Judge SLAPPs Joe Francis, rules Playboy model's claims relevant to 'treatment of women'

By Eriq Gardner

"Girls Gone Wild" founder Joe Francis has been given a SLAPP by a Los Angeles Superior Court judge in a defamation case that stemmed from him allegedly punching a Playboy model.

Former Playmate of the Year Jayde Nicole was sued by the GGW mogul after she told TMZ that Francis "grabbed my hair and he punched me in the face ... he pushed me to the ground ... he kicked me in my stomach and my chest..."

Francis claimed Nicole had libeled and slandered him, as well as painted him in a false light. The case was somewhat ironic considering the number of times Francis has been on the receiving end of lawsuits by girls claiming exploitation.

Now judge Mark Mooney has granted Nicole's special motion to strike Francis' complaint (anti-SLAPP motions allow courts to dispose of cases on free speech grounds if they might squelch discussion of matters of public interest). Mooney ruled that Francis is "a public figure" whose treatment of young women (and the public discussion of that treatment) makes Nicole's allegations relevant to a matter of public interest. From the judge's ruling:

Forget Oscars; 'Avatar' beats 'Hurt Locker' for most-pirated crown

By Eriq Gardner

"Avatar" might have tied "The Hurt Locker" for most Oscar nominations last week (with nine apiece), but the sci-fi epic is winning in at least one category: The film once again was the most-pirated movie on the Internet last week. A DVD screener of the James Cameron pic leaked onto file-sharing networks just as the film was nominated for nine Oscars.

Oscar buzz also seems to have compelled pirates to check out "Locker," which jumped to the fourth most-pirated film last week. In our look at Oscar film piracy, we missed an interesting fact about the movie: "Locker" first leaked onto the Internet more than five months before its U.S. release date.

Here's the entire Top 10 list of most-pirated movies on BitTorrent, according to TorrentFreak:

Tyler Perry sued over 'Devil' song

By Eriq Gardner

Tyler Perry has found himself in a bit of copyright trouble lately for allegedly incorporating portions of copyrighted gospel music in his many successful shows.

In the latest case, North Carolina songwriter Johnny Tyrone Stringfield filed a $100,000 lawsuit last week in California District Court accusing Perry, TBS, and Time Warner of incorporating an entire verse of lyrics from his song "I Got Away" in Perry's hit show "Meet the Browns." According to the complaint, characters in the show sang the copyrighted song with the refrain, "The Devil thought he had me but I got away."

This is the second time that hallelujahs tuned to the prospect of deliverance have caused Perry grief. In late November, he was sued for allegedly incorporating a chorus from a gospel song in the movie "Madea Goes to Jail." 

Perry's reps didn't respond to a request for comment.

Hollywood reenactment of Prop 8 hearings (video)

By Eriq Gardner

Lawyers for media companies were disappointed with last month's ruling by the U.S. Supreme Court that barred TV cameras from filming federal court proceedings relating to the constitutionality of Proposition 8, the 2008 California ballot initiative that defined marriage as between a man and a woman.

Leave it to Hollywood to find a way around the ban.

Hollywood Docket Top 5: EMI vs. Seeqpod dismissed; Gosselin deposition; Sinatra karaoke murders

Entertainment law news this morning, now conveniently organized into the top five stories you need to care about:

• A New York District Court has dismissed a lawsuit brought by record label EMI against Seeqpod, a now-defunct search engine that let mobile users search for streamed music. The case was dismissed because of jurisdictional issues, although it appears that one of the founders reached a settlement with EMI. [Gigaom] 
• Radar Online reports that lawyers representing TLC deposed Jon Gosselin in its breach-of-contract lawsuit, and that the deposition didn't go well for Jon. As a result, the case may be headed for settlement. [Radar] 
• A case involving the piracy of the most expensive Norwegian film ever produced is headed to that country's Supreme Court. At issue is whether the film's producer can force an ISP to identify the user connected with an IP address that has been traced to the film's piracy. [Torrentfreak]
• Charlie Sheen and his wife are due in court today to answer charges of domestic violence. [AP]
• We recommend this very fascinating story about a string of murders in the Philippines related to the singing of Frank Sinatra's "My Way" in karaoke bars. [NYT]

Skid Row band dispute takes early lead in lawsuit of the year race

By Matthew Belloni

In what might be the strangest lawsuit of this young year, a drummer and self-professed sex addict who spent four years with the hair-metal band Skid Row is claiming his former bandmates are talking trash about him and preventing him from using the Skid Row name to promote himself.

