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.
Who really owns the CG characters in blockbuster films like ‘Avengers’ and ‘Night at the Museum’? On Monday, a judge was told it’s not the studios.
Are some of Hollywood’s biggest movies from the past decade — Guardians of the Galaxy, Avengers: Age of Ultron, Deadpool and Night at the Museum, among others — all copyright infringements because they were allegedly created with stolen technology? The question seems outlandish, and yet, that’s exactly what a California federal judge was told on Monday in a case that can’t be shrugged off as a crank even if it is now treading on some fantastic territory including a scholar’s search for hidden codes in the Hebrew Bible.
Rearden LLC is the plaintiff. The firm was founded by Silicon Valley entrepreneur Steve Perlman, who claims to own software called MOVA, which captures facial expressions to create photorealistic computer graphic effects. Rearden also alleges its technology was stolen by a former colleague before eventually landing in the hands of a Chinese firm. After the FBI investigated economic espionage, Rearden sued this Chinese company and won an injunction. Now, Rearden is suing the customers of the stolen technology — Disney, Fox and Paramount — who find their blockbusters the subject of bold intellectual property claims.
In response to the lawsuit, the studios have contended that that the copyright, trademark and patent claims fail as a matter of law. This story will focus on the mind-blowing copyright arguments.
At this stage of the dispute, the studios can’t dispute the truth of the allegations — not only did they use stolen technology, they did so knowingly. But Disney, Fox and Paramount ask, so what? Whatever shows up onscreen is primarily the product of human input, namely film direction and an actor’s performance. The technology company simply can’t own the output.
“Indeed, if Rearden’s authorship-ownership theory were law, then Adobe or Microsoft would be deemed to be the author-owner of whatever expressive works the users of Photoshop or Word generate by using those programs,” wrote Kelly Klaus, attorney for the defendants, who also nodded to an 1884 Supreme Court opinion, Burrow-Giles Lithographic Co. v. Sarony.
F. Lee Bailey was once so famous that he’d regularly appear on television and even played himself in a movie. He did so much screen work that he evidently entitled himself to money in retirement. It wasn’t much, but under heavy debt, it’s become important. Now, however, the same week that his former client O.J. Simpson was released from prison, a bankruptcy judge is allowing the Internal Revenue Service to enforce federal tax liens on more than $1,000 a month in pensions from the SAG-AFTRA.
Bailey, 84, is now disbarred after a scandal erupted over misappropriated funds tied to a French smuggler he had been representing. He runs a consulting business in an apartment above a salon. He’s in bankruptcy thanks to more than $5 million the government asserts he owes in tax debt.
Pablo Escobar, one of the world’s wealthiest and most notorious drug lords, met his end nearly a quarter-century ago, but his legacy continues to cast a shadow over the Netflix drama “Narcos.”
On September 11, Carlos Munoz Portal, a location manager for the Netflix television series “Narcos,” was found dead. He had suffered multiple gunshot wounds in a car on a dirt road outside Mexico City, near a site he was scouting for future episodes of the TV show.
n the wake of Portal’s death, Pablo Escobar’s brother is bringing his year-long trademark dispute with Netflix back into the headlines through an interview he gave The Hollywood Reporter (THR). In that interview, speaking of “Narcos,” which based its first two seasons on Pablo Escobar’s life, he reportedly said he would “close their little show” if the streaming service did not reach a settlement agreement with him.
Roberto De Jesus Escobar Gaviria is Pablo Escobar’s brother and former accountant. He is also the founder of holding company Escobar Inc.. In July of 2016, his company requested $1 billion compensation from Netflix for what it contends are intellectual property violations. It claims the streaming service has reaped substantial financial benefits from the popular global series by using Escobar’s name and story.
The actress tells The New York Times about her post-Brad life.
by Personal Space Staff
September 13, 2017 • 12:16 PM ET
Angelina Jolie opened up about her split from Brad Pitt in a new interview with The New York Times, saying: ”None of it’s easy. It’s very, very difficult, a very painful situation, and I just want my family healthy.”
The actress, 42, added of the kids, ”They’re getting better.”
The two announced their shock split in September 2016 after 12 years together, two of those married. A custody battle involving their six children — Maddox, 16; Pax, 13; Zahara, 12; Shiloh, 11; Vivienne, 9, and Knox, 9, followed.
Now, Angelina lives in an L.A. mansion which used to be owned by filmmaker Cecil B. DeMille, and says she had a hard time accepting she would really be moving out of Brad’s house.
“It took me a few months to realize that I was really going to have to do it. That there was going to have to be a home. Another home….That there was going to have to be another base regardless of everything,” she says, adding that “It’s like living in a fraternity.”
The kids are home schooled, nd spend much of the day under Angelina’s watch.
“They really help me so much. We’re really such a unit,” she says. “They’re the best friends I’ve ever had. Nobody in my life has ever stood by me more.”
As for life after Brad, she explains, “It has a lot of moments.”
“It’s happy. Happy and light, and we needed that,” she says. “None of it’s easy. It’s very, very difficult, a very painful situation, and I just want my family healthy.”
She was promoting First They Killed My Father, which received a standing ovation at the Telluride Film Festival, where it had its premiere. Netflix will begin streaming it Sept. 15.
“The real will to survive, and the strength of the human spirit, and the love of the human family becomes so present, and that’s how we should all be living,” she says.
“When you’re around it, it’s quite contagious, and you know to learn from it.”