Saturday, December 8, 2012

Entertainment Law Review

Entertainment Law update Podcast with Gordan P. Firemark, Esq. and Tamera Bennett

Podcast Episode 36

Netflix Inc. Settles
The class action case brought on by the National Association of the deaf were successful in getting 100% closed captioning on Netflix streaming movies within the next two to four years. To some degree I feel a little sorry for Netflix. The whole time I was reviewing this case I felt like I was reviewing a boxing match with Tyson annihilating one of his opponents in the ring. Each time Netflix gave a little, the class action group wanted more and punched Netflix even harder. They got exactly what they wanted, and then some. Netflix also was ordered to pay attorneys’ fees to the tune of $755,000 as well as an additional $40,000 for the closed captioning process to be monitored. The discussion ended with the last comments about what happens next, both Gordan and Tamera posed questions pertaining to the Movie Theater and Broadway show procedures on closed and open captioning.  In my opinion, we should remove all aspects of "Dis-Ability". It is unfortunate, but when situations do not affect us personally we have a bad habit of taking our "Abilities" for granted.

Podcast Episode 33

Tove & Hayden Christensen Forest Park Pictures v. Universal (USA Networks) Royal Pains
The brothers Forest Park Pictures claim they developed the idea for the show Royal Pains. Their version of the show was called Housecall. It was about a doctor who could no longer practice as medicine in the city, so he moves to Malibu. He becomes a doctor who caters only to the very rich and famous. In 2009, USA Network, which is under the umbrella of Universal, broadcasted a show with the same basic story line. The only difference was where the doctor moved. The new location was the Hamptons instead of Malibu. The Second Circuit sided in favor of the brothers AKA (Forest Park Pictures) on the bases of Copyright Act Preemption.
In my opinion, the brothers should have been a bit more careful about who they were shopping their treatment to. But overall I am glad the court sided with them this time.

In conclusion, I have learned some valuable lessons from both podcast updates for my business plan. The first lesson is to consider as many types of demographic as possible when considering product distribution and never exclude one over another. It might not be worth the court fees. The second lesson I learned was not to trust anyone with my industry literary works before I register them as trademarks, patents, trade secrets, and copyrights so they are protected because everybody might not have your best interest at heart.

Entertainment Law Update Episode 36, 33

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