Here's the first paragraph of Phil Varone's complaint against former Skid-mates David Sabo and James Southworth (aka Rachel Bolan), filed Friday in L.A. Superior Court:

Will and Jada Smith lawsuit seeks to head off film investor claim

By Matthew Belloni

Will Smith and Jada Pinkett Smith are getting out in front of an upcoming lawsuit -- by filing their own suit for declaratory relief.

The Smiths and Overbrook Entertainment filed the dec relief claim today in Los Angeles Superior Court against Tycoon Entertainment and real estate mogul David Grasso over the film "Human Contract," which Pinkett Smith wrote and directed via her production company 100% Womon.

According to the complaint, the film didn't perform as planned (IMDb says it went direct-to-DVD) and Tycoon and Grasso are now playing the "blame game" (the complaint's words) because they likely won't recoup their unspecified investment despite allegedly being promised a fat return. 

Can Nikki Finke sue HBO over Hollywood blogger show?

By Matthew Belloni and Eriq Gardner

THR reported last night that HBO is developing a show about "a powerful female online showbiz journalist with a no-holds-barred style."

Sound familiar?

We wondered what the notoriously no-holds-barred and notoriously litigious female online showbiz journalist Nikki Finke had to say about the project, currently called "Tilda" (not to be confused with Finke's trademarked catchphrase "Toldja!").

Finke hasn't returned our calls or e-mails, but she talked to Gawker this morning and -- in typical fashion -- threatened the writer with a lawsuit when he asked her thoughts.

Hollywood Docket: Comcast-NBCU hearings; Fox's litigation rampage; Kristen Stewart jury duty

Entertainment law news this morning:

• Congressional hearings on the Comcast-NBC Universal deal have involved a mix of laughter and sharp criticism. Rep. Mike Rogers offered Conan O'Brien a job. Rep. Jay Inslee called Tina Fey "America's most precious asset." Rep. Al Franken (a former NBC employee) was a bit more serious, saying he didn't trust promises made by Comcast. [THR, LAT]
• 20th Century Fox went on a litigation rampage yesterday, filing lawsuits against several dozen people that the company is accusing of selling counterfeit versions of "Wolverine" and other Fox titles on a variety of Web sites. Fox may seek $150,000 for each infringement, according to the complaints. [NYT]
• Bruce Springsteen isn't happy to be the lead plaintiff in an ASCAP lawsuit against a Manhattan bar playing his songs. [Billboard]
• Brittany Murphy's husband, Simon Monjack, says he's "ridiculously upset" over a coroner's findings that the late actress died of pneumonia, with drug intoxication and iron deficiency anemia as contributing causes. The findings will make it tough for Monjack to sue Warner Bros. for causing the death. [People]
• "Twilight" star Kristen Stewart was a member of an L.A. jury this week that found a man not guilty for soliciting a prostitute. [TMZ] 

Oscar screener piracy: The good and the bad news

By Eriq Gardner

Andy Baio is an enterprising journalist and technologist who has done some fascinating work over the years tracking how Oscar films are pirated. On Wednesday, he released his latest piracy figures showing historical trends from 2003 to 2010. His conclusion: "The tide may be turning" against Oscar piracy, he wrote.

Baio points out that fewer Oscar screeners leaked this year. Even more surprising, the median time between the U.S. release of an Oscar-nominated film and the leak date (whether by screener leak, camcorder leak, retail DVD leak, etc.) grew. Take a look at this chart he put together:

Robin Williams loses $6 million pay-or-play lawsuit over 'Cop Out'

By Matthew Belloni

Robin Williams has fired blanks in his lawsuit against Gold Circle Films over an alleged $6 million pay-or-play deal to star in "Cop Out" (formerly titled "A Couple of Dicks").

Williams' loan-out company Fiat Risus sued Gold Circle in October 2008 in Los Angeles Superior Court claiming the actor was hired to star in the action-comedy before Gold Circle put the movie in turnaround. Warner Bros. ended up making the film with Bruce Willis and Tracy Morgan and will release it Feb. 26.

