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Los Angeles Lawyer May 2008 Writers’ Strike The PAGE 52 May 2008 / $4 EARN MCLE CREDIT Substantial Similarity in Idea Submission Cases page 33 Los Angeles lawyer Schuyler M. Moore (center) advises Sophia Loren Financing and Edoardo Ponti on the intricacies of twenty-first century Drama film financing page 26 PLUS Copyright Law and Web 2.0 page 12 Misappropriation of Likeness page 19 Video Gaming Regulation page 42 CongratulationsCHAPMAN UNIVERSITY to SCHOOL OF LAW for its move up the U.S. NEWS AND WORLD REPORT RANKING (3RD TIER, APRIL 2008) From the Desk of... Dean John C. Eastman Dean John Eastman TO DO From the Desk of... TO DO K Improve US News ranking: K Third Tier by 2009 2008! K Bring up the US News & World Report ranks K Second Tier by 2012 K Increase CA Bar pass rate percentage 72% July 2007! K Challenge fund and support an Early Bar Prep programsK Continue to move to hire CA stellar bar pass faculty, so that such ason Nobel par Laureate with otherVernon top Smith CA ABA schools) -- 72% July 2007!!! K Launch joint JD/MFA in Film & Television degree program K K FindContinue Be one of to only host two unique Law events Schools such inas Constructionthe Defect countryJudicial with Symposium, a Nobel Laureate ABOTA Masters to law in Trial, Entertainment Law Symposium, etc. K ExplainK Exceed 90% job placement rate for Chapman grads K Compete head to head with nation’s best advocacy and moot K Fundcourt competition teams K Expand existing clinical programs such as current Family K FundDocumentaryViolence Clinic, Elder Law Clinic, and Tax Clinic Film Clinic – first documentary film, to be shot K Explore new clinical programs such as an Immigration Law in Cambodia in summer 2008!) Clinic and Legal Documentary Film Clinic (with film school) K Bring top scholars to Chapman for high caliber lectures K FundDocumentary Filmand Clinic debates – first documentary film, to be shot in CambodiaK "Chapman Dialogues"– in summer with 2008!) renowned scholars (Harvard, Yale, etc.) K "FIRST Lectures" – with rising scholars www.chapman.edu/law 1.877.CHAPLAW K FundDocumentary Do corporate counsel really go to Martindale-Hubbell® to find lawyers and expertise? GREGG FORMELLA, SENIOR ATTORNEY, AMERICAN AIRLINES, INC. “Yes I do.” “If I can’t find a lawyer or firm in Martindale-Hubbell, it raises a red flag. Are they committed and connected to the legal community?” Martindale-Hubbell® Will he find you? Make sure your firm is plugged into the Martindale-Hubbell® Global Legal Network, the trusted first choice for companies seeking outside counsel. Go to www.martindale.com or call 1.800.526.4902 x2191 A MEMBER BENEFIT OF LexisNexis, the Knowledge Burst logo, and Martindale-Hubbell are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies. © 2008 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. LCD00242 FEATURES 26 Financing Drama BY SCHUYLER M. MOORE The globalization of the movie industry has led to opportunities and hazards in film financing 33 The Very Idea BY LEE S. BRENNER Although the inquiry in idea submission cases is fact specific, case law provides ample guidance on what constitutes substantial similarity Plus: Earn MCLE credit. MCLE Test No. 170 appears on page 35. 