Author: Joseph P. Morganella

Appeals court, at least, sees talent act clearly

U.S. Ninth Circuit judges reject managers’ attack on California law but disputes keep surfacing over representation, commissions Saunter down the street in Des Moines or Poughkeepsie and ask the first passer-by about who engages in the “procuring” business and be glad not to get a punch in the nose for asking about something that sounds like it’s part of the world’s oldest profession. But at least in Hollywood, and for especially for those in the entertainment industry, this practice—part art and part commerce—is so common that it should be legally plain and it is clearly understood, the U.S. Court...

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With tech-streamers’ rise, will law jobs change?

The industry headlines tell a persuasive tale. Netflix: The most feared force in Hollywood? Netflix: The monster that’s eating Hollywood. Netflix is killing it—big time—after pouring cash into original shows. With cord-cutting becoming  ever more common and broadcast network ratings steadily declining, will Entertainment Lawyers start streaming from traditional industry workplaces in search of Elysian Fields with newer employers working in newer technologies? It may be a question to ponder, even as the studios and Netflix head to court in a battle over claims the big and growing streaming service poached key entertainment executives But for lawyers, in particular, there may be more cultural and workplace issues to consider before...

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ISP denied preemptory shield on rights claims

An internet service provider, weary of hearing complaints from a music rights-management organization, tried to get a federal court in Manhattan to stop in advance what it felt was the group’s sing-song whining about improper online postings of copyrighted songs. But the judge decided the request by Windstream Services for a preemptive declaratory judgment against BMG was way out of tune. The court found Windstream’s request “un-tethered” to any specific claim of copyright infringement and said it could be construed to absolve the ISP of not only past but also future actions. That, like performing in the wrong key, can’t...

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‘Oh, Really?’ A ‘Night Of’ ethics, evidence woes

In our ‘Oh, Really’  feature, the Biederman Blog’s editors and alumni— voracious consumers of trendy matters — cast a curious, skeptical, fun and smart end-of-the-week eye on popular culture and its entertaining products, sharing their keen observations about legal matters these raise. The HBO series “The Night Of” has won critical acclaim. In this crime drama, Nasir, a community college student from a working class, Queens, Pakistani-American family heads out with friends to a party one Friday night. He meets a beautiful, mysterious young woman. After a night of drinking and ingesting other substances with her at her place, he blacks out. He awakens the next morning to find her stabbed 22 times. The rest of the series is “Did he, or didn’t he?” and tracks his attorneys–a weary, down-on-his-luck ambulance-chaser, and the other a wet-behind-the-ears Pollyanna—as they build a defense. Their work is cut in with the hunt of a dogged detective who is “just one case away from retiring.” The series culminates in the young man’s trial, when we learn his surprise fate. The show’s performances are stellar, the direction is spot-on, and the writing —by the masterful Richard Price—is superb. But, really, how about the law in this hit? (Some spoiler alerts ahead, fyi.) Dubious evidence, ethics As great as Night Of was and still is (it’s available, of course, on demand), there are subtle but important issues with the admissible...

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Oh, Sheldon, go ahead, sing the darn cat song

Court swats away suit over Warm Kitty, as sung on Big Bang Theory Actor Jim Parsons has turned the misanthropic, mischievous, and often malevolent character of Sheldon Cooper, uber nerd and brilliant physicist, into not just an Emmy winner but also a million-dollar-an-episode recurring star part in a prime time network smash. Fans obsess about the adventure of Sheldon and his pointy-headed pals. But, hello, kitty, a federal judge in Manhattan has told Big Bang Theory aficionados they can rest easy about one of Sheldon’s signature musical quirks. U.S. District Judge Naomi Reice Buchwald has dismissed a cat-and-mouse game of copyright infringement against the show. It had been hit with a suit by the holders of the rights to the lyrics of Warm Kitty. That’s a tune the two sister-plaintiff’s asserted their nursery school teacher-mom wrote decades ago, then protected in 1937. Eccentric Sheldon, whose idiosyncratic behavior often alienates him from friends and foes alike on the TV show, often sings a version of Kitty to himself to self-soothe. His lyrics aren’t a carbon copy of the plaintiff’s song. But the sisters argued that the show failed to secure their permission to use the song and the lyrics were substantially similar enough to sue. What gave the judge paws about this cat scratch legal tiff? A teacher’s work gets into a compendium Ellen Newlin Chase and Margaret Chase Perry claimed in their suit that their mother, Edith Newlin,...

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