In defending the lawsuit, Gold Circle claimed it never finalized a deal with Williams and presented evidence that its business affairs exec Adam Mehr sent an e-mail to the Williams camp saying the company "did not agree to all of the terms set forth in the Deal Memorandum," according to today's ruling by Judge Joanne O'Donnell. That and other evidence was enough for O'Donnell to grant Gold Circle's motion for summary judgment, effectively ending the case.

Here's the decision and the original complaint.

"It's unfortunate that Robin Williams' attorneys insisted on pursuing this lawsuit when it never should have been filed in the first place," said Gold Circle lawyer Michael Holtz, who handled the case with Lavely & Singer partner Marty Singer. "We always believed this case lacked merit, and the court obviously agreed. Based on the court's ruling, we intend to seek recovery of Gold Circle's costs and attorneys' fees."

Williams' lawyers at Manatt Phelps & Phillips did not return a call seeking comment.

Lucasfilm sues to stop 'Skywalker' billboards

By Eriq Gardner

The galactic empire known as Lucasfilm has zeroed in on a threat in its airspace — an intruder with the audacity to hang big billboards in and around Chicago under the flagship "Skywalker Outdoor."

Lawyers for the George Lucas company are using a potent brand-zapping canon known as a trademark infringement lawsuit. In a complaint filed yesterday in Illinois District Court, Lucasfilm claims Skywalker Outdoor is improperly using its Skywalker mark in connection with a billboard advertising business, including displaying signage bearing the Skywalker mark promoting the company.

According to the complaint, Lucasfilm previously warned Skywalker Outdoor about misuse of the mark, and the company agreed in 2007 to stop using the name after a one-year grace period.

Judge slaps Sumner Redstone in Midway Games bankruptcy

By Eriq Gardner

U.S. Bankruptcy Court Judge Kevin Gross has just dismissed claims that Sumner Redstone, as well as other former directors of Midway Games, breached their duty to stakeholders and engaged in fraudulent transfers of Midway's assets.

But Gross wasn't very kind to the Viacom topper, who was Midway's controlling shareholder until he sold his stake in the company for $100,000.

"The decision is not an endorsement of any of the defendants' actions," Gross wrote in his ruling. "The defendants oversaw the ruin of a once highly successful company, only to hide behind the protective skirt of Delaware law, which the court is bound to apply."

Ruling on Men at Work's 'Down Under' causes men to chunder

By Eriq Gardner

Thanks to a catchy hook and exotic Aussie flair, Men at Work's 1980s song "Down Under" became an international sensation and the pride of the country. But a ruling by the Australian Federal Court today that the tune's flute riff incorporated a copyrighted children's song from the 1930s has the nation saying "You better run, you better take cover."

Colin Hay, the band's lead singer, has already admitted that its flautist used two bars of a 1930s folk song called "Kookaburra Sits in an Old Gum Tree." The testimony was enough to lead Justice Peter Jacobson to rule that the band plagiarized, opening up the possibility that the Men at Work, Sony BMG and EMI Songs might have to fork over up to $60 million in royalties to Larrikin Music Publishing, the rights-holder of "Kookaburra."

Hollywood Docket: Landmark copyright ruling; Wal-mart vs. Redbox; 'Avatar' screener leaks

Entertainment law news this morning:

• In the first judgment of its kind, an Australian judge has ruled that a local ISP is not liable for illegal downloads by its customers. The decision is a big blow to the studios, which included Warner Bros., Disney, Paramount, Columbia and Fox. [THR]
• Public policy advocates have submitted written testimony in opposition to Comcast's acquisition of NBC Universal. Congressional hearings are being held today and streamed online live. [LAT/ CSPAN] 
• This week, Wal-mart put into effect a DVD purchase cap on new releases, limiting customers to no more than five DVD new-release purchases at a time. The move is in reaction to studio concerns over acquisition of titles by cut-rate kiosk vendor Redbox, which is battling the majors in court. [Mashable]
• Italy lawmarkers are considering new legislation to make YouTube and other video channels liable for copyright infringement by their users. [Music Week] 
• The American Assn. of Advertising Agencies is urging its members to adopt contract language that reflects ad agencies' right to retain creative ideas presented during new-business pitches. Intellectual property litigation among agencies has been escalating in recent months. Take the recent lawsuit over TV product integration as an example. [Ad Age] 
• An "Avatar" DVD screener has leaked onto the Web, although reviews about the quality aren't kind. [NY Mag] We previously asked: Is 'Avatar' really immune from piracy?
  

