Negotiating Digital Distribution Agreements
By Simon N. Pulman Digital and direct distribution options have created new opportunities for producers seeking to leverage multiple platforms to find new revenue streams and audiences for their work. While the traditional “all rights” deal will continue to exist as long as there are major distributors willing to pay a minimum guarantee and give
Supreme Court Allows Copyright Claim to Proceed Despite Delay
On May 19th, the Supreme Court issued its decision in Petrella v. Metro-Goldwyn-Mayer, Inc. et al., 2014 WL 2011574 (U.S. May 19, 2014), ruling that laches, an equitable doctrine barring suits after unreasonable delay, cannot be used to preclude copyright infringement claims brought within the Copyright Act’s three year statute of limitations.
McDonald v. Brown: Remnants of Fraud Undone by Bona Fide Purchaser Status
The U.S. District Court for the Southern District of New York granted summary judgment in favor of a film financier based upon statute of frauds and bona fide purchase defenses in McDonald v. Brown. The Southern District’s decision provides reassurance to parties who obtain rights to creative projects without knowledge of prior legal claims, and
Troma Entertainment v. Robbins et al.: Court Finds Lack of Personal Jurisdiction in Copyright Infringement Case
On September 6, 2013, the Second Circuit narrowed the potential venues for asserting copyright infringement cases when it affirmed the Eastern District of New York’s dismissal of Troma Entertainment’s copyright infringement lawsuit against California residents Lance H. Robbins and King Brett Lauter for lack of personal jurisdiction (decision here). Defendants Robbins and Lauter had allegedly
Quirk v. Sony Pictures Entertainment, Inc.: Court “Rushes” to Grant Summary Judgment
In Quirk v. Sony Pictures Entertainment, Inc., the Northern District of California granted summary judgment in favor of movie studio Sony Pictures and its co-defendants. In determining that author Joe Quirk had failed to show a genuine issue as to any material fact as to copyright infringement or implied-in-fact contract claims arising from a motion picture
Gary Friedrich Enterprises v. Marvel: Ghost Rider Accelerates to Trial
In Gary Friedrich Enterprises v. Marvel, the Second Circuit reversed the Southern District of New York, holding that there exist genuine disputes of material fact regarding the intent of a comic book creator and publisher Marvel Comics to assign renewal rights in “Ghost Rider” via a 1978 written agreement, the timeliness of the creator’s ownership
CDAS Hosts “The Great Fair Use Debate”
CDAS hosted a lively panel on the legal and practical implications on the fair use exemption at our New York office this past Wednesday, June 19th. CDAS partners J. Stephen Sheppard, Nancy E. Wolff andMarc H. Simon were joined by Dennis Reiff, principal at entertainment insurance specialists Reiff & Associates, LLC. The panelists discussed the key issues to be aware
CDAS Client Park Pictures Funds “Infinitely Polar Bear”
CDAS Partner Marc H. Simon’s client Park Pictures Film Partners is financing and producing Infinitely Polar Bear, starring Mark Ruffalo and Zoe Saldana, which just began shooting in Rhode Island. Park’s Sam Bisbee and Galt Niederhoffer will produce the Maya Forbes written and directed film with Benji Kohn, Austin Stark and Bingo Gubelmann from Paper Street Films.
Oscilloscope Picks Up Lotfy Nathan’s “12 O’Clock Boys”
Oscilloscope Laboratories announced today that it has acquired all North American rights 12 O’CLOCK BOYS, directed and produced by CDAS Partner Marc H. Simon’s client Lotfy Nathan. The film tells the story of the 12 O’Clock Boys, a notorious urban dirt bike pack in Baltimore. Converging in groups and invading the streets, they dangerously–yet magnificently–make their presence
Central Park Five: Judge Blocks City’s Subpoena
Renowned documentary filmmaker Ken Burns and his film company, Florentine Films, won a significant legal victory recently as a Magistrate Judge ruled that they do not have to produce unused material from his documentary The Central Park Five to New York City. On February 19, 2013, Magistrate Judge Ronald Ellis ruled that Burns and Florentine