February 22, 2002
JOB OPENING
We have an immediate opening for a paralegal or secretary to join our law firm. Here is a description of the position:
Busy Beverly Hills entertainment law firm has opening for well-organized, responsible secretary/paralegal. Must type 60 wpm and have at least one year of experience. Requires a person who pays great attention to detail, and has excellent writing, grammar, communication and computer skills. E-mail resume and short writing sample to atty@marklitwak.com. No phone calls please.
CHANGE OF ADDRESS
After 8 years at 9595 Wilshire Boulevard we are moving. Effective February 28, 2002 we are relocating our offices and moving one block away to: 433 N. Camden Drive, Ste. 1010, Beverly Hills, CA 90210. Our telephone and fax numbers remain the same. Our zip code has changed slightly. Our E-mail address is: atty@marklitwak.comAny source
Friday, February 22, 2002
Saturday, February 16, 2002
“The Accountant” nominated for Academy Award
February 16, 2002
“The Accountant” nominated for Academy Award
Congratulations to producer Lisa Blount and writer/director/star Ray McKinnon of Ginny Mule Pictures for their live action short “The Accountant” which has been nominated for an Oscar. Attorney Pete Wilke, who is our securities expert and is Of Counsel to this firm, created the Private Placement Memorandum and handled the production legal work for the picture. I saw the film at the Austin Film Festival this past fall and it was wonderful. It was also shown at Slamdance.
"The Accountant" is a "Farm Comedy." The story centers on a dubious main character who "advises" folks on methods they might use to save the family farm from going the way of too many such farms in America. The film was shot on location in the South on 35 mm. The film, about 40 minutes in length, might best be described as a "dark comedy" that gives the viewer a whole new appreciation (or first time appreciation as the case may be) for the "Accountant's" favorite canned beverage, PBR (Pabst Blue Ribbon beer).
The website for the film is www.ginnymule.comAny source
“The Accountant” nominated for Academy Award
Congratulations to producer Lisa Blount and writer/director/star Ray McKinnon of Ginny Mule Pictures for their live action short “The Accountant” which has been nominated for an Oscar. Attorney Pete Wilke, who is our securities expert and is Of Counsel to this firm, created the Private Placement Memorandum and handled the production legal work for the picture. I saw the film at the Austin Film Festival this past fall and it was wonderful. It was also shown at Slamdance.
"The Accountant" is a "Farm Comedy." The story centers on a dubious main character who "advises" folks on methods they might use to save the family farm from going the way of too many such farms in America. The film was shot on location in the South on 35 mm. The film, about 40 minutes in length, might best be described as a "dark comedy" that gives the viewer a whole new appreciation (or first time appreciation as the case may be) for the "Accountant's" favorite canned beverage, PBR (Pabst Blue Ribbon beer).
The website for the film is www.ginnymule.comAny source
Friday, February 8, 2002
MANAGER ATTEMPTING TO OPTION SCREENPLAY VIOLATES LABOR CODE
February 8, 2002
MANAGER ATTEMPTING TO OPTION SCREENPLAY VIOLATES LABOR CODE
Agents are licensed by the California Department of Labor. Managers are not. Agents can procure employment for artists, while managers cannot. It is not always clear, however, when a manager’s activities are considered procuring employment. One might think that selling a writer’s finished script is not procuring employment because the writing services have been completed. But a recent decision by the California Labor Commissioner has come to a different conclusion.
A manager attempted to sell two of his client’s screenplays. After the manager left the management business, the writer optioned the works the manager had previously submitted. The writer didn’t pay the manager a commission on these deals, as the writer was obliged to do under the terms of the management contract. The manager sued. The suit was stayed while the Labor Commissioner determined whether the manager had acted illegally because he was not a licensed talent agent.
The Labor Commissioner concluded that absent compelling evidence that no future services of the writer are contemplated, a manager shopping scripts is procuring employment and violating the labor code if he is not a licensed talent agent. The commissioner noted that screenwriters who sell spec screenplays usually want to be hired to do any rewrites needed, and often they are hired for that purpose. Indeed, in this case, the writer was employed to render additional writing services.
Because the manager acted in violation of the Talent Agencies Act, the management agreement was unlawful, and the manger is unable to enforce its provisions.
HOLLYWOOD PITCH MARKET(TM) - MARCH 2 & 3, 2002
Carlos DeAbreu, the founder of the Hollywood Film Festival, will be holding another seminar in Los Angeles: SELL YOUR IDEA/STORY/BOOK/SCRIPT OR FILM TO HOLLYWOOD BUYERS. The seminar will include two days of intensive Networking. Additional information can be found at: http://www.hollywoodfestival.com/writing/index3.html. I will be one of a number of speakers.Any source
MANAGER ATTEMPTING TO OPTION SCREENPLAY VIOLATES LABOR CODE
Agents are licensed by the California Department of Labor. Managers are not. Agents can procure employment for artists, while managers cannot. It is not always clear, however, when a manager’s activities are considered procuring employment. One might think that selling a writer’s finished script is not procuring employment because the writing services have been completed. But a recent decision by the California Labor Commissioner has come to a different conclusion.
