Robin Williams loses $6 million pay-or-play lawsuit over 'Cop Out'

By Matthew Belloni

Robin Williams has fired blanks in his lawsuit against Gold Circle Films over an alleged $6 million pay-or-play deal to star in "Cop Out" (formerly titled "A Couple of Dicks").

Williams' loan-out company Fiat Risus sued Gold Circle in October 2008 in Los Angeles Superior Court claiming the actor was hired to star in the action-comedy before Gold Circle put the movie in turnaround. Warner Bros. ended up making the film with Bruce Willis and Tracy Morgan and will release it Feb. 26.

In defending the lawsuit, Gold Circle claimed it never finalized a deal with Williams and presented evidence that its business affairs exec Adam Mehr sent an e-mail to the Williams camp saying the company "did not agree to all of the terms set forth in the Deal Memorandum," according to today's ruling by Judge Joanne O'Donnell. That and other evidence was enough for O'Donnell to grant Gold Circle's motion for summary judgment, effectively ending the case.

Here's the decision and the original complaint.

"It's unfortunate that Robin Williams' attorneys insisted on pursuing this lawsuit when it never should have been filed in the first place," said Gold Circle lawyer Michael Holtz, who handled the case with Lavely & Singer partner Marty Singer. "We always believed this case lacked merit, and the court obviously agreed. Based on the court's ruling, we intend to seek recovery of Gold Circle's costs and attorneys' fees."

Williams' lawyers at Manatt Phelps & Phillips did not return a call seeking comment.

Kareem Abdul-Jabbar sues producer for botching documentary

By Matthew Belloni

Kareem Abdul-Jabbar has sued a New York sports film production company for $1 million for failing to deliver a documentary based on the basketball legend's 2007 book about post-WWI black culture in time to be considered for this week's Sundance Film Festival.

According to the complaint, Abdul-Jabbar and his producing partner developed a screenplay based on his book, "On the Shoulders of Giants: My Journey Through the Harlem Renaissance," and contacted William Zagger and his B-Train Films about producing a 90-minute film adaptation. Zagger and B-Train allegedly were paid $500,000 but failed to meet deadlines or deliver a releasable final cut on October 31, as promised. When a rough cut of the film was handed over, the producers also allegedly had failed to obtain legal clearances for use of the materials.

"The version of the picture Zagger and B-Train sent to (Abdul-Jabbar) on November 2, 2009 included numerous photographs and film and music clips for which defendants had failed to obtain any license or clearance," the complaint says. 

Court of Appeal bites 'Dog' in TAA case

By Matthew Belloni

Here's an appellate decision that should be of interest to showbiz lawyers who navigate the murky waters of California's Talent Agencies Act. 

In our experience, courts tend shy away from interfering with TAA disputes pending before the California Labor Commission, the venue in which actors and others often try to extricate themselves from contracts by arguing that someone acted as an unlicensed talent agent.  

So we were a bit surprised to see this week that the California Court of Appeal has bitten reality TV personality Duane "Dog" Chapman on the hand, ruling that a New York lawsuit filed by would-be "Dog the Bounty Hunter" producer Boris Krutonog against the producers and distributors of the hit A&E show can go forward at the same time as Chapman continues to battle Krutonog in front of the Labor Commissioner.

Marty Singer demands blogger stop being mean to Demi Moore

By Eriq Gardner

We're not surprised to hear that Demi Moore tasked attorney Marty Singer to tame a blogger who had the nerve to suggest that a little Photoshopping on December's W cover made her look like "she had some sort of weird car accident that left a wedge of meat missing."

After all, celebrties hire Singer all the time to do strange stuff, including stopping sex tapes, theatrical plays, reality show marriages, and, if you're Tiger Woods, photos in magazines proving out-of-wedlock affairs.

We're also not surprised to hear that Singer attempted to muzzle the blogger who picked apart Moore's W cover by claiming his cease-and-desist letter was a "confidential legal communication."

Others may scoff at this sort of claim, but Singer has elevated C&D letters to a whole new realm of creative expression. Shouldn't he be able to copyright and otherwise protect them. Don't you agree, Jeremy Piven?