Staffing: Bloom ups Schenkman; 2 join Sheppard Mullin; Ziffren bets on Black

Recent entertainment law hires and promotions:

• Talent dealmaker Michael Schenkman (right) has been elevated to name partner at the Bloom Hergott boutique in Beverly Hills. The firm will now be known as Bloom Hergott Diemer Rosenthal LaViolette Feldman Schenkman & Goodman.
• Pam Black joined Ziffren Brittenham about a month ago. She was vp business affairs on the network television side at NBC Universal, and before that was a corporate dealmaker at Gibson Dunn & Crutcher.
• Speaking of Gibson, the firm has promoted film finance lawyer Stephen Tsoneff to partner. He repped New Line in its $350 million slate deal with Royal Bank of Scotland.
• Kelly Crabb (right) and Rick Kopenhefer have joined Sheppard Mullin Richter & Hampton in Los Angeles as partners. Crabb, a sports and media specialist, was previously with Morrison & Foerster. Kopenhefer, who focuses on labor issues, was previously with McDermott Will & Emery.
• We're a little late to this announcement, but AJ Brandenstein has made partner at the Sloane Offer Weber & Dern boutique. He's a talent dealmaker.
• And finally, O'Melveny & Myers has beefed up its entertainment practice with Adam Sullins, formerly with Upper Deck.

Send announcements to matthew.belloni@thr.com and we'll include them in a future Staffing round-up.

Hollywood Docket: Comcast-NBCU hearings; E! trademark fight; Seacrest stalker

Entertainment law news this morning:

• Comcast CEO Brian Roberts and NBC Universal CEO Jeff Zucker released their written testimony in advance of hearings tomorrow at Congress. They confirm that the joint venture will retain the NBCU name and defend the merger as benefitting consumers. [Paid Content]
• The 9th Circuit has affirmed the denial of an injunction sought by E! Entertainment against Entertainment One for trademark infringement. The court ruled that the parties' marks aren't similar and don't compete with the same goods or services. [Seattle Trademark Lawyer]
• And speaking of E!, host Ryan Seacrest's stalker was back in court yesterday, pleading not guilty to harassing the ubiquitous media presence. (NY Post)
• The FTC is going after an entertainment Web site it says is a scam to trick customers into thinking they can get jobs as movie extras paying up to $300 per day. The agency seeks a restraining order and an injunction in Florida district court. [CNS] 
• A New York district court judge has dismissed a four-year-old case against a woman who the record industry claimed was a "massive" online distributor of music but who claimed she had never turned on a computer in her life. The case was notable more for the heated rhetoric between the parties than anything else. [Recording Industry v. The People]
• Because Iran doesn't have any copyright agreements with the U.S., J.D. Salinger couldn't stop a film adaptation of Franny and Zooey from being made there. [NY magazine] 

Jill Scott sued by record label for undelivered albums

By Matthew Belloni

R&B superstar Jill Scott was sued this morning by her longtime record label, which is accusing the multi-platinum songstress of skipping out halfway through a six-album contract and potentially owing millions of dollars in damages.

The lawsuit, filed in Los Angeles Superior Court by L.A.-based Hidden Beach Records, claims that the label and its founder, Steve McKeever, helped launch Scott's career and nurtured her into a Grammy-winning singer-songwriter but was unceremoniously dumped in October after a 10-plus year relationship.    

"Hidden Beach is shocked by her decision not only because Scott has apparently chosen to leave the Hidden Beach family," the complaint reads, "but also because Scott is contractually required to deliver three more albums to Hidden Beach."

'MacGyver' creator wants to stop 'MacGruber' film

By Matthew Belloni

A downright explosive fight has broken out between the creator of the "MacGyver" television series and the producers of "MacGruber," the Will Forte parody film set to hit theaters in April.  

Lee Zlotoff, who created the 1985-92 ABC series about a resourceful secret agent who uses science to escape precarious situations, retained the right to make a movie based on the show via his "separated rights" under WGA rules. THR reported last March that New Line is developing a "MacGyver" movie, with Zlotoff, Raffaella De Laurentiis and Martha De Laurentiis producing. Months later, THR reported that Relativity Media was moving forward with "MacGruber," a comedy based on the popular "Saturday Night Live" segments featuring cast members Forte and Kristen Wiig. Universal will distribute the Jorma Taccone-directed film.

