And that’s why we have experts testify, isn’t it? Because two reasonable lay persons can come to different conclusions about a thing, and that without expert testimony, the issue would be unresolvable? According to the Rules of Evidence Advisory Committee,”[a]n intelligent evaluation of facts is often difficult or impossible without the application of some scientific, technical, or other specialized knowledge."
Read MoreYou remember Blurred Lines right? It was the smash hit single of 2013 that simultaneously launched (for being catchy) and destroyed (for being rapey) Robin Thicke's career. Well, I'm here to report that this utterly forgettable pop song has now has earned an inauspicious spot in our culture because of a surprisingly foreboding jury decision that found against Thicke and his co-writers Pharrell Williams and Clifford "T.I." Harris, Jr.
Read MoreLast year, Forbes broke the story that Wu-Tang Clan was producing a new 31-track double-album called Once Upon A Time in Shaolin. Only one copy of the album would be produced and auctioned off to the highest bidder. According to RZA, the founding member of NY-based rap group, this was done to combat the heavily commoditized world of modern artistic endeavors.
Read MoreThe past few months have seen a lot of really intriguing legal activity from Swift’s people. First she took her music down from Spotify (by far the most popular streaming music service), meaning the only way to get her new album 1989 is to pay for it directly. A few weeks ago she filed for trademark protection of the phrase “this sick beat” because apparently she thinks there’s a lot of money to be made from it. And just last month she started issuing takedown notices to fans who were selling knock-off Swift merch on Etsy.
Read MoreOnce I settled on filmmaking as a vocation, I decided to learn everything I could about the craft. Very quickly, three publications became my bible(s): American Cinematographer, FilmMaker Magazine, and MovieMaker Magazine. American Cinematographer taught me how to shoot and light my movies, while FilmMaker gave me the inside scoop on the world of independent cinema, with great tips on financing and producing your film on a small budget. But MovieMaker was my bread and butter. It was a great resource for learning how to make movies, and its sensibilities were right on the line between indie and mainstream cinema - perfect for a burgeoning filmmaker.
Read MoreIn the wake of their Spidey problem, Sony worked out a deal to allow old webhead to enter the Marvel Cinematic Universe and share the screen with Thor, Captain America, Iron Man, and Hulk. Marvel will develop and produce a new Spider-Man film under its own Banner (pun intended) to be released in 2017 while the rights to the character will remain with Sony.
Read MoreWhen it comes to writing contracts, there’s always a tension between best practices and doing what’s minimally acceptable to keep your ass covered. If it were up to me, every client would use detailed written agreements for every transaction with every one of their clients. But I’m not an unreasonable person; I know firsthand the pressures of small business ownership (being one myself). I understand that level of diligence can be hard to maintain, especially at the beginning when you’re still figuring out how to put dinner on the table for your loved ones.
Read MoreBeing in opposition to one another doesn’t mean you can’t be magnanimous too. It’s that old chestnut about catching more flies with honey than with vinegar. Judges, juries, and lawyers are people too, and the more they hate you, the less likely they’ll sympathize with you, even if you’re the victim. And while, in theory, the legal system should operate free of bias, the reality is that the “system” is made up of people. And like it or not, people are susceptible to all kinds of prejudices, even if we don’t realize it.
Read MoreFor those not in the know, the Poor Man's Copyright is the act of mailing a copy of your work to yourself in a sealed envelope. In transit, the envelope will be date stamped and once received by you, it will remain sealed forevermore, or until its opening is required as part of a copyright infringement lawsuit. The combination of being sealed and date stamped is supposed to act as presumptive evidence that your work supersedes all others, including your infringer, at a rate that’s easy on the credit card.
Read MoreJ. Warren St. John, the defense attorney for Eddie Ray Routh, the former marine who killed American Sniper Chris Kyle at a shooting range in 2013, recently gave an interview to The Hollywood Reporter complaining that the popularity of the film American Sniper will prevent his client from getting a fair trial. According to St. John, the film lionizes Kyle and as a result, it will be harder to find a jury that isn’t influenced in some way by the film’s portrayal.
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