Law Offices of Mark Litwak & Associates

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​The Hollywood Reporter has published a story that major studios risk losing their franchise rights to major 80’s films like Terminator, Friday the 13th and Who Framed Roger Rabbit because authors have the right to terminate grants to their work and regain ownership under copyright law. Under U.S. copyright law, authors (or, if the authors are not alive, their surviving spouses, children, or executors), can “terminate” copyright assignments they have previously made in certain circumstances and…
​Mark Litwak recently represented Claimant Aletheia Films (Robert Rippberger) in an arbitration against Respondent Raging Nations Films whose principal is Dale Resteghini. The parties had agreed to collaborate in the production of a pilot called “Cracka.” Claimant asserted that Raging Nations had deviated from the production plan, refused to reimburse Claimant its expenses, failed to provide a screen credit, denied Claimant its equity interest and tried to remove it from the project. After four days of…
A Manhattan Beach man, Adam Joiner, was arrested and faces federal charges in connection with an alleged fake movie project that cost investors $14 million dollars, according to a criminal complaint filed in United States District Court. The complaint alleges wire fraud, money laundering and aggravated identity theft. According to the affidavit in support of the complaint, Joiner used fake documents and forged signatures to raise millions of dollars from foreign investment firms based in…
In determining whether an individual providing service to another is an independent contractor or an employee, the “control” test, is often used initially to make this evaluation. To put it simply, an employee is an individual who the employer has the right to exercise control over the manner and means by which the individual performs his or her services.   However on  April 30, 2018, the California Supreme Court adopted an expansive definition of “employee” and…
Eight persons who are behind two of the largest illegal streaming services in the U.S. have been indicted on charges of conspiring to violate federal criminal copyright law, the Department of Justice has announced.  According to the indictment, the defendants allegedly ran an entity called Jetflicks, an online subscription-based service based in Las Vegas, Nevada, that permitted users to stream and, sometimes download copyrighted television programs without the consent of the copyright holders. The defendants…
Eight persons who are behind two of the largest illegal streaming services in the U.S. have been indicted on charges of conspiring to violate federal criminal copyright law, the Department of Justice has announced.  According to the indictment, the defendants allegedly ran an entity called Jetflicks, an online subscription-based service based in Las Vegas, Nevada, that permitted users to stream and, sometimes download copyrighted television programs without the consent of the copyright holders. The defendants…
​The Music Modernization Act (aka the Orrin G. Hatch Music Modernization Act), was passed unanimously in the Senate. The bill is now waiting on a vote in the House of Representatives, where it is expected to pass and then be signed by President Trump and become law. At a time when bipartisan agreement is rare, this was an extraordinary compromise supported by both Democrats and Republicans as well as most of the music industry. The bill is…
​The Music Modernization Act (aka the Orrin G. Hatch Music Modernization Act), was passed unanimously in the Senate. The bill is now waiting on a vote in the House of Representatives, where it is expected to pass and then be signed by President Trump and become law. At a time when bipartisan agreement is rare, this was an extraordinary compromise supported by both Democrats and Republicans as well as most of the music industry. The bill is…
​As reported in the Los Angeles Times, the home video market for sales and rentals of movies continues to decline as more consumers turn to Netflix and other services for movies. Revenue from sales and rentals of movies and television shows totaled $12 billion in 2016, down seven percent from the prior year, according to data released Friday by trade organization Digital Entertainment Group. At the same time, subscription streaming services continued rapid growth, increasing…
​As reported in the Los Angeles Times, the home video market for sales and rentals of movies continues to decline as more consumers turn to Netflix and other services for movies. Revenue from sales and rentals of movies and television shows totaled $12 billion in 2016, down seven percent from the prior year, according to data released Friday by trade organization Digital Entertainment Group. At the same time, subscription streaming services continued rapid growth, increasing…