The "MacGruber" movie didn't sit well with Zlotoff, whose attorney began sending cease-and-desist letters to Relativity execs.   

Steven Tyler threatens to sue if he's booted from Aerosmith

By Eriq Gardner

UPDATED: Steven Tyler still wants to be the lead singer of Aerosmith and has asked his lawyer to make it happen.

Skip Miller at L.A.'s Miller Barondess recently sent a letter to Aerosmith's management that demands the band cease any plans to replace Tyler as frontman, according to Billboard. In the letter, Miller writes, "We reserve all of our legal rights and remedies in this matter, including, without limitation, pursuing legal action for damages and other appropriate relief."

If Tyler goes to court over the band's name, he wouldn't be the first. Members of the Beach Boys spent seven years in litigation before finally reaching a settlement. Recently, the estate of '90s ska-punk band Sublime lead singer Bradley Nowell got an injunction preventing other members of the band from performing under the Sublime name.

Most of these claims are predicated on trademark grounds. A search at the USPTO's Web site reveals that the trademark rights to Aerosmith are held by Rag Doll Merchandising, Inc.  (likely a reference to the band's 1987 classic "Rag Doll").

Miller is calling for a meeting of Aerosmith's shareholders on Feb. 9 to discuss the band's future, including a new album and tour.

UPDATE: We're told that if Tyler sues, he'll focus on corporation issues rather than trademark claims.

Hollywood Docket: 'Lost' leak; JD Salinger 'Catcher' lawsuit; 'Real Housewives' libel

Entertainment law news while we're digesting Oscar nominations:

• ABC executives say they're surprised that many fans of "Lost" have refused to watch an online leak of the season premiere. Users of social network sites are voting to "bury" the video in an attempt to heighten the experience of watching the show on a high-quality platform. [THR]
• Sony cites piracy as a factor in laying off 6.5% of its studio workforce, many in the home video divisions. [THR]
• J.D. Salinger's legal battle against an unauthorized sequel to "Catcher in the Rye" will continue even after the author's death. A successor trustee will soon be appointed and make decisions on whether to move forward as a plaintiff in the case. [IP Entertainment & Law]
• The 1st Circuit has ruled that a state court lawsuit over the transfer of a copyrighted song was not preempted by the federal Copyright Act because the transfer wasn't in writing and the rights to the song could be terminated regardless of state contract law. [Copyright Law Blog]
• A cast member of "The Real Housewives of Orange County" is being sued for libel and slander by a man who claims he dated her during taping of the show while she was engaged to another man. [CNS] 
• 224 Entertainment claims in a new lawsuit that Overnight Prods. owes it more than $1 million and film credits for work on surety services and bridge financing for the film "Machete." [CNS] 
• A rundown of the Top 10 contract disputes in Hollywood history. [Business Insider] 

Rejected Super Bowl ads: What's too racy for TV? (videos)

By Eriq Gardner

UPDATED: What's a better value: spending $3 million plus production costs to air a 30-second ad during the Super Bowl or saving that $3 million when standards and practices lawyers at CBS reject the ad and everyone talks about the commercial anyway?

We're sensing that this year's most effective use of "ambush marketing" once again involves submitting an ad that's too racy for television. Ever since CBS raised eyebrows for its decision to run a pro-life commercial starring Tim Tebow, all those commercials not making the cut have been getting a good amount of buzz. At this rate, networks that televise the Super Bowl in the future may need to impose greater application fees and deposits so advertisers don't abuse the process to score cheap publicity.

