrita became pregnant and demanded a paternity test. Rock allegedly refused, hired private investigator Pellicano, and ultimately Rock and Zsibrita signed a confidentiality agreement to keep the whole sordid affair secret.

Then in 2004, Rock appeared on the Howard Stern radio show and described how Zsibrita had been used as part of a paternity scam by a Nigerian hustler. Rock also discussed Zsibrita when he took the stand in the federal trial against Pellicano when he described why he hired the private investigator. (During the trial, tapes of Pellicano talking with Rock about Zsibrita also came to light.) 

Zsibrita wasn't thrilled to be dissed publicly by Rock, so she filed the lawsuit last summer alleging breach of a written confidentiality agreement. The complaint was filed as "Jane Doe v. John Doe," because, as her attorney Neville Johnson told the LA Times last month, "she did not want to run afoul of the confidentiality agreement."

Now, thanks to Rock's public comments, all bets are off. Zsibrita filed a motion to unseal the lawsuit, and the  LAT spilled many of the details of the case when the judge granted the request.

But not all.

For instance, it's known that Rock originally met Zsibrita at the Four Seasons hotel in Beverly Hills. Some newspaper reports and blog accounts have reported about a "one-night stand." Others, like the Times, acknowledged two dates are alleged to have occurred. But the complaint alleges that Rock attempted to force Zsibrita to perform oral sex on him on that first date, and yet she still agreed to go out with him on a second. That's when the alleged rape occurred.

We won't go into the sordid details--suffice it to say there are discussions of Kleenexes saved, condoms used or not used, and blood tests taken. There are also repeated excerpts from Rock's conversations with Pellicano, which should interest those that follow the PI's case. If you're so inclined, you can read the full complaint here--though we certainly want to stress that Rock has never been charged with a crime and has denied that a rape ever occurred.

'Project Runway' season in peril as lawyers argue injunction appeal

By Eriq Gardner

It's been a while since we last checked in with the battle over the fate of "Project Runway."

The last major development was New York State Judge Richard B. Lowe III granting NBC Universal's request of a preliminary injunction preventing "Runway's" announced move from Bravo to Lifetime. Afterwards, Lifetime intervened in the case and filed suit against NBC Universal, Bravo, and producer The Weinstein Co. claiming rights and alleging breach of contract.

Predictably, things stalled at that point, as "Runway" fans were teased with reports that producers taped the finale on February 20th at a Bryant Park fashion show and had the season ready to air--if the court ever gives them the chance.

Now, we've been told that the lawyers involved in the case — including heavies David Boies for TWC and Orin Snyder for NBC Universal — were back in court last week to argue an appeal of Judge Lowe's injunction. The decision could be forthcoming soon, and we'll continue to follow any new developments.

An opinion by the Manhattan Appellate Division could pave the way for the show's return. If the injunction is lifted, Lifetime will be free to show the unaired season (and presumably any subsequent seasons until a ruling on the merits of the case is issued). More likely, if the injunction is upheld, the news could provide an incentive for the parties to get together and work out a settlement.

Back in November, the two sides said they were not negotiating with each other and were preparing to bring the case to trial. However, when push comes to shove, major court decisions tend to spur settlement talks. Witness what happened in the recent case between Fox and Warner Bros. over "Watchmen," which settled after an unfavorable ruling for Warners and on the eve of a judge's decision about preventing the release.

Or look at what happened in the two-year, multimillion-dollar legal fight between two branches of the TV Academy over awards for broadband content. After the lawsuits, an injunction, and the denial of an appeal, New York-based National Academy of Television Arts & Sciences and Los Angeles-based Academy of Television Arts & Sciences were able to come together on a truce. 

Who was the judge in the Emmys case? None other than Richard B. Lowe, the "Runway" judge. Will there be a twist of judicial fate or a settlement this time? As the poster above says, everyone's on pins and needles, and we'll continue to watch to see if the executives, lawyers, and judges can make it happen.

Go ahead and put Coldplay on your MySpace page

By Eriq Gardner

Allowing users on social network sites like Facebook and MySpace to embed music into their profiles was a fast-growing business until some of the major record labels started shouting about copyright infringement and demands to be paid royalties.

Now one of the popular embed music services, Project Playlist, is climbing itself out of a litigation ditch by making some crafty deals. After finding some respectability by hiring former Facebook executive Owen Van Natta as its CEO in November, the company signed a license agreement with Sony BMG the following month. Still, Project Playlist faced lawsuits by Warner, EMI, and UMG and had its widgets banned by Facebook and MySpace.

Now, Project Playlist has announced it has settled with one of the plaintiffs, EMI, allowing EMI artists like Coldplay and the White Stripes to be embedded by the some 10.4 million Playlist fans. Figuring out a way to monetize the embedding of music is another story. Competitor Last.FM has struggled with this, announcing yesterday that it would be charging subscriptions to international users.

Meanwhile, in other Facebook news, the company has hired a former ACLU privacy lawyer, Timothy Sparapani, to counsel on the company's many privacy issues. 

Broadway producers to Jeremy Piven: Prove it was the sushi!

By Eriq Gardner

It looks like sushi-gate is not quite over.

Earlier this month, Jeremy Piven won a reprieve after producers and actors split down the middle in an arbitration hearing to determine whether Piven's exit from the Broadway play "Speed The Plow" constituted a violation of his contract. Piven cited health reasons, specifically high mercury levels from consuming sushi, as the reason why he couldn't perform.

Producers aren't letting this fishy excuse go unchallenged. They didn't have the votes to win the arbitration proceeding, but they had the right to pursue further alternative arbitration. They've opted to exercise that right. 

The arbitration is set for June 8-9, and the producers are going all out on this one, saying in a statement that they want lots of documents from Piven, including "medical records and documentation of Mr. Piven's activities both during and after the run of the show."

 

We hope TMZ footage of Piven chomping albacore sashimi doesn't emerge.