Celebrity Legal News Week Round Up

PROOF in Brief

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Week Ending 10.27.2017

  • Weinstein accusers continue to speak out. Natassia Malthe alleges that in February 2010, Weinstein raped her without a condom at her hotel in London and then masturbated after the attack.  Read More
  • Zelda Perkins a woman who settled a sexual harassment claim against Harvey Weinstein 20 years ago has decided to break her NDA (non disclosure agreement) and speak about the matter. Ms. Perkins seeks to expose a process that silences victims.
  • The first victim lawsuit since the New York Times and the New Yorker blew the lid off Harvey Weinstein’s behavior has been filed. Actress Dominique Huett named the Weinstein Company as defendant in the suit. Huett alleges the Company had knowledge of Harvey’s behavior. Read More
  • Harvey Weinstein suing the company that bears his name. The suit seeks access to various records, documents and email accounts. Weinstein believes he needs this information to fight the lawsuit that is currently filed against him as well as those that will likely be coming.
  • Five women have accused Mark Halperin (The Circus and other news/political shows) of sexual harassment while he had a powerful and prominent role at ABC News. The stories of the women, who currently have chosen to remain anonymous, are all eerily similar.
  • Fox extended Bill O’Reilly’s contract for $25 million despite having knowledge of his $32 million settlement in a sexual harassment matter. Read More
  • To date, more than 200 women have claimed to be victims of harassment and assault by filmmaker James Toback (that’s more than Weinstein!).  Toback’s modus operandi always the same: approach a woman on the street of NY, offer a part in an upcoming film, and then bring on the unwanted sexual comments and behavior, with the interaction often ending in him masturbtaing or dry humping them. Nice.
  • Dozens of sex tapes exist in which Mel B appears may come into evidence at the upcoming trial. Mel B claims that she was drugged in many of the videos and that the sex was nonconsensual.   Read More

Mafia boss accused of ordering hit on his daughter over policeman lover

Pino Scaduto, head of the Bagheria syndicate in Sicily, arrested after he allegedly asked his son to carry out killing

A Sicilian mafia boss who ordered the assassination of his daughter from behind bars because she was in love with a policeman has been arrested – after his son refused to carry out the hit.

Godfather Pino Scaduto began blaming his earlier arrest and conviction on his daughter’s burgeoning relationship with a senior Italian policeman.

Full Read – https://www.theguardian.com/world/2017/oct/31/mafia-boss-accused-of-ordering-hit-on-his-daughter-over-policeman-lover

THE MAFIA AND A NIGERIAN GANG ARE TARGETING REFUGEES IN SICILY

They’ve fled violence, poverty, and terrorism – and made the often perilous journey across the Mediterranean from Africa and the Middle East. But for the more than 100,000 migrants who’ve arrived in Italy so far this year, the life that awaits them can be almost as dangerous as the one they left behind.

This is particularly true for economic migrants, who don’t have the same legal status as refugees, and aren’t given the same work permits or financial aid to help them survive. Barred from the legal workforce, and with few financial options, many are targeted by criminal gangs — supported by the Italian mafia — and thrust into a life of sex slavery and drug trafficking.

That’s what VICE News discovered after visiting Ballarò, a small market area, and traditional mafia stronghold near Palermo, Sicily, where the infamous Cosa Nostra mafia syndicate continues to wield power.

Full Read – https://news.vice.com/story/the-mafia-and-a-nigerian-gang-are-targeting-refugees-in-sicily

Ennio Morricone Loses Bid to Reclaim Rights to Film Scores

Ennio Morricone, the famed 88-year-old Italian composer, has lost a lawsuit aimed at grabbing back rights to film scores for Cosi Come Sei (Stay As You Are), Il Giocattolo (A Dangerous Toy) and Un Sacco Bello (Fun Is Beautiful). On Friday, in a case that had a New York judge reviewing Italian copyright law, U.S. District Judge Katherine Forrest granted summary judgment in favor of Bixio Music Group, the publisher assigned rights decades ago.

Morricone scored the films in the late 1970s and early 1980s pursuant to agreements with Bixio, which had its own contracts with film producers. The composer transferred to Bixio all rights in the works in exchange for three million Italian lira, the right to credits, and the right to a portion of the proceeds from use of the scores.

In 2012, Morricone sent termination notices over six film scores pursuant to the 1976 Copyright Act. In November 2016, he filed a lawsuit seeking a declaration that he indeed was successful in his termination.

The law, however, doesn’t allow “works for hire” to be terminated. Both Morricone and Bixio agreed that the film scores were commissioned works, but disagreed on the import.

Under American law, what matters is whether there’s a written instrument attesting to a “work made for hire,” meaning that the publisher is deemed the author. Some courts further analyze the situation by looking at whether an employer induced the creation of the work and had the right to direct and supervise the manner in which the work was carried out.

Read Full – http://www.hollywoodreporter.com/thr-esq/ennio-morricone-loses-legal-bid-reclaim-rights-film-scores-1046947

Disney Fights Unlicensed ‘Star Wars,’ ‘Frozen’ Characters at Children’s Birthday Parties

Yes, Hollywood studios tend to be fiercely protective of their intellectual property. These studios will often sue over unlicensed merchandise in the marketplace. Usually, these cases go away quickly and quietly. The defendants tend not to have the resources to fight back. Settlements and stipulated judgments are the norm. Well, not this time.

On Friday, summary judgment papers came in a lawsuit that Disney has filed in New York against Nick Sarelli, who runs an operation called Characters for Hire, LLC.

Disney alleges that Sarelli has a “knock-off business … built upon the infringement of Plaintiffs’ highly valuable intellectual property rights,” including the fictional characters Darth Vader, Iron Man and Elsa and Anna from Frozen. Disney is upset how this company “provides unlicensed and poor quality appearances and performances” by actors dressed as “iconic characters for themed events, such as children’s parties.”

The lawsuit claims that the costumed actors appearing at these events and the advertising associated with this enterprise represent a violation of both its copyrights and trademark rights.

Anyone who has ever visited Times Square in New York City might wonder about the costumed characters taking pictures with tourists for money. The New York Police Department once even tried to get Disney to crack down. Disney didn’t take the bait, but for whatever reason, Mickey Mouse has put its foot down for Characters for Hire.

Read Full – http://www.hollywoodreporter.com/thr-esq/disney-fights-unlicensed-star-wars-frozen-characters-at-childrens-birthday-parties-1049247

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