A manager attempted to sell two of his client’s screenplays. After the manager left the management business, the writer optioned the works the manager had previously submitted. The writer didn’t pay the manager a commission on these deals, as the writer was obliged to do under the terms of the management contract. The manager sued. The suit was stayed while the Labor Commissioner determined whether the manager had acted illegally because he was not a licensed talent agent.
The Labor Commissioner concluded that absent compelling evidence that no future services of the writer are contemplated, a manager shopping scripts is procuring employment and violating the labor code if he is not a licensed talent agent. The commissioner noted that screenwriters who sell spec screenplays usually want to be hired to do any rewrites needed, and often they are hired for that purpose. Indeed, in this case, the writer was employed to render additional writing services.
Because the manager acted in violation of the Talent Agencies Act, the management agreement was unlawful, and the manger is unable to enforce its provisions.
HOLLYWOOD PITCH MARKET(TM) - MARCH 2 & 3, 2002
Carlos DeAbreu, the founder of the Hollywood Film Festival, will be holding another seminar in Los Angeles: SELL YOUR IDEA/STORY/BOOK/SCRIPT OR FILM TO HOLLYWOOD BUYERS. The seminar will include two days of intensive Networking. Additional information can be found at: http://www.hollywoodfestival.com/writing/index3.html. I will be one of a number of speakers.Any source
Saturday, January 12, 2002
BORROWING FILM CLIPS DEEMED A FAIR USE
January 12, 2002
BORROWING FILM CLIPS DEEMED A FAIR USE
Under U.S. law it is well recognized that a writer can quote from another writer’s copyrighted work. A reviewer, for example, can quote a short passage from a book that is being reviewed. The doctrine permitting this use is known as the fair use doctrine.
While copyright principles apply to filmmakers and other authors who create copyrighted works, it has never been clear to what extent film clips can be borrowed under the fair use doctrine. The practice of many cautious producers is to license clips, even of very limited duration. Two recent federal cases shed some light on the issue, and they may encourage producers to forgo licensing short clips.
The plaintiff (P) in both cases was a person who had acquired copyrights to many movies produced by American International Pictures (AIP). In the first case, the P complained about the use of clips from AIP movies in a documentary about AIP titled “It Conquered the World” produced by the American Movie Classics (AMC) cable channel. While the P had initially agreed to accept a $36,000 license fee for use of the excerpts for cable exhibition, the P apparently changed her mind and ultimately declined to sign the license agreement. Instead, the P sought an injunction which the court refused to issue.
The judge reasoned that AMC’s use of the clips would likely be considered a “Fair use.” The court stated, “Just as a parody” needs to mimic an original to make its point... and a biographer is permitted to quote his subject, so too a documentary about two film makers should be permitted to sparingly show clips of the subject’s works.
Here the filmmaker took five clips ranging from 10 seconds to 54 seconds, with an average length of 26 seconds.
The second suit filed by the P was a result of the Arts & Entertainment (A&E) series “Biography.” A& E used clips from the AIP documentary in a piece about actor Peter Graves titled “Peter Graves: Mission Accomplished.” The program used 20 seconds of footage from a trailer that had been used to promote the exhibition of “It Conquered the World.” This excerpt amounted to less than one percent of A&E’s 70 minute program. The court dismissed the P’s case on a motion for summary judgment.
These cases illustrate that filmmakers may be able, under the fair use doctrine, to take short excerpts from pre-existing films without licensing the footage. Of course, it never hurts to have a license, and there is no assurance that other courts will follow these decisions.
The cases are Hofheinz v. AMC Productions, Inc., 147 F. Supp. 2d 127, 2001 U.S. Dist. LEXIS 1591 (E.D.N.Y. 2001); and Hofheinz v. A&E Television Networks, 146 F. Supp. 2d 442, 2001 U.S. Dist. LEXIS 8616 (S.D.N.Y. 2001).Any source
BORROWING FILM CLIPS DEEMED A FAIR USE
Under U.S. law it is well recognized that a writer can quote from another writer’s copyrighted work. A reviewer, for example, can quote a short passage from a book that is being reviewed. The doctrine permitting this use is known as the fair use doctrine.
While copyright principles apply to filmmakers and other authors who create copyrighted works, it has never been clear to what extent film clips can be borrowed under the fair use doctrine. The practice of many cautious producers is to license clips, even of very limited duration. Two recent federal cases shed some light on the issue, and they may encourage producers to forgo licensing short clips.
