Protecting Against Defamation Claims From Docudrama Productions
August 26, 2003
Producers are rushing to meet the public's demand for reality content. This content includes film and TV productions based on the lives of real people. But there are pitfalls in producing 'biopics' or 'docudramas.' By their very nature, concocted scenes and contrived dialogue inherent in these types of productions may give rise to liability. In fact, there have been a growing number of civil actions or claims made concerning the manner in which certain parties have been portrayed.
In the Spotlight
August 26, 2003
On June 10, 2003, the United States General Accounting Office (GAO) issued its report responding to an October 21, 2002 request from Senator Charles E. Grassley, Chairman of the Senate Finance Committee, for the agency to review the Department of Health and Human Services (HHS) Office of the Inspector General (OIG). In performing its review of the OIG (from October 2002 through May 2003), the GAO interviewed over 200 current and former OIG employees, examined thousands of pages of documents, replicated a web-based employee survey conducted by the OIG in January 2003, spoke to representatives from the Department of Justice (DOJ) and various Medicaid Fraud Control Units (MFUCUs), and interviewed three current or former inspectors general from other federal agencies.
Whistleblower Retaliation under Sarbanes-Oxley: It's a Crime!
August 26, 2003
The Congressional response to the scandals of Enron and its corporate cousins was not exactly laser-guided. Much ado already has been made about many provisions of the Sarbanes-Oxley Act (the Act), but one that has drawn little comment is its unprecedented, sweeping and criminal whistleblower law.
Bit Parts
August 26, 2003
Recent developments in entertainment law.
Clause & Effect
August 26, 2003
If a TV network makes a non-recourse loan to a production company to produce a TV series, could the production company nevertheless be required to pay back the loan? Assume that the agreement with the network provides for a license fee to the production company as well as a loan for production costs that exceed the license fee, and that the loan will be repaid only from the series' net profits. What happens if the series is never syndicated and thus earns no net profits?
Courthouse Steps
August 26, 2003
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
NEWS BRIEFS
August 26, 2003
Highlights of the latest franchising news from around the country.
Raising a License Defense In a Copyright Infringement Action
August 26, 2003
The Copyright Act (17 U.S.C. Sec. 204) provides that '[a] transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent.' A copyright infringement defendant may argue that it made use of a plaintiff's work pursuant to a grant of rights or license from the plaintiff. Where a license is written, the consent defense is relatively straightforward, and frequently turns on whether or not the defendant acted in accordance with the terms and scope of the license at issue. Where no writing exists, however, a plaintiff can more readily challenge such consent and force the defendant to face the writing hurdle imposed by Sec. 204.
COURT WATCH
August 26, 2003
Highlights of the latest franchising cases from around the country.
Cameo Clips
August 26, 2003
Recent cases in entertainment law.
