JUDGE KEEPS DICKINSON’S CLAIMS AGAINST COSBY ALIVE

JUDGE KEEPS DICKINSON’S CLAIMS AGAINST COSBY ALIVE

By Steven T. Lowe / August 13, 2018

On July 11, 2018, a California judge rejected Bill Cosby’s request to dismiss Janice Dickinson’s defamation suit saying “the ‘heart’ of her allegation that Cosby falsely painted her rape allegations as lies would move forward.”   Los Angeles Superior Court Judge Randolph Hammock issued a 21-page ruling partially granting and partially denying Cosby’s motions to…

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COURT DISMISSES ALL CLAIMS IN $100 MILLION RACKETEERING SUIT AGAINST VIACOM HEIR EXCEPT ONE

By Steven T. Lowe / August 10, 2018

On July 10, 2018, a California federal judge dismissed a $100 million dollar racketeering lawsuit against Viacom heir Shari Redstone filed by Manuela Herzer, a former acquaintance of Ms. Redstone’s father. U.S. District Judge Philip S. Gutierrez ruled that with Sumner Redstone still alive, Ms. Herzer does not have a legal entitlement to any of…

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COURT AWARDS $352,000 TO PLAINTIFFS IN “WE SHALL OVERCOME” COPYRIGHT LAWSUIT

By Steven T. Lowe / August 10, 2018

Months after admitting the song “We Shall Overcome” was free for all to use, Ludlow Music, the publisher responsible for collecting fees every time someone used the civil rights song, was ordered to pay attorneys’ fees to the plaintiffs who brought the case. Although Judge Cote said that Ludlow’s defense was “not the kind of…

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NINTH CIRCUIT REVIVES LAWSUIT AGAINST FOX REGARDING “EMPIRE”

By Steven T. Lowe / August 8, 2018

On August 1, 2018, the Ninth Circuit revived a lawsuit in which the plaintiff claimed Fox took the television show “Empire” from the plaintiff’s “treatment.” A 2-1 vote of the Ninth Circuit Court of Appeals overturned a trial judge’s decision to dismiss allegations against 20th Century Fox. The appeals court decided to reinstate the lawsuit…

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NINTH CIRCUIT WILL NOT OVERTURN “BLURRED LINES” RULING

By Steven T. Lowe / August 6, 2018

On July 11, 2018, the Ninth Circuit refused to overturn a ruling that “Blurred Lines” infringed Marvin Gaye’s “Got to Give It Up.” Robin Thicke and Pharrell Williams, along with the Recording Industry Association of America, had urged the appeals court to overturn an earlier ruling in Gaye’s estates’ favor warning “it would allow more…

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“HOW THE GRINCH STOLE CHRISTMAS” PARODY PREVAIL UNDER THE “FAIR USE DOCTRINE”

By Steven T. Lowe / August 3, 2018

On July 6, 2018, the Second Circuit officially declared the parody “Who’s Holiday”, based on Dr. Seuss’ “The Grinch Who Stole Christmas,” was freed of all claims under the “Fair Use Doctrine.” In December 2016, “Who’s Holiday!” filed a claim for a declaratory judgment of noninfringement, soon followed by a Seuss estate counterclaim for copyright…

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“THE ART OF FIELDING” DID NOT INFRINGE “BUCKY’S 9TH” COPYRIGHT

By Steven T. Lowe / August 1, 2018

On July 9, 2018, a Manhattan federal judge ruled the that the 2011 novel “The Art of Fielding” did not infringe the copyright to an unpublished baseball book with similar plots. U.S. District Judge Alvin K. Hellerstein dismissed a case filed against “Fielding” author Chad Harbach finding that Harbach’s novel did share certain elements with…

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STRIP CLUBS MOVE TO DISMISS ALLEGATIONS BY 11 MODELS, INCLUDING CARMEN ELECTRA AND TIFFANY TOTH

By Steven T. Lowe / July 30, 2018

On July 5, 2018, three Manhattan-based strip clubs moved to dismiss allegations by 11 models in a New York federal court that their images were improperly used to advertise the clubs. Private Eyes Gentlemen’s Club, New York Dolls Gentlemen’s Club and Flashdancers Gentlemen’s Club moved for summary judgment after claims were filed against them by…

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NINTH CIRCUIT RULES CALIFORNIA’S 1977 RESALE ROYALTIES ACT ONLY APPLIES TO ART SOLD BEFORE 1978

By Steven T. Lowe / July 27, 2018

On July 6, 2018, the Ninth Circuit Court of Appeals ruled California’s 1977 Resale Royalties Act (CRRA) only applies to art sales conducted prior to 1978, the date the federal Copyright Act went into effect. Painters and sculptors have argued through many appeals that auction houses owe them five percent of sales of their works…

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CARDI B COUNTERSUES MANAGER FOR $15 MILLION

By Steven T. Lowe / July 27, 2018

On July 5, 2018, Cardi B (real name Belcalis Almanzar) filed counterclaims against her manager after he slapped a $10 million defamation and breach of contract suit against her. She alleges he stole funds deriving from her royalties and deceived her into signing over all of her copyrights for her audio and video recordings. Shaft…

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