The plaintiff (P) in both cases was a person who had acquired copyrights to many movies produced by American International Pictures (AIP). In the first case, the P complained about the use of clips from AIP movies in a documentary about AIP titled “It Conquered the World” produced by the American Movie Classics (AMC) cable channel. While the P had initially agreed to accept a $36,000 license fee for use of the excerpts for cable exhibition, the P apparently changed her mind and ultimately declined to sign the license agreement. Instead, the P sought an injunction which the court refused to issue.
The judge reasoned that AMC’s use of the clips would likely be considered a “Fair use.” The court stated, “Just as a parody” needs to mimic an original to make its point... and a biographer is permitted to quote his subject, so too a documentary about two film makers should be permitted to sparingly show clips of the subject’s works.
Here the filmmaker took five clips ranging from 10 seconds to 54 seconds, with an average length of 26 seconds.
The second suit filed by the P was a result of the Arts & Entertainment (A&E) series “Biography.” A& E used clips from the AIP documentary in a piece about actor Peter Graves titled “Peter Graves: Mission Accomplished.” The program used 20 seconds of footage from a trailer that had been used to promote the exhibition of “It Conquered the World.” This excerpt amounted to less than one percent of A&E’s 70 minute program. The court dismissed the P’s case on a motion for summary judgment.
These cases illustrate that filmmakers may be able, under the fair use doctrine, to take short excerpts from pre-existing films without licensing the footage. Of course, it never hurts to have a license, and there is no assurance that other courts will follow these decisions.
The cases are Hofheinz v. AMC Productions, Inc., 147 F. Supp. 2d 127, 2001 U.S. Dist. LEXIS 1591 (E.D.N.Y. 2001); and Hofheinz v. A&E Television Networks, 146 F. Supp. 2d 442, 2001 U.S. Dist. LEXIS 8616 (S.D.N.Y. 2001).Any source
Tuesday, November 20, 2001
MEDIA HAS NO RIGHT TO BROADCAST EXECUTION
November 20, 2001
MEDIA HAS NO RIGHT TO BROADCAST EXECUTION
Last June Oklahoma City bomber Timothy McVeigh was executed. The execution was witnessed by reporters and members of the victim’s families. The execution was not transmitted over the Internet, however, despite the requests by several website operators to do so. Entertainment Network and Liveontheweb.com brought suit.
A federal court in Indiana has ruled that the plaintiffs had no right to record or broadcast an execution from within a prison. Entertainment Network, Inc. v. Lappin, 134 F. Supp. 2d 1002, 2001 U.S. Dist. Lexis 5035 (S. D. Ind. 2001).Any source
MEDIA HAS NO RIGHT TO BROADCAST EXECUTION
Last June Oklahoma City bomber Timothy McVeigh was executed. The execution was witnessed by reporters and members of the victim’s families. The execution was not transmitted over the Internet, however, despite the requests by several website operators to do so. Entertainment Network and Liveontheweb.com brought suit.
A federal court in Indiana has ruled that the plaintiffs had no right to record or broadcast an execution from within a prison. Entertainment Network, Inc. v. Lappin, 134 F. Supp. 2d 1002, 2001 U.S. Dist. Lexis 5035 (S. D. Ind. 2001).Any source
Friday, November 16, 2001
SONY DENIED INJUNCTION IN REGARD TO ZORRO
November 16, 2001
SONY DENIED INJUNCTION IN REGARD TO ZORRO
Sony was denied its request for an injunction to stop distribution of the syndicated television program “Queen of Swords.” Sony had alleged that the program infringed its copyright and trademark rights to Zorro. Sony had recently produced and distributed the feature film “The Mask of Zorro,” starring Antonio Banderas and Catherine Zeta-Jones.
Zorro is a fictional character originally created by pulp magazine writer Johnson McCulley. Movie rights were sold to Douglas Fairbanks Sr. who starred in a number of Zorro films including the silent film “The Mask of Zorro.” The copyrights to the original magazine story and the movie “The Mask of Zorro” have now expired.
Sony contended that the “Queen of Swords” TV program was similar to its “Mask of Zorro” film. The court disagreed, finding that the two were not similar in regard to the copyright protected aspects of Sony’s Zorro. The case illustrates how difficult it may be to prove infringement when another party creates material based on a public domain story or character. Sony Pictures Entertainment v. Fireworks Entertainment Group, 137 F. Supp. 2d 1177, 2001 U.S. Dist. LEXIS 4549 (C.D. Cal. 2001).
FLICKER MEDIA
Congratulations to our client Flicker Media (www.FlickerMedia.com) on its new internet advertising campaign for Hallmark. Flicker Media provides a new concept in Internet advertising: a targeted streaming ad-delivery system with on-line content and hyperlinks. The company has created ad campaigns for skateboarding magazine Beyond Extreme, as well as for Speedo, Diesel and a “Free Tibet” spot.
