2009 Lecture 13 Actual

2009 Lecture 13 Actual - ENTERTAINMENT LAW University of...

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ENTERTAINMENT LAW University of Southern California Fall 2009 / Lecture 13 Prof. Michael Grizzi
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Administrative Issues Questions from your classmates “I understand the exam is open book, but is there a restriction to the material we are permitted to take into the exam?” All printed materials are OK to bring in, no use of the internet But … a few suggestions … And that reminds me … blackout period for questions begins at 6:00 P.M., Wednesday Dec. 9
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If you obtain "life story" rights for a film, are you no longer exposed to suits on behalf of the individual depicted for defamation or violation of the right of privacy?” “In other words, can you use your depiction of their life to defame them, disclose offensive private facts and portray them in a false light?” There is no “life story right” per se: you are buying the agreement of the affected person that she will not bring those causes of action. A “life story rights” agreement is essentially a covenant not to sue for those causes of action.
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I am having trouble distinguishing between causes of action for the "right of publicity" and "right of privacy - misappropriation." You are not alone. We discussed in class that courts sometimes confuse the terms. So what do you need to know/do for the test?
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Be aware of the cases and which jurisdictions and theor(ies) they were decided under If you are presented with a fact pattern and asked to analyze any possible legal claims: Consider whether one or both claims can be made, and Compare and contrast the fact pattern given to the facts of cases we discussed, in order to predict the likelihood of success under one theory or the other (or both).
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Paul Koenig’s presentation of last week Be familiar with the general areas of law Paul mentioned that impact new media marketing in the entertainment industry e.g., FTC issues, domain name disputes You do not need to be familiar with statutes Paul addressed except and to the extent such statutes have, or will, otherwise be discussed in class (e.g., Lanham Act, CAN-SPAM)
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Do Hollywood studios own rights on Mars? Fifty years ago, no attorney demanded digital rights to books, movies, TV shows, and the rest. These days, they compensate for this lack of vision by drafting broad, vague contract terms (such as "throughout the universe, in perpetuity“) that can handily be applied in far-off galaxies.
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The language has become standard in Hollywood as entertainment companies pick on amateur talent by locking up every possible future stream of revenue. Even power players often give up rights "throughout the universe." A search of the SEC's Edgar database turns up 560 examples of the phrase in the last couple years alone, including in the employment agreement for the head of CBS, Les Moonves.
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Responding to the need for such boilerplate on the Starwars.com terms-of-service, a spokesperson for Lucasfilm says: "To be honest with you, we have had very few
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This note was uploaded on 12/04/2009 for the course LAW ENTERTAINM taught by Professor Grizzi during the Fall '09 term at USC.

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2009 Lecture 13 Actual - ENTERTAINMENT LAW University of...

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