Tough Odds: Writer suing Fox over *Touch* TV Series

An author is bringing a copyright infringement claim against Fox, alleging that the new series Touch was lifted from his novel.

It’s rare for lawsuits if this sort to ever make it to a jury.  Most of them are dismissed.  The problem – generally – is that it’s not enough to show a substantial similarity between one’s own work and a TV show or movie.  One also has to show access to the work – or actual copying.

The above aside, registering your work with the U.S. Copyright Office is neither complicated nor overly expensive.  But it’s a good idea to do so, for a number of reasons

On the Radio: Entertainment Law Discussion

I’ll be on the nationally syndicated radio show The Director’s Cut discussing legal issues of importance to indie filmmakers in a little bit.  I’m scheduled for some time around 6:30pm Mountain Time.  You can listen from the show’s website or from the TuneIn.com page for the show’s local affiliate KIVA 1550 AM.

UPDATE: Just got back from my radio appearance.  It was a little hurried.  Director Troy Duffy’s interview ran a little long (Troy Duffy as in The Boondock Saints), but that’s ok…

Beware the Right of Publicity!

Sandra Bullock is suing a watchmaker for using her name in ads without permission.

Using a celebritiy’s name (or even a photo) without permission for commercial purposes can lead to a serious lawsuit, especially as many celebrities live in California and California law provides for robust protection of the Right of Publicity.

But even non-celebrities can sue under their right to privacy if you use their face or name without permission in your own movie.

Generally, you should always get a release from anyone you videotape or film.  Also, have your script vetted by an entertainment attorney before you shoot!  And save yourself some trouble.