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Recent Law Watch Results
Loislaw LawWatch is provided as a service of Loislaw.com, a division of Aspen Publishing. Loislaw LawWatch provides access to recent cases based on the search criteria provided by your section. The search criteria may be by area of practice, by court, and /or by date. The NYSBA also provides a basic level of free legal research to all members. You may access free legal research from Loislaw through your MyNYSBA page or through For Attorneys. license and (music or television) - license and (music or television)
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
copyright - copyright
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
copyright - copyright
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
license and (music or television) - license and (music or television)
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
"motion picture" - "motion picture"
SBRIGATO v. JC PENNY CORP., INC., 20700/09 (6-21-2012)
20700/09
Decided on June 21, 2012
Plaintiff has alleged causes of action for defamation, false imprisonment and intentional infliction of emotional distress based on defendant's employee's detaining her on April 14, 2009 for taking a watch from defendant's store. On that afternoon, plaintiff entered defendant's store located at the Staten Island Mall with her seven-year-old son and five-year-old daughter. It is undisputed that defendant's loss prevention officers, while monitoring the store's surveillance cameras, observed plaintiff ...
license and (music or television) - license and (music or television)
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
copyright - copyright
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
copyright - copyright
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
license and (music or television) - license and (music or television)
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
"motion picture" - "motion picture"
SBRIGATO v. JC PENNY CORP., INC., 20700/09 (6-21-2012)
20700/09
Decided on June 21, 2012
Plaintiff has alleged causes of action for defamation, false imprisonment and intentional infliction of emotional distress based on defendant's employee's detaining her on April 14, 2009 for taking a watch from defendant's store. On that afternoon, plaintiff entered defendant's store located at the Staten Island Mall with her seven-year-old son and five-year-old daughter. It is undisputed that defendant's loss prevention officers, while monitoring the store's surveillance cameras, observed plaintiff ...
license and (music or television) - license and (music or television)
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
copyright - copyright
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
copyright - copyright
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
license and (music or television) - license and (music or television)
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
"motion picture" - "motion picture"
SBRIGATO v. JC PENNY CORP., INC., 20700/09 (6-21-2012)
20700/09
Decided on June 21, 2012
Plaintiff has alleged causes of action for defamation, false imprisonment and intentional infliction of emotional distress based on defendant's employee's detaining her on April 14, 2009 for taking a watch from defendant's store. On that afternoon, plaintiff entered defendant's store located at the Staten Island Mall with her seven-year-old son and five-year-old daughter. It is undisputed that defendant's loss prevention officers, while monitoring the store's surveillance cameras, observed plaintiff ...
license and (music or television) - license and (music or television)
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
copyright - copyright
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
copyright - copyright
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
license and (music or television) - license and (music or television)
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
"motion picture" - "motion picture"
SBRIGATO v. JC PENNY CORP., INC., 20700/09 (6-21-2012)
20700/09
Decided on June 21, 2012
Plaintiff has alleged causes of action for defamation, false imprisonment and intentional infliction of emotional distress based on defendant's employee's detaining her on April 14, 2009 for taking a watch from defendant's store. On that afternoon, plaintiff entered defendant's store located at the Staten Island Mall with her seven-year-old son and five-year-old daughter. It is undisputed that defendant's loss prevention officers, while monitoring the store's surveillance cameras, observed plaintiff ...
license and (music or television) - license and (music or television)
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
copyright - copyright
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
copyright - copyright
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
license and (music or television) - license and (music or television)
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
"motion picture" - "motion picture"
SBRIGATO v. JC PENNY CORP., INC., 20700/09 (6-21-2012)
20700/09
Decided on June 21, 2012
Plaintiff has alleged causes of action for defamation, false imprisonment and intentional infliction of emotional distress based on defendant's employee's detaining her on April 14, 2009 for taking a watch from defendant's store. On that afternoon, plaintiff entered defendant's store located at the Staten Island Mall with her seven-year-old son and five-year-old daughter. It is undisputed that defendant's loss prevention officers, while monitoring the store's surveillance cameras, observed plaintiff ...
