Bit Parts

The U.S. District Court for the District of Kansas has denied summary judgment to Hallmark Hall of Fame Productions and its wholly owned subsidiary McGee Street Productions in a negligence suit filed by a repair company employee injured on the set of a film production. Cuiksa v. Hallmark Hall of Fame Productions Inc., 00-1389. The district court held that questions of fact remained regarding whether McGee was a 'special employer' that would require the plaintiff to seek recovery solely under the Kansas Workers' Compensation Act, whether McGee was the alter ego of Hallmark, and whether Hallmark and McGee were involved in a joint venture.

'Hard Copy' Defamation Ruling Reversed

The Court of Appeals of Texas, Eleventh District, has reversed and remanded a summary judgment that had been issued in favor of defendant Paramount Pictures in a defamation suit over a segment of the 'Hard Copy' TV program. Allied Marketing Group Inc. v. Paramount Pictures, 11-01-00240. Paramount had believed that it the name 'Sweepstakes Clearing House' that it used for an investigative piece on sweepstakes scams was fictional. But the district court ruled, among other things, that some viewers of 'Hard Copy' could believe that the segment referred to the plaintiff's Sweepstakes Clearing House, which the plaintiff had operated since 1984. Also, the court noted, a defamation plaintiff isn't required to show that a defendant intended to refer to it. Instead, the issue is whether the alleged defamatory work could be seen as 'of and concerning' the plaintiff.

Phrase at Issue

The U.S. District Court for the Eastern District of Louisiana has decided that genuine issues of material fact exist as to whether the phrase 'back that ass up' is copyrightable. Positive Black Talk Inc. v. Cash Money Records Inc., 02-0425. The plaintiff, which released the recording 'Back That Ass Up' by D.J. Jubilee, had sued the defendant over the release of 'Back That Azz Up' by Juvenile. (The suit is over the phrase, rather than its use as a title, which the parties acknowledged isn't copyrightable.) Subsequently, a jury found no infringement.

Parker Poem Compilation Infringed.

A Manhattan federal court has held that the book publisher Penguin Putnam infringed on the plaintiff's compilation of 'Not Much Fun: The Lost Poems of Dorothy Parker.' Silverstein v. Penguin Putnam Inc., 01-309. Stuart Silverstein had presented his collection to Penguin Putnam but rejected the publisher's financial offer. The district court first found that Silverstein's 'selection, arrangement and coordination [of the compilation] reflect a substantial amount of creativity and judgment meeting the minimum requirement for originality' under copyright law. The court also noted that Penguin Putnam's subsequent release 'Dorothy Parker: Complete Poems' included cutting and pasting and the duplication of errors from Silverstein's work. The court then ruled that Penguin Putnam's failure to attribute Silverstein in 'Complete Poems' amounted to reverse passing off in violation of the federal Lanham Act.

'PJs' Suit Dismissed

The U.S. District Court for the Northern District of Illinois, Eastern Division, has dismissed a suit against Eddie Murphy, Ron Howard, Brian Grazer and several additional entertainment defendants, brought by an individual who claimed to be the inspiration for the 'foamation' character 'Sanchez' in the FOX Network cartoon series 'The PJs.' Collier v. Murphy , 02 C 2121. The district court ruled, among other things, that the Illinois Right of Publicity Act 'clearly and unambiguously' exempted artistic works, such as TV shows, from its reach.

Film-Set Injury Suit Continues

The U.S. District Court for the District of Kansas has denied summary judgment to Hallmark Hall of Fame Productions and its wholly owned subsidiary McGee Street Productions in a negligence suit filed by a repair company employee injured on the set of a film production. Cuiksa v. Hallmark Hall of Fame Productions Inc., 00-1389. The district court held that questions of fact remained regarding whether McGee was a 'special employer' that would require the plaintiff to seek recovery solely under the Kansas Workers' Compensation Act, whether McGee was the alter ego of Hallmark, and whether Hallmark and McGee were involved in a joint venture.

'Hard Copy' Defamation Ruling Reversed

The Court of Appeals of Texas, Eleventh District, has reversed and remanded a summary judgment that had been issued in favor of defendant Paramount Pictures in a defamation suit over a segment of the 'Hard Copy' TV program. Allied Marketing Group Inc. v. Paramount Pictures, 11-01-00240. Paramount had believed that it the name 'Sweepstakes Clearing House' that it used for an investigative piece on sweepstakes scams was fictional. But the district court ruled, among other things, that some viewers of 'Hard Copy' could believe that the segment referred to the plaintiff's Sweepstakes Clearing House, which the plaintiff had operated since 1984. Also, the court noted, a defamation plaintiff isn't required to show that a defendant intended to refer to it. Instead, the issue is whether the alleged defamatory work could be seen as 'of and concerning' the plaintiff.

Phrase at Issue

The U.S. District Court for the Eastern District of Louisiana has decided that genuine issues of material fact exist as to whether the phrase 'back that ass up' is copyrightable. Positive Black Talk Inc. v. Cash Money Records Inc., 02-0425. The plaintiff, which released the recording 'Back That Ass Up' by D.J. Jubilee, had sued the defendant over the release of 'Back That Azz Up' by Juvenile. (The suit is over the phrase, rather than its use as a title, which the parties acknowledged isn't copyrightable.) Subsequently, a jury found no infringement.