Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Georgia Fed. Ct. Dismisses Suit Over <i>Honey</i> Films
The U.S. District Court for the Northern District of Georgia, Atlanta Division, dismissed a lawsuit brought by hip-hop dancer Ereina “Honey Rockwell” Valencia over Universal's Honey and Honey 2 movies, released respectively in 2003 and 2011. Valencia v. Universal City Studios LLC, 1:14-CV-00528.
Like the plaintiff, the films' “Honey Daniels” is a Bronx native with Hispanic family roots who teaches dance classes in the Bronx. Valencia sued in 2014. In Georgia, claims alleging violation of right-of-publicity, and intrusion on a plaintiff's seclusion and solitude, have two-year statutes of limitations. (The court said it assumed for purposes of its ruling that Valencia was a Georgia or New York resident.)
In Valencia's case, District Judge Richard W. Story found these claims to be time-barred. The district judge wrote he wasn't convinced by Valencia's “discovery rule” argument that “that she could not have brought suit earlier due to her unfamiliarity with the film industry. ' Plaintiff has not alleged that Defendants acted fraudulently, merely that she was unable to ascertain their identities without the advice of counsel.” (Marc Platt Productions is a co-defendant with Universal.)
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- 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
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.