license and (music or television) - license and (music or television)
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
copyright - copyright
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
copyright - copyright
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
license and (music or television) - license and (music or television)
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
"motion picture" - "motion picture"
SBRIGATO v. JC PENNY CORP., INC., 20700/09 (6-21-2012)
20700/09
Decided on June 21, 2012
Plaintiff has alleged causes of action for defamation, false imprisonment and intentional infliction of emotional distress based on defendant's employee's detaining her on April 14, 2009 for taking a watch from defendant's store. On that afternoon, plaintiff entered defendant's store located at the Staten Island Mall with her seven-year-old son and five-year-old daughter. It is undisputed that defendant's loss prevention officers, while monitoring the store's surveillance cameras, observed plaintiff ...
license and (music or television) - license and (music or television)
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
copyright - copyright
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
copyright - copyright
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
license and (music or television) - license and (music or television)
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
"motion picture" - "motion picture"
SBRIGATO v. JC PENNY CORP., INC., 20700/09 (6-21-2012)
20700/09
Decided on June 21, 2012
Plaintiff has alleged causes of action for defamation, false imprisonment and intentional infliction of emotional distress based on defendant's employee's detaining her on April 14, 2009 for taking a watch from defendant's store. On that afternoon, plaintiff entered defendant's store located at the Staten Island Mall with her seven-year-old son and five-year-old daughter. It is undisputed that defendant's loss prevention officers, while monitoring the store's surveillance cameras, observed plaintiff ...
license and (music or television) - license and (music or television)
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
copyright - copyright
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
copyright - copyright
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
license and (music or television) - license and (music or television)
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
"motion picture" - "motion picture"
SBRIGATO v. JC PENNY CORP., INC., 20700/09 (6-21-2012)
20700/09
Decided on June 21, 2012
Plaintiff has alleged causes of action for defamation, false imprisonment and intentional infliction of emotional distress based on defendant's employee's detaining her on April 14, 2009 for taking a watch from defendant's store. On that afternoon, plaintiff entered defendant's store located at the Staten Island Mall with her seven-year-old son and five-year-old daughter. It is undisputed that defendant's loss prevention officers, while monitoring the store's surveillance cameras, observed plaintiff ...
license and (music or television) - license and (music or television)
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
copyright - copyright
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
copyright - copyright
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
license and (music or television) - license and (music or television)
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
"motion picture" - "motion picture"
SBRIGATO v. JC PENNY CORP., INC., 20700/09 (6-21-2012)
20700/09
Decided on June 21, 2012
Plaintiff has alleged causes of action for defamation, false imprisonment and intentional infliction of emotional distress based on defendant's employee's detaining her on April 14, 2009 for taking a watch from defendant's store. On that afternoon, plaintiff entered defendant's store located at the Staten Island Mall with her seven-year-old son and five-year-old daughter. It is undisputed that defendant's loss prevention officers, while monitoring the store's surveillance cameras, observed plaintiff ...
license and (music or television) - license and (music or television)
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
copyright - copyright
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
copyright - copyright
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
license and (music or television) - license and (music or television)
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
"motion picture" - "motion picture"
SBRIGATO v. JC PENNY CORP., INC., 20700/09 (6-21-2012)
20700/09
Decided on June 21, 2012
Plaintiff has alleged causes of action for defamation, false imprisonment and intentional infliction of emotional distress based on defendant's employee's detaining her on April 14, 2009 for taking a watch from defendant's store. On that afternoon, plaintiff entered defendant's store located at the Staten Island Mall with her seven-year-old son and five-year-old daughter. It is undisputed that defendant's loss prevention officers, while monitoring the store's surveillance cameras, observed plaintiff ...
