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Electronic Arts Faces Jury Trial Over 'Madden NFL'

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Electronic Arts Faces Jury Trial Over 'Madden NFL'

On Thursday night, at the National Football League's annual amateur player draft, football legend Barry Sanders took the stage. Sanders was on hand to celebrate the fact that millions of fans of the Madden NFL game from Electronic Arts had voted him onto the cover of the mega-selling franchise's forthcoming 25th anniversary edition.

Meanwhile, behind the scenes, EA prepares for another coming event -- a jury trial over Madden NFL with lots of money at stake and innovative copyright issues like whether it's possible to protect the design of football plays and formations.

STORY: Why Hollywood Studios Care About the NFL's Baltimore Ravens Logo

The lawsuit comes from Robin Antonick, who developed a prototype for a football game on the old Apple II operating system and then was hired in 1984 by EA to write the source code for a game called "Football." The following year, EA contracted with Hall of Fame football coach and broadcast announcer John Madden to lend his name to the game, and Antonick worked on the initial videogames in exchange for royalties. But eventually, Antonick was cut out of the franchise, which has collectively sold over 100 million copies and earned more than $4 billion in sales.

In his claims filed in California federal court, Antonick alleges that the games continue to use elements he created, and as such, he deserves to participate in the profits. EA has called his lawsuit "quixotic" without any proof that it has copied any of his code, but on Thursday, a judge made a brief but bold ruling that will allow Antonick to try some of his claims before a jury starting on June 10.

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APR
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2 DAYS

How Time Warner Beat a 'Promise' to an Injured Chinese Gymnast

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When a big media company puts on an international event and something goes wrong, it can be a tightrope managing the potential public relations fallout.

Sang Lan was a former world-class gymnast from China who was going to be competing in the 1998 Goodwill Games, a quadrennial competition conceived by media mogul Ted Turner and later sold to Time Warner.

As the gymnast was warming up for a vault event that year, she fell and fractured two vertebrae and her spinal cord, rendering her permanently paralyzed from the mid-chest down.

PHOTOS: Top 10 Legal Disclaimers in Hollywood

After the horrible accident, Goodwill Games President Michael Plant pledged that her medical needs would be taken care of by insurance. "I can't speak to the long-term, but it is our commitment to do what we can," he said. "Ted Turner and (then Time Warner CEO) Gerald Levin are both concerned."

Harvey Schiller, then president of Turner Sports, also made pledged to do "everything within our power to assure that her future is secure."

In a lawsuit brought in 2011, Sang alleged that didn't happen. But a magistrate judge is now recommending that Time Warner be given a soft landing.

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APR
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2 DAYS

Appropriation Artist Richard Prince Prevails Against Photographer at Appeals Court

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Appropriation Artist Richard Prince Prevails Against Photographer at Appeals Court

In a closely-followed case in the art world, artist Richard Prince has scored a big win at the Second Circuit Court of Appeal against photographer Patrick Cariou.

The ruling has the potential to become big precedent and influence the nature of art.

Cariou sued Prince for copyright infringement, alleging that the artist appropriated copyrighted photos from a 2000 book, Yes Rasta, which featured Rastafarians in Jamaica. Prince admitted taking the work, altering and incorporating them into a series of paintings and collages called Canal Zone, which he exhibited in 2007 and 2008 at the Eden Rock hotel in Saint Barthelemy and at New York's Gagosian Gallery.

When questioned during depositions, Prince probably could have defended his appropriation better on the basis of "fair use," perhaps saying that he made transformative use of the original photos. But he declined to do so, playing the role of the difficult-to-decipher artist. He said his art "do[es]n't really have a message."

Largely because of that, at a lower court, Cariou was successful against Prince, but on Thursday, the Second Circuit reversed the decision in part. The appellate judges find that 25 of Prince's 30 works are fair use and remands the remaining five for a lower judge to determine with the proper standard.

According to Second Circuit circuit judge Barrington Parker's decision, "What is critical is how the work in question appears to the reasonable observer, not simply what an artist might say about a particular piece or body of work. Prince’s work could be transformative even without commenting on Cariou’s work or on culture, and even without Prince’s stated intention to do so."

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APR
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2 DAYS

Hulk Hogan Sex Tape: Judge Orders Gawker to Remove Video (Exclusive)

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Hulk Hogan Sex Tape: Judge Orders Gawker to Remove Video (Exclusive)

Hulk Hogan has made a startling comeback.

In October, after Gawker posted a one-minute excerpt of a 30-minute sex tape, the former professional wrestler and reality star filed a $100 million lawsuit in federal court. Initially, he wasn't very successful. A judge wouldn't order Gawker to take down the tape off its website. Later, that judge pointed to the First Amendment, finding that Gawker's publishing was "in conjunction with the news reporting function" and that the "factual finding supports a colorable fair use defense."