Here are some of the ads that have been rejected this year by CBS:

Hollywood Docket: Vivendi class action win; News Corp.'s $500 million settlement; 'Sherlock' tops most-pirated list

Entertainment law news this morning:

• Shareholders have scored a huge class action victory against Vivendi that could net up to $9 billion in damages. The shareholders had accused the French entertainment giant of misstating its financial health in 2001 and 2002. The verdict, the biggest ever in a securities-fraud trial, amounted to $4 billion in potential actual damages plus up to $5 billion in prejudgment interest. [WSJ]
• In other big-payday news, News Corp. has agreed to a $500 million deal with Valassis Communications to settle claims over unfair competition and tortious interference in the inserts and coupon business. The settlement covers $300 million awarded to Valassis in July in a Michigan circuit court, a case that was set for trial on Tuesday in Michigan federal court, and another case in California. [THR]
• "Sherlock Holmes" was the most pirated movie last week, followed by "Daybreakers," "The Men Who Stare at Goats," "Zombieland," and "The Book of Eli." [TorrentFreak]
• A 53-year-old grandmother had her Internet access cut off over accusations of repeated copyright abuse. The woman told her ISP she has never downloaded a movie in her life and she would never steal "South Park." An Internet security company says it may be possible that the woman forgot to secure her wireless network, which could raise some interesting legal issues. [CNET]
• U.S. copyright law has an exemption to restrictions for TV screens larger than 55 inches. Will your big-screen Super Bowl party violate copyright law? (No) [Ars Technica] 

Sly Stone claims ex-manager cost him $80 million

By Eriq Gardner

It's not uncommon for a musicians to accuse their managers of cheating them out of money, but few complaints come close to the scope of allegations made by funk and soul pioneer Sly Stone against ex-manager Gerald Goldstein on Thursday in Los Angeles Superior Court.

According to the complaint, Stone alleges that Goldstein diverted about $80 million in royalties, leaving him "to live hand to mouth, at times homeless and dependent on social security payments."

Stone says that in 1989, he signed what he believed to be a standard management agreement, but the document was allegedly a contract allowing Goldstein to take over all the rights to collect his royalties. For the next 20 years, the musician says he was told there were little or no royalties due and that the IRS had placed liens and levies on his income.

Rolling Stone wins appeals court ruling on press freedom

By Eriq Gardner

An appeals court has just handed down a victory for news organizations, affirming that the First Amendment gives publications wide latitude to publish feature spreads next to advertisements that may be distasteful to those being profiled.

The case involves 186 indie musicians who sued Rolling Stone magazine after being spotlighted in an "Indie Rock Universe" feature within a Camel cigarettes advertising spread. A very entertaining lawsuit was filed in 2007 that alleged that the publication made an "unauthorized use of artist names for commercial advantage."

Last year, a trial court reached the surprising conclusion that Rolling Stone had "inextricably entwined" the Indie Rock Universe feature with the Camel ad. The decision threatened to classify some magazine, newspaper and Web content as commercial speech with diminished First Amendment protection.

Hollywood Docket: iPad trademark fight ; UMG vs. Grooveshark details; China's friend of copyrights

Entertainment law news this morning:

• Comcast has submitted a 145-page application to the FCC for a requested transfer for licensees of NBC Universal's 26 television stations and makes the case that the merger won't be anti-competitive. Comcast also made a commitment to invest in the NBC broadcast business, vowing to make it more viable and innovative. Like Jay Leno at 10 p.m.? [THR]
• The trademark fight over the "iPad" mark has been going on for years, even before Apple announced its long-awaited device. Fujitsu has been selling its own iPad since 2002 and registered for the mark in 2003. A company called Magtek also claims registration over IPAD. [NYT]
• U.S. Senator Patrick Leahy is introducing a new bill to reform the USPTO that will require the Department of Commerce to study whether large corporations are misusing trademark laws to harass small businesses by exaggerating the scope of their trademark protection. [Las Vegas Trademark Attorney] 
• Prospects for a reporters' shield law may have been bolstered with the election of new Massachusetts Senator Scott Brown, who previously tried to introduce a reporters' shield law in his state. [Media Law]
• The details of Universal Music Group's lawsuit against Grooveshark earlier this month are coming to light and reveal that the company is targeting pre-1972 content, before recordings were protected by federal Copyright Act. [Digital Music News]
• A popular Chinese video Web site announced it has deleted all non-copyrighted European and American video content uploaded by users and is embarking on a copyright cooperation program with nearly 100 producers and copyright parties. [IP Today]
• The Smoking Gun has posted court documents perhaps showing John Edwards' ex-mistress is trying to stop a sex tape featuring the former presidential candidate. [TSG]
• Remember the last episode of "Seinfeld" where the gang was put on trial for not being good Samaritans? What seemed ridiculous at the time has now become reality in California. [AP]