ENTERTAINMENT LAW CIRCULAR
January 2023
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Pierce Law Group LLP Wishes You a Happy New Year! |
2023 is exciting and new! We are excited about all the new year will provide. We hope you are too!
The start of the year is a great time to come on board and schedule a conference with PLG-LLP. We can help chart your business course for adventure and how we may help you navigate the perilous waters of the entertainment industry!
Oh yeah, while setting my own course for adventure, I've also focused my mind on romance-- I got engaged on 1/1/23 (and she is fantastic)!
So here's to the new year! Its an open smile on a friendly shore!
-- David Albert Pierce
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We are Headed to Park City Are You? |
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A contingency from the Pierce Law Group Team will be traveling to Park City for this year's festivities from January 20th through the 25th.
Pierce Law Group LLP has been a proud sponsor of Slamdance Film Festival since 1998 and serves as general counsel for this once upstart, but now well-established festival which caters to indies with an attitude.
On January 21th - 24nd, the Pierce Law Group team will be conducting daily Legal Workshops for Filmmakers from 10:00am to 11:00am in the South Florida Filmmakers Lounge at the Treasure Mountain Inn. This workshop is free and open to all, with free hot cocoa and treats for those who stop by.
Come have some hot chocolate on us!
If you will be in Park City and would like to meet up with Pierce Law Group LLP during your travels, please contact:
Keyana Banisadre
email at clients@piercellp.com or via cell at (916) 833-1918
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Are you going to Slamdance/Sundance 2023?
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Ninth Circuit Affirms PLG-LLP win in District Court-- Rules Actors' Right to Footage for Personal Use in Their "Acting Reel" is a Fair Use Defense to Copyright Infringement Claim |
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On August 6, 2020 (!), the federal district court for the Central District of California in the case of Bain .v Film Independent granted summary judgment in favor of Pierce Law Group LLP's client Actress Jessica Haid, who was the defendant in this important case.
In this case, Haid was just beginning her film career and was promised the ability to use footage from her first staring role for her acting reel. However, when the producer Robin Bain failed after repeated requests to provide the footage, Haid obtained a copy of the film herself and had an editor adapt 3 minutes and 39 seconds (less than 4% of the 95 minute film's length) with all but 2 of the 40 clips lasting less than 10 seconds and arranged non-sequentially so as to feature Haid's range of acting skills into a traditional Actor's Reel. The Acting Reel was then intended to be used for submissions to casting directors and future potential employers. The producer (who in our opinion was quite spiteful) then proceeded to file a claim of copyright infringement against the young actress! The lawsuit commenced in 2018. Summary Judgment was granted in 2020 and the Plaintiff Producer Bain then filed an appeal to the federal 9th Circuit in September of 2020. Our firm appeared on Haid's behalf to defend our win. After over a 2 year wait due to a much backlogged Ninth Circuit docket (Congress- time to increase the number of federal appeals courts), on Jan. 4, 2023, the Ninth Circuit affirmed our victory as to the dismissal of Plaintiff Bain's copyright infringement claims.
While the Ninth Circuit declined to publish the decision as a citable decision for future cases, the district court decision remains citable and serves as an important authority for all actors that seek to use footage of their performances for their Acting Reel-- which is essentially their "visual resume." At least as to the specific facts in our case, Acting Reels constitutes Fair Use and there is no copyright infringement even if the Producer refuses to permit said use.
Pierce Law Group LLP provided all of our legal services in defending the case in the Central District Court of California and the Ninth Circuit Court of Appeals on a purely Pro Bono basis. Although on January 10th, we did file a motion requesting that the Court of Appeals award us attorney fees. We now await that decision.
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Pierce Law Group LLP can help provide solutions to even the stickiest of rights issues concerning intellectual property matters. And remember it is always best to consult with counsel and discussing your specific factual issues before rushing forward on what you may believe the law to be. |
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David Albert Pierce Named Super Lawyer Once Again! |
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Thompson-Reuters has once again honored David Albert Pierce as a southern California Super Lawyer. Each year, Thompson Reuters identifies Super Lawyers that exemplify the best qualities for the profession in given jurisidictions and practice areas. This is the 9th year that David has been awarded this honor!
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Industry Wisdom:
A look at Some Recent News Affecting the Entertainment Industry
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1968 Romeo and Juliet Stars Sue for Child Abuse Regarding Nude Scene
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Leonard Whiting and Oliva Hussey were teenagers when they took on the roles of star-crossed lovers in Franco Zeffirelli’s 1968 version of Romeo and Juliet.
The actors are now suing for child abuse under the California Child Victims Act, passed in 2019, that suspended the statute of limitations for lawsuits alleging child abuse so long as the suits were filed by December 31, 2022.
