Written by Ted Gerdes on June 14th, 2011
Each year, the global entertainment industry generates literally thousands of new works in a growing range of media—from television and films to computer and video games. This rapid expansion of content adds a new dimension of challenge for the intellectual property (IP) legal professionals tasked with clearing and protecting entertainment titles for use in the marketplace.
To gain a better understanding of the entertainment trends and their impact on title searching and clearing, we spoke to Ted Gerdes of Gerdes Law in Los Angeles. Mr. Gerdes has extensive experience working with entertainment companies in the U.S., traditional heart of the film and television industry, and internationally.
Click here to read more about this article: http://thenewsaegis.com/PDF/entertainment_casestudy.pdf
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Written by Ted Gerdes on March 29th, 2011
What exactly is the copyright infringement project? It’s a project that is sponsored by the UCLA intellectual Property Project & Columbia Law School to make universally available information about U.S. music copyright infringement cases from the mid-nineteenth century forward available for research and discussion.
It’s a great website to learn more information about past and current cases. Click here to learn more: http://cip.law.ucla.edu/
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Written by Ted Gerdes on October 22nd, 2010
“It’s vegetable plagiarism,” Jerry Seinfeld joked on the Late Show With David Letterman. Mushed-up carrots hiding in a casserole and broccoli buried in chicken nuggets are one thing, while plagiarism is another, as Missy Chase Lapine learned when her lawsuit against Jessica Simpson for her book, Deceptively Delicious: Simple Secrets to Get Your Kids Eating Good Food, was thrown out by a federal judge in Manhattan in September of 2009. In April of 2010, the U.S. Court of Appeals, Second Circuit, upheld the original decision, denying the plaintiffs’ claims of copyright infringement, trademark infringement, and trademark dilution. Click here to read more …
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Written by Ted Gerdes on October 15th, 2010
A few weeks ago I posted a blog (Will “fair use” transform political campaign ads?) that addressed several recent claims made by composers against political candidates who used the composers’ music with new lyrics to bash their opponents. But what happens if a candidate uses an opponent’s own composition in a political video against him? Will a court rule this to be a legitimate parody or protected political speech? Click here to read more …
Posted in Copyright, Ethics in Media, Fair Use | 1 Response »
Written by Ted Gerdes on October 8th, 2010
Catfish is a successful and much discussed documentary. It’s rare to find a documentary becoming a financial success, but to date this film has grossed 1.6 million and the buzz around it is still generating momentum. A theatrction film is in itself a rare prize. However, with success often comes controversy. Click here to read more …
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Written by Ted Gerdes on October 1st, 2010
The misguided parody and fair use action discussed below illustrate the “transformation” application of “fair use” and its relationship to political censorship. A crucial question asked by the courts is whether a new work transforms what it borrows from the original. Click here to read more …
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Written by Ted Gerdes on September 17th, 2010
Journalists, documentary producers, writers of non-fiction, and bloggers must make absolutely sure that if they are going to publish something, they should have the complete work so they understand the whole meaning of what is being said. Otherwise, they are likely to wind up putting words into someone’s mouth that can result in a lawsuit. Click here to read more …
Posted in Blogging, Clearance, Copyright, Documentaries, Journalism | No Responses »
Written by Ted Gerdes on September 10th, 2010
Can you say anything you want in a blog? If you think the answer is yes, you’re looking for trouble.
Initially, the Internet felt like a new frontier where all the rules were off. It probably seemed that way because many of the first adapters shared an attitude of “anything goes.” It’s not that rules didn’t exist, but no one cared or had the funds to enforce them. Therefore, the rules and consequences that are in place today were largely ignored. Click here to read more …
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Written by Ted Gerdes on September 3rd, 2010
Bloggers, documentary filmmakers, and non-fiction writers beware! The simple edit of an interview or a news clip can turn the meaning of what is being said on its head. It’s vital to pay attention to the personal damage that can result from recklessly publishing statements about an individual without thought of the potential consequences to that individual. Just ask Andrew Breitbart. Click here to read more …
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Written by Ted Gerdes on August 20th, 2010
In a recent suit filed against Fox News Network, Media2 Air, Inc. and FAME Pictures, Inc. allege that Fox News used their copyrighted footage of Brad Pitt unable to control his motorcycle. They claim to have the only footage of Mr. Pitt’s motorcycle mishap and licensed it to others with strict limitations on its use. They allegedly offered a license to Fox as well, but Fox was not interested at the time. Fox then apparently took the work from one of the licensed websites and broadcast it on Bill O’Reilly’s show. To no one’s surprise, Fox claimed “fair use” because O’Reilly used the Pitt clip to criticize the paparazzi. Click here to read more …
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