Bit Parts

Book Publishing/Personal Juris- diction. The U.S. District Court for the Eastern District of Pennsylvania decided that it lacked personal jurisdiction over representatives of the Rolling Stones in a suit by author Marilou Regan, who claimed the defendants withdrew support for her book, 'Love You Live, Rolling Stones: Fanfare
from the Common Fan.' Regan v. Lowenstein, 06-0579. Regan alleged she received promises of a book forward from the band, exclusive material, and help with promotion and writing, but that the defendants later demanded the material be returned and refused to promote Regan's book. Regan's complaint included claims for breach of contract, copyright infringement and defamation. The district court noted: 'Other than responding to Plaintiff's request for Defendants' support of her book, Defendants did not solicit the contract or initiate a business relationship leading up to the contract ' [T]he minimal exchange of communications between the parties cannot be characterized as purposeful or deliberate conduct specifically directed toward the forum state.' ' Copyright Infringement/Prelim-inary Injunctions. The U.S. District Court for the District of Columbia refused to grant a copyright-infringement plaintiff's request to preliminarily enjoin further exploitation of the film or derivative works of 'Brokeback Mountain.' Scott-Blanton v. Universal City Studios Productions LLLP, 07-0098(RMU). According to the court, 'the defendants' copyrighted works ' containing much, if not all, of the alleged infringing material ' preceded the publication of the plaintiff's novel. In her motion for a preliminary injunction, the plaintiff argues that the defendants had access to the plaintiff's novel ['My Husband is on the Downlow and I Know About It'] because one of the defendants, [screenplay co-author] Larry McMurtry, owned three bookstores at the time the plaintiff's novel was published ' Therefore, the plaintiff asserts that the defendants had access to the novel nine months before Brokeback Mountain the motion picture was released. This assertion, while perhaps correct, is irrelevant to the operative legal question of whether the defendants' previously copyrighted works contain the content at issue.' ' Right-of-Publicity Claims/Insurance. The U.S. Bankruptcy Court for the District of Arizona ruled that an insurer didn't have an obligation to defend or indemnify the companies of comic-book creator Todd McFarlane against right-of-publicity claims by hockey player Tony Twist, who won a jury verdict against McFarlane. In re
Todd McFarlane Productions Inc (TMP), 06-804. TMP's policy with Lumbermens Mutual Casualty Co. included coverage of advertising-injuries that violated rights of
privacy. The bankruptcy court found that neither McFarlane's published response to a reader regarding Twist, nor character licenses that included McFarlane's 'Tony Twist' character but not Twist's name, constituted the 'use of the name Tony Twist as symbol of his identity.' ' Theatrical Productions/Personal Jurisdiction. The U.S. District Court for the Southern District of New York ruled it had personal jurisdiction over a Florida regional theatre sued by the New York owner of the theatrical rights to 'On Golden Pond.' JFP Touring LLC v. Polk Theatre Inc., 07-CV-3341 (CM)(RLE). The parties negotiated a signed engagement memorandum but an unsigned engagement agreement. JFP filed suit after Polk Theatre decided not to present its production or pay the negotiated fees. In finding jurisdiction, the district court explained: 'The subject matter of the contract is indisputably the presentation of On Golden Pond, a show that is ' according to [JFP President Jeffrey] Finn's affidavit ' the product of theatre talent and expertise unique to New York ' Second, the terms of the Engagement Memorandum clearly state that the Theatre's performance consisted in part of paying all compensation due JFP into its JP Morgan Chase Bank account in New York ' Third, the Engagement Memorandum further requires the Theatre to obtain JFP's approval regarding the Theatre's proposed advertising and marketing campaigns ' That approval would have come from New York ' Additionally, although the precise nature of the negotiations that took place between Polk Theatre, Avid [JFP's exclusive U.S. agent for booking 'On Golden Pond' productions], and a New York theatrical union, are not discussed in detail, it is evident that some such discussion took place, which resulted in the New York union's permitting the Theatre to use a cheaper, non-union crew for the show's load-in.' ' Video-Game Statutes/Constitutionality. The U.S. District Court for the Northern District of California permanently enjoined as unconstitutional Calif. Civ. Code 1746-1746.5, which banned the rental or sale to minors of video games
with violent content. Video Software Dealers Association v. Schwarze-
negger, C-05-04188 RMW. The district court noted: 'Although some reputable professional individuals and organizations have expressed particular concern about the interactive nature of video games, there is no generally-accepted study that supports that concern. There has also been no detailed study to differentiate between the effects of violent videos on minors of different ages.

UPCOMING EVENTS

Texas Bar 17th Annual Entertainment Law Institute, Austin, Oct. 11-12. For further information: 800-204-2222 or 512-427-1463; www.texasbarcle.com. ' American Bar Association Annual Forum on the Entertainment and Sports Industries, New York, Oct.12-13. For further information: 312-988-5658; www.abanet.org/forums/entsports.