42 Clean Games BY ROXANNE CHRIST AND FARNAZ ALEMI Virtually every attempt to protect children through regulation of video games has failed under First Amendment analysis DEPARTMENTS Los Angeles Lawyer 10 Barristers Tips 52 Closing Argument Reflections on the writers’ strike the magazine of Tips for the beginning entertainment law attorney BY PATRIC M. VERRONE The Los Angeles County BY BERNARD M. RESNICK Bar Association 49 Classifieds 12 Practice Tips May 2008 Applying copyright law to user-generated 50 Index to Advertisers Volume 31, No. 3 content BY CHARLES J. BIEDERMAN AND DANNY ANDREWS 51 CLE Preview 19 Practice Tips COVER PHOTO: TOM KELLER Calculation of damages in right of publicity claims 05.08BY LAWRENCE E. HELLER AND SHULA R. 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LECRONE From beginning to end, I offer my full spectrum of real KAREN LUONG estate-related services specifically designed to serve the family PAUL MARKS law and probate/trust practices. Moreover, these no-cost DEAN A. MARTOCCIA Need a Realtor? support services are offered without obligation. ELIZABETH MUNISOGLU RICHARD H. NAKAMURA JR. Mickey Kessler How Can I Help You? DENNIS PEREZ Associate Manager Real Estate for the Family Home GARY RASKIN Direct 310.442.1398 JACQUELINE M. REAL-SALAS ~ references available upon request ~ DAVID SCHNIDER www.mickeykessler.com/familylaw.html HEATHER STERN GRETCHEN D. STOCKDALE TIMOTHY M. STUART KENNETH W. SWENSON CARMELA TAN BRUCE TEPPER PATRIC VERRONE STAFF Publisher and Editor SAMUEL LIPSMAN Senior Editor LAUREN MILICOV Senior Editor ERIC HOWARD Art Director LES SECHLER Director of Design and Production PATRICE HUGHES Advertising Director LINDA LONERO BEKAS Account Executive MARK NOCKELS Sales and Marketing Coordinator AARON J. ESTRADA Advertising Coordinator WILMA TRACY NADEAU Administrative Coordinator MATTY JALLOW BABY LOS ANGELES LAWYER (ISSN 0162-2900) is published monthly, except for a combined issue in July/August and a special issue in the fall, by the Los Angeles County Bar Association, 261 S. Figueroa St., Suite 300, Los Angeles, CA 90012, (213) 896-6503. Periodicals postage paid at Los Angeles, CA and additional mail- ing offices. Annual subscription price of $14 included in the Association membership dues. Nonmember subscriptions: $28 annually; single copy price: $4 plus han- dling. Address changes must be submitted six weeks in advance of next issue date. POSTMASTER: ADDRESS SERVICE REQUESTED. Send address changes to Los Angeles Lawyer, P. O. Box 55020, Los Angeles CA 90055. Copyright © 2008 by the Los Angeles County Bar Association. All rights reserved. Reproduction in whole or in part without permission is prohibited. Printed by R. R. Donnelley, Liberty, MO. Member Business Publications Audit of Circulation (BPA). The opinions and positions stated in signed material are those of the authors and not by the fact of publication necessarily those of the Association or its members. All manuscripts are carefully considered by the Editorial Board. Letters to the editor are subject to editing. 