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Post by humannature on May 30, 2018 21:33:07 GMT
APNewsBreak: Michael Jackson estate sues ABC over TV specialBy ANDREW DALTON LOS ANGELES (AP) — The estate of Michael Jackson sued ABC and parent company Disney on Wednesday, saying a two-hour documentary on the singer’s last days improperly used the King of Pop’s songs, music videos and movies. The lawsuit filed in federal court in Los Angeles and obtained by The Associated Press alleges that last week’s special, “The Last Days of Michael Jackson,” illegally uses significant excerpts of his most valuable songs, including “Billie Jean” and “Bad,” and music videos, including “Thriller” and “Black or White.” It also says ABC used clips from the estate’s 2016 Spike Lee-directed documentary, “Michael Jackson’s Journey from Motown to Off the Wall,” and from the 2009 feature film “Michael Jackson’s This is It.” The lawsuit alleges at least 30 violations and seeks unspecified damages and an injunction against further use of the estate’s intellectual property. It frequently cites Disney’s aggressive defense of its own copyrights and its normally narrow view of “fair use,” the doctrine in copyright law that says short excerpts can be used for news, criticism and research. “Like Disney, the lifeblood of the estate’s business is its intellectual property,” the lawsuit says. “Yet for some reason, Disney decided it could just use the estate’s most valuable intellectual property for free.” Representatives from ABC did not immediately respond to a request for comment. But when the Jackson camp first raised objections last week, the network defended the special as a legal work of journalism on a newsworthy subject that “does not infringe on his estate’s rights.” The network said that as a courtesy it stopped using an image of Jackson to promote the show that the estate had objected to. As a work of news, the special would be entitled to fair use of excerpts of Jackson’s work, but the lawsuit dismisses the idea that the documentary had any news value, calling it “a mediocre look back at Michael Jackson’s life and entertainment career.” The lawsuit says warning letters sent to Disney attorneys before the airing went unanswered. The special focused on Jackson’s apparent decline in the run-up to his death on June 25, 2009. The 50-year-old left behind heirs that include his mother and three children. Jackson died of acute intoxication of propofol, a prescription anesthetic he had been taking as a sleep aid during preparations for a series of comeback concerts. Former cardiologist Conrad Murray was convicted in 2011 of involuntary manslaughter for giving Jackson a fatal dose of the drug. He served two years in jail, and his conviction was upheld in 2014. apnews.com/92e2edbc6609463d9c9b35116efb080a/APNewsBreak:-Michael-Jackson-estate-sues-ABC-over-TV-special
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Post by respect77 on May 31, 2018 2:47:48 GMT
Good! Get them!
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Post by respect77 on May 31, 2018 5:16:12 GMT
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Post by HIStoric on May 31, 2018 5:33:27 GMT
^Wow. They sent DMCA take down notices for people posting pictures of new Star Wars toys?! That's insane, if anything that's basically free marketing for them!
It seems a lot of this case will come to whether the documentary is considered a news piece or not, and further more what constitutes fair use. Very interested to see where this goes!
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Post by respect77 on May 31, 2018 17:04:34 GMT
On a side-note, I find this interesting:
So the Triumph tour footage is owned by the Estate. Does that mean they could release it if they wanted?
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Post by bedroom on May 31, 2018 17:50:42 GMT
On a side-note, I find this interesting: So the Triumph tour footage is owned by the Estate. Does that mean they could release it if they wanted? *fingers crossed* That's the best release they could ever come up with at least for the hardcore fans.
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Post by jaywonder on Jun 1, 2018 10:36:30 GMT
On a side-note, I find this interesting: So the Triumph tour footage is owned by the Estate. Does that mean they could release it if they wanted? I think they would have to get an okay from the brothers but yes, they own the rights to it. Michael had the final show at The Forum (that we've seen now in numerous documentaries) filmed. It was directed by Jerry Kramer and co-produced by Gary Rocklen for Weisner-Demann management.
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Post by SmoothGangsta on Jun 1, 2018 23:31:13 GMT
The airing date is wrong in the complaint.