license and (music or television) - license and (music or television)
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
copyright - copyright
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
copyright - copyright
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
license and (music or television) - license and (music or television)
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
"motion picture" - "motion picture"
SBRIGATO v. JC PENNY CORP., INC., 20700/09 (6-21-2012)
20700/09
Decided on June 21, 2012
Plaintiff has alleged causes of action for defamation, false imprisonment and intentional infliction of emotional distress based on defendant's employee's detaining her on April 14, 2009 for taking a watch from defendant's store. On that afternoon, plaintiff entered defendant's store located at the Staten Island Mall with her seven-year-old son and five-year-old daughter. It is undisputed that defendant's loss prevention officers, while monitoring the store's surveillance cameras, observed plaintiff ...
license and (music or television) - license and (music or television)
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
copyright - copyright
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
copyright - copyright
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
license and (music or television) - license and (music or television)
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
"motion picture" - "motion picture"
SBRIGATO v. JC PENNY CORP., INC., 20700/09 (6-21-2012)
20700/09
Decided on June 21, 2012
Plaintiff has alleged causes of action for defamation, false imprisonment and intentional infliction of emotional distress based on defendant's employee's detaining her on April 14, 2009 for taking a watch from defendant's store. On that afternoon, plaintiff entered defendant's store located at the Staten Island Mall with her seven-year-old son and five-year-old daughter. It is undisputed that defendant's loss prevention officers, while monitoring the store's surveillance cameras, observed plaintiff ...
license and (music or television) - license and (music or television)
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
copyright - copyright
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
copyright - copyright
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
license and (music or television) - license and (music or television)
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
"motion picture" - "motion picture"
SBRIGATO v. JC PENNY CORP., INC., 20700/09 (6-21-2012)
20700/09
Decided on June 21, 2012
Plaintiff has alleged causes of action for defamation, false imprisonment and intentional infliction of emotional distress based on defendant's employee's detaining her on April 14, 2009 for taking a watch from defendant's store. On that afternoon, plaintiff entered defendant's store located at the Staten Island Mall with her seven-year-old son and five-year-old daughter. It is undisputed that defendant's loss prevention officers, while monitoring the store's surveillance cameras, observed plaintiff ...
license and (music or television) - license and (music or television)
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
copyright - copyright
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
copyright - copyright
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
license and (music or television) - license and (music or television)
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
"motion picture" - "motion picture"
SBRIGATO v. JC PENNY CORP., INC., 20700/09 (6-21-2012)
20700/09
Decided on June 21, 2012
Plaintiff has alleged causes of action for defamation, false imprisonment and intentional infliction of emotional distress based on defendant's employee's detaining her on April 14, 2009 for taking a watch from defendant's store. On that afternoon, plaintiff entered defendant's store located at the Staten Island Mall with her seven-year-old son and five-year-old daughter. It is undisputed that defendant's loss prevention officers, while monitoring the store's surveillance cameras, observed plaintiff ...
license and (music or television) - license and (music or television)
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
copyright - copyright
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
copyright - copyright
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
license and (music or television) - license and (music or television)
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
"motion picture" - "motion picture"
SBRIGATO v. JC PENNY CORP., INC., 20700/09 (6-21-2012)
20700/09
Decided on June 21, 2012
Plaintiff has alleged causes of action for defamation, false imprisonment and intentional infliction of emotional distress based on defendant's employee's detaining her on April 14, 2009 for taking a watch from defendant's store. On that afternoon, plaintiff entered defendant's store located at the Staten Island Mall with her seven-year-old son and five-year-old daughter. It is undisputed that defendant's loss prevention officers, while monitoring the store's surveillance cameras, observed plaintiff ...
license and (music or television) - license and (music or television)
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
copyright - copyright
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
copyright - copyright
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
license and (music or television) - license and (music or television)
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
"motion picture" - "motion picture"
SBRIGATO v. JC PENNY CORP., INC., 20700/09 (6-21-2012)
20700/09
Decided on June 21, 2012
Plaintiff has alleged causes of action for defamation, false imprisonment and intentional infliction of emotional distress based on defendant's employee's detaining her on April 14, 2009 for taking a watch from defendant's store. On that afternoon, plaintiff entered defendant's store located at the Staten Island Mall with her seven-year-old son and five-year-old daughter. It is undisputed that defendant's loss prevention officers, while monitoring the store's surveillance cameras, observed plaintiff ...