4 Los Angeles Lawyer May 2008 1,--:<47;,97(@:(;;,5;065 ([:[VULMPLSK1VZLWOZVU^LZLL[OLIPNWPJ[\YL ^OPSL UL]LY SVZPUN ZPNO[ VM [OL WLYZVU ZP[[PUN HJYVZZ[OL[HISL·`V\ 6\Y M\SSZLY]PJL JLY[PMPLK W\ISPJ HJJV\U[PUN MPYT ZLY]LZ W\ISPJ HUK WYP]H[LS`OLSKJSPLU[Z[OYV\NOV\[[OL<UP[LK:[H[LZHUKPU[LYUH[PVUHSS`°>L WYVTPZL V\Y [OV\NO[M\S H[[LU[PVU [V `V\Y ULLKZ·JHSS \Z MVY H JVTWSPTLU[HY`TLL[PUN[VKPZJ\ZZ`V\YZP[\H[PVU (ZZ\YHUJLHJJV\U[PUN ;LJOUVSVN` )\ZPULZZJVUZ\S[PUN :LY]PJLMPYTZ ,_LJ\[P]LZLHYJO :[HY[\WZHUKLTLYNPUNJVTWHUPLZ 7\ISPJJVTWHUPLZZLY]PJLZ 4HU\MHJ[\YPUNKPZ[YPI\[PVU ;H_ZLY]PJLZ (WWHYLS =HS\H[PVUSP[PNH[PVUZ\WWVY[ /LHS[OJHYL HUKMVYLUZPJZLY]PJLZ 9L[HPS 5VUWYVMP[ZHUKMV\UKH[PVUZ -PUHUJPHSZLY]PJLZ ^^^ZQHJJV\U[PUNJVT /RV$QJHOHV2UDQJH&RXQW\6DQ)UDQFLVFR(DVW%D\6LOLFRQ9DOOH\+RQJ.RQJ WROOIUHH 6WRQH¿HOG-RVHSKVRQ,QF 3KRWRJUDSK\-RKQ/LY]H\ LOS ANGELES LAWYER IS THE OFFICIAL PUBLICATION OF THE LOS ANGELES COUNTY BAR ASSOCIATION 261 S. Figueroa St., Suite 300, Los Angeles, CA 90012-1881 Greg David Derin ■ Mediator Telephone 213.627.2727 / www.lacba.org ASSOCIATION OFFICERS President GRETCHEN M. NELSON • Entertainment • Complex Business President-Elect DANETTE E. MEYERS • Intellectual Property • Real Estate Senior Vice President DON MIKE ANTHONY • Employment Vice President ALAN K. STEINBRECHER Treasurer JULIE K. XANDERS Assistant Vice President JOHN D. VANDEVELDE Assistant Vice President ERIC A. WEBBER Assistant Vice President ANTHONY PAUL DIAZ Immediate Past President CHARLES E. MICHAELS Executive Director There is no substitute for experience. STUART A. FORSYTH Associate Executive Director/Chief Financial Officer BRUCE BERRA Over 1,250 successful mediations Associate Executive Director/General Counsel W. CLARK BROWN 14 years as a full-time mediator BOARD OF TRUSTEES 92% of cases resolved P. PATRICK ASHOURI PHILIP BARBARO, JR. Director, Pepperdine Law School’s JOHN M. BYRNE KIMBERLY H. CLANCY “Mediating the Litigated Case” program LINDA L. CURTIS PATRICIA EGAN DAEHNKE DANA M. DOUGLAS LEE JAY BERMAN, Mediator KATHERINE M. FORSTER ALEXANDER S. GAREEB 213.383.0438 •• www.LeeJayBerman.com VICTOR GEORGE LAURIE R. HARROLD BRIAN D. HUBEN K. ANNE INOUE CINDY JOHNSON PHILIP H. LAM RICHARD A. LEWIS ELAINE W. MANDEL PATRICIA L. McCABE ANNALUISA PADILLA ELLEN A. PANSKY ANN I. PARK THOMAS F. QUILLING STEPHEN L. RAUCHER SUSAN E. REARDON ROGER D. REYNOLDS GERALD M. SALLUS DEBORAH C. SAXE MARGARET P. STEVENS KIM TUNG NORMA J. WILLIAMS ROBIN L. YEAGER AFFILIATED BAR ASSOCIATIONS BEVERLY HILLS BAR ASSOCIATION BLACK WOMEN LAWYERS ASSOCIATION OF LOS ANGELES, INC. CENTURY CITY BAR ASSOCIATION CONSUMER ATTORNEYS ASSOCIATION OF LOS ANGELES CULVER-MARINA BAR ASSOCIATION EASTERN BAR ASSOCIATION GLENDALE BAR ASSOCIATION IRANIAN AMERICAN LAWYERS ASSOCIATION ITALIAN AMERICAN LAWYERS ASSOCIATION JAPANESE AMERICAN BAR ASSOCIATION OF GREATER LOS ANGELES JOHN M.
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