Entertainment
REPRESENTATIVES CASES
- Film distributor licensed the rights to distribute a U.S. motion picture in the territory of Latin America. After the Covid-19 pandemic struck, the distributor refused to pay the balance of the licensing fee, arguing that the producer’s failure to obtain a guaranteed U.S. theatrical release destroyed the value of the motion picture, and that the Covid-19 pandemic provided grounds for recission, failure of consideration, commercial frustration, force majeure, and the doctrine of impossibility.
- Film distributor paid license fee to distribute a U.S. motion picture in the territory of the People’s Republic of China. The distributor sued the producers to recover the license payment pursuant to a censorship clause in the license agreement, because the film did not pass the censorship review of the Chinese state-owned censorship entities. The producers counterclaimed for damages, alleging that the distributor did not make good faith efforts to pass censorship review.
- Writer and director for a U.S. motion picture sued for breach of contract after the producers fired him during production. The producers claimed that the writer/director breached his duty of care and failed to render services as required by the director agreement and industry custom; misrepresented his experience and ability to direct the picture; and interfered with prospective economic relations by making false and defamatory statements about the producers to potential investors.
- Breach of contract cases brought by movie studios suing overseas distribution companies over non-payment of a minimum guarantee for the right to distribute a film in foreign territories.
- Copyright infringement, trademark infringement, unfair competition, and cancellation of trademark action by comic book writer against major motion picture company and prominent comic book company for using his characters in a major motion picture and product merchandising.
- Claim by estate of famous deceased rap music artist against photographer for ownership and exploitation rights in photographs taken of the music artist.
- Music composer sued producers of U.S. motion picture for breach of contract for failing to pay “deferred fixed fee compensation” and the contingent compensation percentage of the “Producers’ share of Adjusted Gross Revenues,” as compensation for his film scoring services.
- Copyright infringement action against director of motion picture who allegedly used footage from the film he was hired to direct to create a separate film that he licensed in Europe.
- Claims for fraudulent misrepresentation and related claims brought by Grammy Award winning international recording artist against major talent agency regarding alleged compensation due from an international music tour.
- Copyright infringement action against major motion picture studio for its unauthorized use of photographs created by famous photographer for cover of DVD re-issue of iconic television series.
- Copyright infringement action against a major rap music label for unauthorized use of sound recording it licensed to a major motion picture studio for use in a film soundtrack.
- Dispute between personal managers and multi-platinum rock band over ownership of copyrights and licensing rights in sound recordings and music publishing.
- Dispute between famous pop group members and music publisher over song royalties.
- Dispute between personal mangers and reality television star over manager commissions.
- Claim by reality television performer and social media influencer against producers for compensation she allegedly generated by having her social media followers subscribe to her show on the video-on-demand network.
- Trademark claims in band names by members of prominent rock bands and rap groups against competing former band members for use of same or confusingly similar band names.
- Infringement claims brought by the estates of famous deceased actors and recording artists against alleged infringers using their name, likeness, and trademarks.
- Defamation claim against actress based on her alleged statement during radio interview that a skin treatment product causes cancer.
- Claims for misappropriation of name and likeness under Civil Code section 3344 brought by a celebrity body builder whose image was used without consent to promote vitamin and nutrition products.
- Claims for commercial misappropriation of Plaintiff’s likeness under Civil Code section 3344 and common law misappropriation. Defendant, a social media advertising business, used Plaintiff’s photograph without his consent for a banking industry client’s Facebook advertising campaign.
- Claims for misappropriation of name, photograph and likeness under Civil Code section 3344 brought by six models against a nightclub for unauthorized publication of the models’ photographs in advertisements.
- Copyright infringement claims for unauthorized use of music in motion pictures, television shows and sound recordings.