Hussey and Whiting filed on December 30 alleging that director Franco Zeffirelli assured them that there would be no nudity filmed or shown but later told them that “the picture would fail,” and “they would never work again” if they did not act in the nude during a bedroom scene. Zeffirelli allegedly told the teens that the cameras would be set so that no nudity would be filmed for use in the film or anywhere else. The Plaintiffs' allege this claim was dishonest, and the teens were secretly filmed in the nude without their knowledge, the suit says. The $100 million suit alleges sexual harassment, fraud, childhood sexual abuse, appropriation of name and likeness, intentional infliction of emotional distress, negligence and unfair business practices.
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Pierce Law Group LLP has been a longtime industry leader in advising both major studios and independent producers on the many different laws that govern the use of child labor in the entertainment industry. If you plan to use child actors in your next project, consult with us before you begin! |
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California U.S. District Judge Rules Universal Studios can be Sued for False Advertising after Fans Complained a Movie Trailer was Misleading |
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Conor Woulfe and Peter Michael Rosza, two fans of the actress Ana de Armas, filed a lawsuit in January after renting the 2019 film Yesterday. The two had seen Armas in the trailer for the film but were disappointed to find she had been cut from the final version.
Woulfe and Rosza are seeking at least $5 million from Universal in the case, which has been filed as a class action on behalf of other disappointed fans.
The pair argued they would not have paid the money ($3.99) to rent the film if they had known the actress was not ultimately involved. Universal sought to throw out the lawsuit, arguing that movie trailers are entitled to broad protection under the First Amendment, which protects free speech rights and the press. The studio's lawyers argued that a trailer is an "artistic, expressive work" that tells a three-minute story conveying the theme of the movie, and should therefore be considered "non-commercial" speech, subject to a lower level of scrutiny. The Hon. Judge Wilson of the federal Central District of California rejected that argument, ruling that a trailer is commercial speech and is subject to the California False Adverting Law and the state's Unfair Competition Law. "Universal is correct that trailers involve some creativity and editorial discretion, but this creativity does not outweigh the commercial nature of a trailer," Wilson wrote in his ruling.
Though it is not unusual for trailers to contained footage that ends up on the cutting room floor and Universal worried about a slippery slope with potential lawsuits, the Hon. Judge Wilson addressed these issues stating the false advertising law applies only when a "significant portion" of "reasonable consumers" could be misled. The judge said the court's holding was limited to cases where an actor or scene from the trailer does not feature in the finished film. In the case of the Yesterday trailer, he said, it was plausible that viewers would expect De Armas to have a significant role in the film.
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Our firm has a full checklist of Clearance Issues for Producers to review when producing and delivering a film-- and yes on that checklist is the requirement to perform a due diligence clearance review on not only the film but any trailers as well. Our checklist perhaps could have helped Universal avoid this $5 Million lawsuit from arising. If you would like a copy of this Clearance Checklist, please contact Our Client Director Keyana.
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Looking for Home Entertainment? Check Out Podcasts from Pierce Law Group Clients |
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Catch a peek into the lives of Steve Treviño and his wife, "Captain Evil", where they discuss life, marriage, and parenting. More importantly, you get to see what the two put up with.
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Our client Tony Hinchcliffe presents "Kill Tony" at the world famous Comedy Store. Listen to the podcast.
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Looking for a good laugh? Live from the world famous Comedy Store, Rick Ingraham and Eleanor Kerrigan talk with national headliners and Comedy Store regulars.
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Brian Moses and DJ Coach Tea host the official Roast Battle podcast giving an in-depth look at the hit international TV series as well as weekly live shows from the world-famous Comedy Store in Hollywood, CA.
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Comedian Theo Von hosts this hilarious podcast about this past weekend. Twice a week on the show Theo offers earnest suggestions to callers, as well as gives his take on recent events.
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Whoa! You won't want to miss Nikki Bon's new podcast "Whoa, Dad!" where she reunites with her absentee, rock and roll, space cadet dad. Listen to her attempt to mend their relationship and teach him how to be a good dad.
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The best short fiction, handpicked by the best voice in podcasting. In every episode, host LeVar Burton (Roots, Reading Rainbow, Star Trek) invites you to take a break from your daily life, and dive into a great story. LeVar’s narration blends with gorgeous soundscapes to bring stories to life. So, if you’re ready, let’s take a deep breath... |
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Pierce Law Group LLP
Recognized For Excellence
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MDAF Membership limited to attorneys who've won million dollar verdicts & settlements |
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Don't forget to connect with us on social media! |
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DISCLAIMER
The information you obtain in this newsletter is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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