license and (music or television) - license and (music or television)
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
copyright - copyright
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
copyright - copyright
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
license and (music or television) - license and (music or television)
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
"motion picture" - "motion picture"
SBRIGATO v. JC PENNY CORP., INC., 20700/09 (6-21-2012)
20700/09
Decided on June 21, 2012
Plaintiff has alleged causes of action for defamation, false imprisonment and intentional infliction of emotional distress based on defendant's employee's detaining her on April 14, 2009 for taking a watch from defendant's store. On that afternoon, plaintiff entered defendant's store located at the Staten Island Mall with her seven-year-old son and five-year-old daughter. It is undisputed that defendant's loss prevention officers, while monitoring the store's surveillance cameras, observed plaintiff ...
license and (music or television) - license and (music or television)
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
copyright - copyright
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
copyright - copyright
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
license and (music or television) - license and (music or television)
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
"motion picture" - "motion picture"
SBRIGATO v. JC PENNY CORP., INC., 20700/09 (6-21-2012)
20700/09
Decided on June 21, 2012
Plaintiff has alleged causes of action for defamation, false imprisonment and intentional infliction of emotional distress based on defendant's employee's detaining her on April 14, 2009 for taking a watch from defendant's store. On that afternoon, plaintiff entered defendant's store located at the Staten Island Mall with her seven-year-old son and five-year-old daughter. It is undisputed that defendant's loss prevention officers, while monitoring the store's surveillance cameras, observed plaintiff ...
license and (music or television) - license and (music or television)
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
copyright - copyright
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
copyright - copyright
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
license and (music or television) - license and (music or television)
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
"motion picture" - "motion picture"
SBRIGATO v. JC PENNY CORP., INC., 20700/09 (6-21-2012)
20700/09
Decided on June 21, 2012
Plaintiff has alleged causes of action for defamation, false imprisonment and intentional infliction of emotional distress based on defendant's employee's detaining her on April 14, 2009 for taking a watch from defendant's store. On that afternoon, plaintiff entered defendant's store located at the Staten Island Mall with her seven-year-old son and five-year-old daughter. It is undisputed that defendant's loss prevention officers, while monitoring the store's surveillance cameras, observed plaintiff ...
license and (music or television) - license and (music or television)
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
copyright - copyright
BUDAY v. NEW YORK YANKEES PARTNERSHIP, 11-4803-cv (2nd Cir. 6-26-2012)
No. 11-4803-cv.
June 26, 2012.
Plaintiff-appellant Tanit Buday appeals from the district court's judgment granting the motion of the New York Yankees Partnership to dismiss Buday's complaint, which alleged that the Yankees failed to pay her uncle, Kenneth Timur, for a logo that he designed for the team in the 1930s and revised in 1947. The district court concluded that because this suit does not involve a federal question, the court lacked subject matter jurisdiction, and that, even if jurisdiction existed, Buday's complaint failed ... "We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction is appropriate "when the district court lacks the...
copyright - copyright
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
license and (music or television) - license and (music or television)
FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC., 11-2011-cv (2nd Cir. 6-26-2012)
No. 11-2011-cv
Decided: June 26, 2012
Plaintiffs-Appellants Forest Park Pictures, Tove Christensen, and Hayden Christensen appeal from an order of the United States District Court for the Southern District of New York (Colleen McMahon, Judge) granting Defendant-Appellee Universal Television Network's motion to dismiss on the grounds that this breach of contract action is preempted by the Copyright Act. We reach a different conclusion. Plaintiffs-Appellants adequately alleged a contract that includes an implied promise to pay. Because this ... This dispute over the concept for a television show presents the question of the extent to which the Copyright Act, 17 U.S.C. § 101 et seq., preempts contract claims involving copyrightable property. Plaintiffs-Appellants Forest Park Pictures, Hayden...
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