Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Cameo Clips

By ALM Staff | Law Journal Newsletters |
January 28, 2008

FILM PRODUCTION/ARBITRATION

The California Court of Appeal, Second District, decided that an arbitration provision in two producer loan-out contracts for the animated film 'Dinotopia: Quest for the Ruby Sunstone' applied to an additional agreement containing a production fee. Answar Ltd. V. Bold Entertainment LLC, B194924. An arbitrator had awarded $75,000, interest, attorney fees and costs to Bold Entertainment, owned by producers Jonathan Dern and Paul Sabella. The court of appeal noted in an unpublished opinion: 'The loan-out contracts for Mr. Dern's and Mr. Sabella's services, the contractual obligation to pay each of them a producer's fee, and the agreement to pay a production company fee, were all part of substantially one transaction whereby plaintiff hired them to produce the film. Therefore, the arbitration clauses in the loan-out agreements governed the entire transaction including the production company fee dispute. ' On a separate but related point, it is undisputed and plaintiff concedes the expansive language in the loan-out contracts concerning arbitration ('any and all disputes arising out of or in connection with') is sufficiently broad to cover the production company fee dispute.


RIGHTS IN BAND NAMES/LACHES DEFENSE

The U.S. District for the Western District of Washington ruled that laches barred a suit, by a band that has performed as the 'Wailers' since 1959, against members of the internationally known 'Wailers' co-founded by the late reggae star Bob Marley in 1964. Ormsby v. Barrett, CV07 5305 RBL. The plaintiffs obtained federal registration for 'Wailers' from the U.S. Patent and Trademark Office in 2003 and filed suit in 2007, alleging infringement and dilution, among other things. The defendants argued the plaintiffs knew of the defendants' use of 'Wailers' at least since the 1970s, when a fan of the plaintiffs' had asked if the plaintiffs 'backed up Bob Marley.'

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

How AI Has Affected PR Image

When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.

New York's Latest Cybersecurity Commitment Image

On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.