Southwestern University School of Law
Los Angeles

Donald E. Biederman Entertainment & Media Law Institute

Summer Programs

International Entertainment & Media Law Program in London

Entertainment Law Program in Los Angeles

Master of Laws Program

LLM in Entertainment & Media Law

October 2005
Volume 27 Number 5

Editor
Lionel S. Sobel

Professor & Director of International Entertainment & Media Law Summer
Program in London

Southwestern University School of Law

Research Editor & Circulation Manager
Carol P. Sobel

Assistant Editors
Mustafa Abdul-Rahman
Aaron N. Colby
Aaron M. Fontana
Vered Golan
Ken Hwang
Jeffrey Ikejiri
Hamed Khodabakhsh
John C. Lackner

Copyright © 2005 by the Entertainment Law Reporter Publishing Company

Washington Monitor

Production and distribution of documentary “Fahrenheit 9/11” did not violate election laws, Federal Election Commission decides

New Legislation and Regulations

California enhances its “anti-paparazzi” statute; law may now make editors liable for paparazzis’ behavior

California, Illinois and Michigan ban sale or rental of violent video games to minors

Recent Cases

Coors Brewing Company must defend suit for infringement of photo of NBA player Kevin Garnett

Publisher did not infringe copyright by publishing photos of Marilyn Monroe in book “Blonde Heat”

Naxos’ sale of restored versions of classical, 1930s era recordings infringes state common-law copyrights owned by Capitol Records, New York Court of Appeals decides

Appeals court sets aside TVT’s multi-million dollar judgment against Def Jam Music over rapper star Ja Rule’s recordings

Chicago Sun-Times did not defame Michael Jordan’s former lover

Madonna’s former bodyguard and lover was not defamed by photo and erroneous caption, federal appeals court affirms

Congress had authority to restore copyright protection to foreign works in public domain in U.S., federal courts rule in two separate but similar cases

Band *NSYNC did not breach contract with company that produced giant-screen “Bigger Than Live” concert film

Virtual Technologies’ “PGA Golf Tour” video game does not infringe copyright or trade dress of Incredible Technologies’ “Golden Tee” video game, federal Court of Appeals affirms

Rights to Martha Graham’s dances created between 1956 and 1965 belong to Martha Graham Center and School, not Graham’s heir Ron Protas

Claims filed by co-authors against publisher of “Misha: A Memoir of the Holocaust Years,” resulting in $32.4 million judgment against publisher, were properly brought under state law, and so were not preempted

World Championship Wrestling’s victory over employee “Sid Vicious” in contract and tort case prompted by in-ring injury is affirmed by Georgia Court of Appeals

Release signed by tattoo artist’s client did not waive invasion of privacy claim complaining of publication of photos in magazine, because release applied only to claims arising from client’s decision to obtain a tattoo, appeals court decides

Breach of restrictive covenant in PR firm’s shareholder agreement may be enjoined, even though PR firm could not show it lost business of any particular movie studio

South Carolina’s attempt to prohibit dissemination of obscene material to minors via Internet violates First Amendment and Commerce Clause

Departments

Entertainment Lawyer News:

• Carole Handler joins Foley & Lardner

• David Stanley joins Greenberg Glusker

• Alan Friedman joins Katten Muchin Rosenman

• Jenny Li and Rob Rader join Mitchell Silberberg & Knupp

• Former FCC Media Bureau Chief Ken Ferree joins Sheppard Mullin Richter & Hampton