You can see the Hallmark Stories Flicker, "Memories" on:
www.scrapbook.com (home page)www.marthastewart.com (all channels except home page)www.iparentingstories.com (home page)Law Offices of Mark Litwak & Associates (www.marklitwak.com)Any source
SONY DENIED INJUNCTION IN REGARD TO ZORRO
Sony was denied its request for an injunction to stop distribution of the syndicated television program “Queen of Swords.” Sony had alleged that the program infringed its copyright and trademark rights to Zorro. Sony had recently produced and distributed the feature film “The Mask of Zorro,” starring Antonio Banderas and Catherine Zeta-Jones.
Zorro is a fictional character originally created by pulp magazine writer Johnson McCulley. Movie rights were sold to Douglas Fairbanks Sr. who starred in a number of Zorro films including the silent film “The Mask of Zorro.” The copyrights to the original magazine story and the movie “The Mask of Zorro” have now expired.
Sony contended that the “Queen of Swords” TV program was similar to its “Mask of Zorro” film. The court disagreed, finding that the two were not similar in regard to the copyright protected aspects of Sony’s Zorro. The case illustrates how difficult it may be to prove infringement when another party creates material based on a public domain story or character. Sony Pictures Entertainment v. Fireworks Entertainment Group, 137 F. Supp. 2d 1177, 2001 U.S. Dist. LEXIS 4549 (C.D. Cal. 2001).
FLICKER MEDIA
Congratulations to our client Flicker Media (www.FlickerMedia.com) on its new internet advertising campaign for Hallmark. Flicker Media provides a new concept in Internet advertising: a targeted streaming ad-delivery system with on-line content and hyperlinks. The company has created ad campaigns for skateboarding magazine Beyond Extreme, as well as for Speedo, Diesel and a “Free Tibet” spot.
You can see the Hallmark Stories Flicker, "Memories" on:
www.scrapbook.com (home page)www.marthastewart.com (all channels except home page)www.iparentingstories.com (home page)Law Offices of Mark Litwak & Associates (www.marklitwak.com)Any source
Monday, October 29, 2001
Upcoming Features on the Independent Film Channel (IFC)
October 29, 2001
Upcoming Features on the Independent Film Channel (IFC)
“The Poor & Hungry," an independent motion picture written and directed by our client Craig Brewer will be shown for the first time on the Independent Film Channel on November 21st. This wonderfully entertaining movie won the top prize for Best Digital Feature at the Hollywood Film Festival where it received rave reviews. It was shown at a number of other festivals and was released theatrically at the Malco Theater in Memphis, Tennessee where it has generated more than twice the receipts of competing films including "The Cell" and "Blood Simple."
"The Poor & Hungry" is a fictional story of a car thief in Memphis who falls in love with one of his victims - a young cellist. The picture features an incredible performance by actress Lindsey Roberts who is also one of our clients.
Also, showing next month on the IFC is “Mugshot” by our client by renowned photographer and illustrator Matt Mahurin. The film shared the top award at the Hampton's International Film Festival.
The Hollywood Reporter said: "Mahurin's feature debut highlights his signature camera work, which gives the effect of a quivering selective focus, granting this part thriller-part identity picture a formal intensity and authority rarely seen in otherwise economically beleaguered independent films." This visually stunning drama is the story of a white photographer whose life is taken over by one of his attackers after an amnesia-inducing mugging.Any source
Upcoming Features on the Independent Film Channel (IFC)
“The Poor & Hungry," an independent motion picture written and directed by our client Craig Brewer will be shown for the first time on the Independent Film Channel on November 21st. This wonderfully entertaining movie won the top prize for Best Digital Feature at the Hollywood Film Festival where it received rave reviews. It was shown at a number of other festivals and was released theatrically at the Malco Theater in Memphis, Tennessee where it has generated more than twice the receipts of competing films including "The Cell" and "Blood Simple."
"The Poor & Hungry" is a fictional story of a car thief in Memphis who falls in love with one of his victims - a young cellist. The picture features an incredible performance by actress Lindsey Roberts who is also one of our clients.
Also, showing next month on the IFC is “Mugshot” by our client by renowned photographer and illustrator Matt Mahurin. The film shared the top award at the Hampton's International Film Festival.
The Hollywood Reporter said: "Mahurin's feature debut highlights his signature camera work, which gives the effect of a quivering selective focus, granting this part thriller-part identity picture a formal intensity and authority rarely seen in otherwise economically beleaguered independent films." This visually stunning drama is the story of a white photographer whose life is taken over by one of his attackers after an amnesia-inducing mugging.Any source
Subscribe to:
Posts (Atom)