Moore's willingness to go after the blogger is more surprising, frankly. 

What possible reason would compel the actress to set the record straight? After all, the only reason we know about this guy is because Singer sent a letter demanding that he retract his claim that the photo was manipulated. 

Tiger Woods hires Marty Singer's firm

By Eriq Gardner

American media pundits snickered when Tiger Woods got a London court to ban UK outlets from publishing allegedly nude photos and video of the troubled golfer, but we might begin to soon witness some legal action here in the U.S. 

Woods has hired LA entertainment litigation boutique Lavely & Singer to represent him. 

The move sends a strong message that Woods will be aggressive in protecting himself from breaches of privacy and defamation. Among the stories we've covered involving Lavely & Singer this year alone:

• Representation of "Grey's Anatomy" star Eric Dane and his actress wife Rebecca Gayheart in a lawsuit against Gawker for posting a tape of them nude with another girl.
• Representation of actor Jeremy Piven in a cease-and-desist letter to stop a theatrical play that made fun of "Sushigate."
• Representation of Jennifer Lopez in a lawsuit with her ex-husband over a purported sex tape. 
• Representation of reality star Kate Gosselin in her battle with husband Jon.
• Representation of Bruce Willis in a $8.7 million countersuit against producers of "Three Stories About Joan" 
• Representation of Oscar-winning "Milk" screenwriter Dustin Lance Black in a lawsuit over nude photos 

That's just a start. We're not sure that litigation and cease-and-desist letters are the smartest way to rehab the golfer's image, but we'll let others debate that point.

Is Gawker off the financial hook for Eric Dane naked threesome tape?

By Eriq Gardner

Gawker Media has responded to a $1 million lawsuit filed by "Grey's Anatomy" star Eric Dane and his actress wife Rebecca Gayheart for the gossip website's posting of a four-minute video of the pair carousing naked with a former beauty queen.

In September, Dane and Gayheart sued Gawker for copyright infringement, seeking an injunction preventing distribution of the clip. The married acting couple are represented by Marty Singer, who believes that "the person who records the tape is the copyright owner." 

On Friday, Gawker filed a Motion to Strike that doesn't address the legitimacy of whether "McSteamy" is entitled to a copyright in the tape, but instead takes issue with the amount of money Dane and Gayheart claim they are owed for Gawker's copyright transgression. 

The Motion to Strike points out that the videotape was neither published by the plaintiffs nor registered with the U.S. Copyright Office at the time that Gawker posted it. Because of this fact, Gawker claims that Dane and Gayheart can't recover statutory damages and attorneys' fees.

Amazingly, Dane and Gayheart did register copyright on their naked video on August 19, two days after Gawker posted the video. According to side documents in this case, lawyers for Gawker including Alonzo Wickers and Karen Henry of Davis Wright Tremaine have been leaving voice messages and e-mails for Singer, trying to get him to agree that his clients can't recover statutory damages.

It's worth noting that Gawker still has the video up on its website. If the infringement wasn't "willful" on August 17, might it be now?

Previously: Celebrity sex tapes — a legal history

'Jon & Kate' plus lawyers and a courtroom appearance

By Eriq Gardner

The bickering between Jon and Kate Gosselin, stars of the hit TLC show "Jon & Kate Plus 8," appears to be headed to court.

Last week, after Jon decided on "Larry King" that having his kids appear on television wasn't a great idea, his lawyer Mark Heller sent out word that no TLC production crews were to enter Jon's family home for any reason. A sign was posted on the gate of the home, and TLC took the hint to shut down filming.

But many family lawyers, including Kate's  attorneys, believe the decision of whether to let TLC shoot should be left to the children's main custodian. 

On "Today" this morning, Kate's lawyer Mark Mornjian said: "These two parties entered into an agreement once the divorce action was filed that allowed each parent that had physical custody of the children to make the filming decisions when the children were with them."

Kate also has hired TMZ and Gawker penpal Marty Singer to go after Jon and his lawyer. In a letter, Singer attacks Jon for draining a joint account of all but $1000 and cites a New York Supreme Court disciplinary sanctioning of Heller.