But the situation has changed.

At a hearing yesterday in a Florida state court, a judge has granted Hogan's request for a temporary restraining order, Hogan's attorney Charles Harder tells The Hollywood Reporter.

As a result, as Hogan pursues claims that Gawker has violated his rights by posting the sex tape, all of Gawker's affiliates will need to pull the popular video from its network. In addition, the judge has ordered to be delivered to Hogan's attorneys all versions and copies of the full-length sex tape, and all excerpts, clips, photos and transcripts of it. 

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APR
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3 DAYS

Lawsuit Claims Paramount Stole 'Paranormal Activity 4' Ideas from Pitch Meeting

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Lawsuit Claims Paramount Stole 'Paranormal Activity 4' Ideas from Pitch Meeting

Writer-director Michael Costanza has sued Paramount and producers of Paranormal Activity 4 claiming that the film used specific concepts from his work without permission and without credit or compensation.

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APR
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3 DAYS

Fox Mobile Sale Triggers $100 Million Lawsuit

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Aidan Foley, an entertainment industry executive who once served as chief executive at Kodak's digital entertainment division, has filed a $100 million lawsuit that alleges he was cut out of a deal to acquire Fox Mobile Group from News Corp.

According to a complaint filed Monday in Los Angeles Superior Court, Foley was contacted and invited in 2009 to bid on Fox Mobile, which had plans to develop an on-demand, premium-content video streaming company along the lines of Hulu for mobile platforms.

As the CEO of Double Eagle, Foley and his company signed an NDA to participate in the confidential acquisition process, and Foley says he began scouting around for investors to contribute capital for the purchase.

He says he lined up Elliot Aintabi and Jason Aintabi, who controlled the Jesta Group. In 2010, Jesta announced the acquisition of Fox Mobile, but without Foley's participation.

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APR
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3 DAYS

How Talent Loses if Aereo Wins (Analysis)

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How Talent Loses if Aereo Wins (Analysis)

Several weeks ago, Fox, PBS and several other companies were hit with a 2-1 federal court of appeals ruling rebuffing their attempt to shut down Aereo, a new service backed by Barry Diller.

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APR
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3 DAYS

L.A. Lakers Player Beats Strange Defamation Claim Over TMZ-Related Tweet

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L.A. Lakers Player Beats Strange Defamation Claim Over TMZ-Related Tweet

Merriam-Webster Dictionary defines "social media" as a form of electronic communication through which users create online communities to share information, ideas, personal messages and other content.

We all know that the media can sometimes get things wrong. (CNN recently proved this.) The question of the day is whether a user on social media can be held liable for passing along wrong information that damages someone's reputation.

To be more specific, we'll point to a somewhat strange lawsuit that just made for an interesting ruling.

The defendant in the case is Devin Ebanks, a forward on the Los Angeles Lakers who was accused by a woman of rape. On Dec. 7, 2011, TMZ published an article titled "L.A. Laker Devin Ebanks -- Cleared in Rape Investigation" and included some "crazy" details about what allegedly happened. That same day, Ebanks took some delight at the news on Twitter. Then, an acquaintance named Junior who introduced Ebanks to the woman responded by tweeting, "glad you got cleared...," which led Ebanks to respond, "thanks bro next time u wanna hook me up, dnt lol."

The woman later would anonymously sue Ebanks for sexual assault, but what made the case so unusual is that the woman included a claim for defamation for what was said by him on Twitter.

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APR
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4 DAYS

Katy Perry Files $6.5 Million Counterclaim Against Hair-Product Company

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Katy Perry Files $6.5 Million Counterclaim Against Hair-Product Company

Pop star Katy Perry has struck back at the hair-styling company that rushed into court April 11 in anticipation of being sued over an endorsement contract.

Two weeks ago, Jemella Group Limited sued Perry's loan-out company, Killer Queen LLC, contending that it had paid the singer $4.5 million under a two-year deal to endorse GHD ("Good Hair Day"). JGL said that no more was owed despite the contention by Perry's agent at CAA that an oral agreement had been reached on an extension of the contract.

It's now Perry's time to respond.

In counterclaims filed in a California federal court Monday, the singer's lawyers say that if there was no deal, JGL had no right to continue to use Perry's image on the GHD website and refer to Perry as the company's "brand ambassador." The company allegedly did so. Her lawyers add that what really happened was that JGL didn't wish to repudiate the deal because an untimely rift with Perry would impede a proposed sale of the company.