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Post by Angel of Light on Jun 2, 2018 15:44:47 GMT
Good. The Estate is making a good move here. Disney screwed up. Estate warned them prior about it and they went ahead and aired it anyway. Big mistake.
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Post by respect77 on Aug 14, 2018 17:22:17 GMT
Disney Takes Stand Against “Overzealous Copyright Holders” like MJ Estate
August 14, 2018 • By Admin Team The entertainment giant and its broadcast subsidiary ABC submit its response in court to a copyright lawsuit over “The Last Days of Michael Jackson.” Disney won’t be shamed out of standing its ground in the face of “overzealous copyright holders” like the Michael Jackson Estate. On Monday, the entertainment giant and its broadcast subsidiary ABC filed an answer to the copyright lawsuit over the two-hour documentary, The Last Days of Michael Jackson, which used excerpts from This Is It and other works including music videos for “Thriller” and “Black or White.” The lawsuit came in California federal court last May and pointed to just how seriously Disney takes its own intellectual property. The complaint gave examples: Disney threatened to sue childcare centers for having pictures of Mickey Mouse and Donald Duck on the wall; Disney once sued a couple on public assistance for $1 million when they appeared at children’s parties dressed as an orange tiger and a blue donkey; Disney sent takedown notices to social media services upon users posting photographs of their new Star Wars toys; and so forth. In fact, Disney’s response to the Michael Jackson lawsuit comes just days after it suffered a setback in a lawsuit against a business that sends individuals in costumes to kids’ birthday parties. No matter and forget any sense of irony. Answering claims over illicit use of Michael Jackson rights, Disney states, “This case is about the right of free speech under the First Amendment, the doctrine of fair use under the Copyright Act, and the ability of news organizations to use limited excerpts of copyrighted works — here, in most instances well less than 1% of the works— for the purpose of reporting on, commenting on, teaching about, and criticizing well-known public figures of interest in biographical documentaries without fear of liability from overzealous copyright holders.” Disney is being represented in the case by star litigator Daniel Petrocelli, leading an O’Melveny & Myers team that also includes Drew Breuder and Nicole Cambeiro. “ABC News used and incorporated short excerpts of some songs, music videos and other material featuring Jackson within a two-hour documentary entitled The Last Days of Michael Jackson for the purpose of providing historical context and explanation tracing the arc and aspects of Jackson’s life and career—precisely what is contemplated and permitted by the First Amendment,” continues the court filing. “Plaintiffs’ lawsuit, in violation of these legal principles, constitutes an attempt to exercise unfettered control over public commentary and opinion on Jackson’s life and career.” www.mjvibe.com/disney-takes-stand-against-overzealous-copyright-holders-like-mj-estate/
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Post by Deleted on Oct 17, 2018 2:29:21 GMT
I read a book a few years ago by some lawyer (Name escapes me), and it was about suing Disney and the history of Litigation. The book proved that very few if any people can successfully sue the Disney corporation. The few cases were all settled with hush money and these usually included near deaths on dangerous rides and people being hit by falling masonry. Most of the cases over kids drowning, running away, getting hit by mascots and people eating bad food and tripping over shit are thrown out, even if legit, Disney will lawyer the heck up.
The book also mentioned how Disney is quick to sue itself and it usually wins. This latest thing does not surprise me, until about 1993 Disney and MJ were tight, the Captain EO thing and Jackson was a regular visitor at the park with his companions and sometimes parks were even closed so Michael could enjoy it in private. After the Jordy Chandler thing, Disney began to isolate itself from Michael Jackson.
In the 80s and early 90s when MJ was in his prime, itw as a good relationship for Disney as they knew MJ was popular with children and could make money through association, however after 1993 when his star waned and his appeal became more adult (Michael's 90s albums are much more mature sounding and aimed at an Adult audience) that relationship became a liability and money is everything to Disney. Even though after his death Captain EO was replayed for a while at Epcot, Tokyo and Anaheim.
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