The parties will be in court tomorrow over the account, but the stage appears to be set for Kate's representatives to argue she deserves full custody and decision-making ability for the kids. If TLC resumes shooting, will Jon be part of the show at all? 

Marty Singer gets hot and McSteamy with Gawker

By Matthew Belloni

Last month Marty Singer offered us a preview of how he might try to squelch a naked video of clients Rebecca Gayheart and Eric Dane that had been posted on the Gawker gossip website.

Today he followed through and sued Gawker for copyright infringement, seeking $1 million and an injunction preventing distribution of the clip. Gawker posted four minutes of the video showing "Grey's Anatomy" star Dane and wife Gayheart cavorting with former beauty queen Keri Ann Peniche and linked to sister site Fleshbot, which made more of the footage available.

As we noted last month, if you watch the video (we did--please don't sue us, Marty) you'll notice that Dane holds the camera for a portion of the "shoot." That gives him a copyright interest in the video and forms the basis of at least part the lawsuit. They also allege a "brazen" invasion of privacy.

We've always been amazed how Gawker has escaped litigation over the years, even as it posted unauthorized videos of Tom Cruise andothers. Today Gawker publisher Nick Denton quoted our initial Singer post (or at least attempted to quote it) in his Twitter response to the lawsuit: "To quote the great Marty Singer -- Eric Dane's lawyer – 'If you don't want a sex tape on the Internet, don't make one!"'

UPDATED: Gawker has posted the full complaint. As suspected, Singer claims his clients "authored" the video.

Jeremy Piven hires Marty Singer to stop 'Piven Monologues' play

By Eriq Gardner

Theater producers in New York were unable to convince an arbitrator that Jeremy Piven violated his contract by bowing out of the play "Speed the Plow" due to alleged mercury poisoning from consuming too much sushi.

But in a new twist to Sushigate, the Public Theater has decided exact revenge by staging a production recounting Piven's abrupt exit. The name of the show? "The Piven Monologues." 

The show's notes include this quote from famed playwright David Mamet: "My understanding is that (Piven) is leaving show business to pursue a career as a thermometer."

Funny stuff--unless you're Piven or his lawyer, Marty Singer.

Singer has sent a cease-and-desist letter to the show's producers, objecting to defamatory statements about the actor.

It's unclear whether the production is going forward.

How Marty Singer plans to stop the Eric Dane naked threesome tape

By Matthew Belloni

The Internets are ablaze today with excerpts of a video showing "Grey's Anatomy" star Eric Dane cavorting naked with wife Rebecca Gayheart and a former beauty queen and alleged Hollywood madam named Kari Ann Peniche.

Not long after the video was posted on Gawker, Dane and Gayheart's lawyer Marty Singer got on the phone with TMZ and threatened to sue anyone who publishes the video, which he calls "a private, confidential tape."

So, what legal theories will Singer use to prevent Gawker or anyone else from posting the tape or otherwise profiting from it? He gave us a preview last month in the "Free Advice" section of our annual Power Lawyers issue.

Here's the Q&A:

Q: How do I keep my sex tape off the Internet?

Singer: Don't make one! But if you must, here are some tips on how to keep it private. The person who records the tape is the copyright owner. So you should be the camera-person and try to own or co-own the copyright because third-party distributors are less likely to touch a sex tape if there is a potential copyright claim. Even if you don't own the copyright, you also can assert claims for violation of your rights of privacy and publicity, both of which can lead to injunctions against distribution. Unless someone is on the tape telling you that the tape will be exploited, the release will violate your expectation of privacy. Plus, your name or image can't be used for commercial purposes without your consent, so you can stop the promotion of the tape if not the release itself. Finally, if you didn't know you were being taped, criminal charges might also be appropriate.

We took a quick look at the Gawker excerpts (research!) and it's pretty clear that Dane is holding the camera for at least a portion of the video. So look for Singer to assert a copyright infringement claim on his behalf, as well as claims for violation of rights of privacy and publicity. Knowing how aggressive Singer is, he'll probably seek an injunction. But he should act fast. Gawker says its sister site Fleshbot is planning to post the full video tomorrow.