PHOTOS: Katy Perry: The Pop Star's Past to Present

Slamming JGL for threatening to defame Perry, the singer's lawyers say in their new legal papers, "Those who wish to do business with a company that does not honor its contractual commitments, yet reaps the benefits of the agreements giving rise to those commitments, would find a perfect business partner in GHD."

Here's the full counterclaim.

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APR
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4 DAYS

Universal Music Group Wins Appeal Against Grooveshark

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Universal Music Group Wins Appeal Against Grooveshark

In a closely watched digital copyright lawsuit, a panel of five judges in the New York State Supreme Court of Appeals on Tuesday reversed a lower state court decision favoring Escape Media Group Inc., the operators of the music streaming site Grooveshark.

The lawsuit, filed by Universal Music Group, alleged that Grooveshark had violated copyright laws by hosting unlicensed music from Universal’s catalog that was recorded prior to 1972.

The date is significant because recordings from 1972 and onward explicitly fell under the DMCA, which granted online service providers such as Grooveshark a “safe harbor” against copyright litigation, provided that they meet certain obligations, including a process for taking down infringing content uploaded by users.

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APR
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Lionsgate: 'Mad Men' Opening Credits Protected by First Amendment

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Lionsgate: 'Mad Men' Opening Credits Protected by First Amendment

On the hit AMC series, Mad Men, the male ad executives led by Don Draper slowly come of age during a wave of feminine mystique. In early March, several weeks before the debut of the show's sixth season, producer Lionsgate faced a different sort of self-empowerment. Gita Hall May, a 79-year-old ex-fashion model, sued over the opening credits, which uses for one fleeting moment, her image from a Richard Avedon photo shot more than half a century ago.

Lionsgate is now attempting to kill the lawsuit, explaining the transformative value of Mad Men's opening credits and looking to a judge to protect it as quintessential free speech. The show's producer has filed an anti-SLAPP motion, meant to deter litigation aimed at interfering with First Amendment rights.

Among the papers filed is a declaration by Mad Men executive producer Scott Hornbacher, who reveals that the credits contain more than 40 period advertisements, including those from Herman Miller, IBM, American Airlines, Carling Black Label Beer, Van Heausen, Pan Am, TWA, Heinz, Lady Remington, Zippo and Smirnoff Vodka. Horbacher also submits a "storyboard" that depicts each step of the opening title sequence and cross-references the original advertisements.

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APR
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Why the Alleged Boston Bomber Can't Stop a Movie (Analysis)

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Why the Alleged Boston Bomber Can't Stop a Movie (Analysis)

Every so often, an individual captures the spotlight for some notorious criminal activity. Eventually, that person gets arrested. Then, the defendant hires a lawyer.

An entertainment lawyer.

Why? Is there really hope of controlling rights on a possible film?

This afternoon, according to the New York Times, Boston Marathon bombing suspect Dzhokhar Tsarnaev was read his Miranda rights, as he was charged with using a weapon of mass destruction in the attack that killed three people and wounded 176. And while he was told that he has a right to remain silent and the right to consult an attorney, he also has the right to attempt to strike it rich in Hollywood. (Or at least get a cut of the take.)

PHOTOS: Inside the Boston Marathon Bombing Manhunt

But if he tries, there will be obstacles.

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Lawyer Steve Warren Rails Against Antonin Scalia at GLAAD Awards: 'An Old-Fashioned Bully' (Video)

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Lawyer Steve Warren Rails Against Antonin Scalia at GLAAD Awards: 'An Old-Fashioned Bully' (Video)

In an impassioned speech delivered at Saturday night's GLAAD Media Awards in downtown Los Angeles, entertainment attorney Steve Warren -- a regular fixture on The Hollywood Reporter's annual Power Lawyers list -- railed against conservative members of the Supreme Court, in particular Justice Antonin Scalia.

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James Franco Wins Lawsuit After NYU Professor Can't Find Him

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James Franco Wins Lawsuit After NYU Professor Can't Find Him

James Franco isn't that tough a guy to find.

For example, we found him Sunday night at the Tribeca Film Festival. After the premiere of The Director, a film about the Gucci brand which he produced, he took the stage at the SVA Theatre with The Director's director, Christina Voros, whom he met at New York University as a student several years ago.

PHOTOS: 'Oz the Great and Powerful': James Franco, Mila Kunis Celebrate the Hollywood Premiere

The event was marked without drama from one of his other NYU mates -- Jose Angel Santana, a former professor who sued Franco over allegedly "disparaging and inaccurate public statements" that the actor made against Santana after getting a "D" in his class in 2010.

In February, Santana looked to be on the verge of a victory because Franco hadn't responded in court. But two weeks ago, a judge dismissed claims against Franco after Santana's attorneys had trouble locating the defendant to serve him. By Sunday, Franco was able to appear at the festival without any worry.

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