Book Publishing/Personal Juris- diction. The U.S. District Court for the Eastern District of Pennsylvania decided that it lacked personal jurisdiction over representatives of the Rolling Stones in a suit by author Marilou Regan, who claimed the defendants withdrew support for her book, 'Love You Live, Rolling Stones: Fanfare
from the Common Fan.' Regan v. Lowenstein, 06-0579. Regan alleged she received promises of a book forward from the band, exclusive material, and help with promotion and writing, but that the defendants later demanded the material be returned and refused to promote Regan's book. Regan's complaint included claims for breach of contract, copyright infringement and defamation. The district court noted: 'Other than responding to Plaintiff's request for Defendants' support of her book, Defendants did not solicit the contract or initiate a business relationship leading up to the contract ' [T]he minimal exchange of communications between the parties cannot be characterized as purposeful or deliberate conduct specifically directed toward the forum state.' ' Copyright Infringement/Prelim-inary Injunctions. The U.S. District Court for the District of Columbia refused to grant a copyright-infringement plaintiff's request to preliminarily enjoin further exploitation of the film or derivative works of 'Brokeback Mountain.' Scott-Blanton v. Universal City Studios Productions LLLP, 07-0098(RMU). According to the court, 'the defendants' copyrighted works ' containing much, if not all, of the alleged infringing material ' preceded the publication of the plaintiff's novel. In her motion for a preliminary injunction, the plaintiff argues that the defendants had access to the plaintiff's novel ['My Husband is on the Downlow and I Know About It'] because one of the defendants, [screenplay co-author] Larry McMurtry, owned three bookstores at the time the plaintiff's novel was published ' Therefore, the plaintiff asserts that the defendants had access to the novel nine months before Brokeback Mountain the motion picture was released. This assertion, while perhaps correct, is irrelevant to the operative legal question of whether the defendants' previously copyrighted works contain the content at issue.' ' Right-of-Publicity Claims/Insurance. The U.S. Bankruptcy Court for the District of Arizona ruled that an insurer didn't have an obligation to defend or indemnify the companies of comic-book creator Todd McFarlane against right-of-publicity claims by hockey player Tony Twist, who won a jury verdict against McFarlane. In re
Todd McFarlane Productions Inc (TMP), 06-804. TMP's policy with Lumbermens Mutual Casualty Co. included coverage of advertising-injuries that violated rights of
privacy. The bankruptcy court found that neither McFarlane's published response to a reader regarding Twist, nor character licenses that included McFarlane's 'Tony Twist' character but not Twist's name, constituted the 'use of the name Tony Twist as symbol of his identity.' ' Theatrical Productions/Personal Jurisdiction. The U.S. District Court for the Southern District of New York ruled it had personal jurisdiction over a Florida regional theatre sued by the New York owner of the theatrical rights to 'On Golden Pond.' JFP Touring LLC v. Polk Theatre Inc., 07-CV-3341 (CM)(RLE). The parties negotiated a signed engagement memorandum but an unsigned engagement agreement. JFP filed suit after Polk Theatre decided not to present its production or pay the negotiated fees. In finding jurisdiction, the district court explained: 'The subject matter of the contract is indisputably the presentation of On Golden Pond, a show that is ' according to [JFP President Jeffrey] Finn's affidavit ' the product of theatre talent and expertise unique to New York ' Second, the terms of the Engagement Memorandum clearly state that the Theatre's performance consisted in part of paying all compensation due JFP into its JP Morgan Chase Bank account in New York ' Third, the Engagement Memorandum further requires the Theatre to obtain JFP's approval regarding the Theatre's proposed advertising and marketing campaigns ' That approval would have come from New York ' Additionally, although the precise nature of the negotiations that took place between Polk Theatre, Avid [JFP's exclusive U.S. agent for booking 'On Golden Pond' productions], and a New York theatrical union, are not discussed in detail, it is evident that some such discussion took place, which resulted in the New York union's permitting the Theatre to use a cheaper, non-union crew for the show's load-in.' ' Video-Game Statutes/Constitutionality. The U.S. District Court for the Northern District of California permanently enjoined as unconstitutional Calif. Civ. Code 1746-1746.5, which banned the rental or sale to minors of video games
with violent content. Video Software Dealers Association v. Schwarze-
negger, C-05-04188 RMW. The district court noted: 'Although some reputable professional individuals and organizations have expressed particular concern about the interactive nature of video games, there is no generally-accepted study that supports that concern. There has also been no detailed study to differentiate between the effects of violent videos on minors of different ages.

UPCOMING EVENTS

Texas Bar 17th Annual Entertainment Law Institute, Austin, Oct. 11-12. For further information: 800-204-2222 or 512-427-1463; www.texasbarcle.com. ' American Bar Association Annual Forum on the Entertainment and Sports Industries, New York, Oct.12-13. For further information: 312-988-5658; www.abanet.org/forums/entsports.