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JAN
3
3 YEARS

Hollywood Docket: Is It Legal to Tweet Links to Pirated Broadcasts?

  • Nearly seven years after the infamous Super Bowl halftime show when Janet Jackson exposed her breast, the FCC is still in court over the wardrobe malfunction. At issue is the agency's ability to police broadcasting for indecency. The Supreme Court recently found the FCC's indecency fines to be arbitrary and capricious, so in a supplemental brief to the Third Circuit Court of Appeals in the wardrobe malfunction case, the FCC is making a strong attempt to exert its authority to regulate broadcasters for recklessness. [B&C]
  • An appeals court has upheld a lower court decision that enforces a settlement agreement between the family of singer Eva Cassidy and her label, Blix Street Records. The two parties originally went to court over a royalty dispute and the Cassidys plan to make a film about their daughters' life, and the two sides executed a settlement. But the attorney for the record label then worried that the deal was too one-sided and would harm his business as an entertainment lawyer. The appeals court has now rejected arguments the contract was ambiguous and not enforceable. [Here's the decision]
  • Perfect 10, an adult entertainment publisher, claims in its ongoing copyright lawsuit against Google that the online search giant's forwarding of its takedown notices to another website constituted copyright infringement. [Wired]
  • Producers of a documentary about Billy Joel want a declaratory judgment against a photographer who is "attempting to take advantage" of an honest mistake that left her off of the closing credits. The photog wants $50,000 for the error but the producers feel she has already been fully compensated and that the value of having her name in the credits is de minimis. [CNS]
  • A copyright issue that might be heating up: Is it illegal to tweet links to pirated broadcasts? Chilling Effects reports that Twitter has been on the receiving end of a number of takedown notices. [All Things Digital]
  • Is the list created by Oskar Schindler, made famous in the Steven Spielberg film Schindler's List, subject to common law copyright? A New York court recently rejected a motion for a preliminary injunction to prohibit the sale of the list, but left open questions about whether others could publish it. [NYSBA]