ADVANCED ENTERTAINMENT LAW
FINAL EXAM

SUMMER 2002



THIS IS AN CLOSED BOOK, CLOSED MATERIALS EXAM .

 You have three (3) hours to complete the exam.

 There are two (2) essay questions on this exam. Each question is worth fifty (50) points. I suggest you spend 1/3r° of your time on each question outlining your response, and then write for the remaining time you allocate for each question. If you use the full period of three hours, this would mean outlining for 30 minutes and writing for 60 minutes on each question. Each subpart is equally weighted for grading purposes, so divide your response evenly among the subparts - do not write a full answer for one part and a short answer for another part. Answer each question as fully as you can, citing any appropriate cases, industry standards, and statutes that are relevant. Write your answer in a blue book, or type it on plain, unmarked typing paper.

 PLACE YOUR EXAM NUMBER ON EACH BLUE BOOK OR TYPED PAGE.

 At the end of the exam, please turn in your exam books, scratch sheets and exam questions.

 DO NOT WRITE ON BOTH SIDES OF THE PAGE.

 WRITE LEGIBLY OR PRINT IF YOUR HANDWRITING IS DIFFICULT TO READ. If I cannot read your response to a question, your grade will be adversely affected

 WRITE ON EVERY OTHER LINE.


 Question 1.

 Your client, Pauli Producer has come to you regarding his latest production - Celebrity Home Video. Celebrity Home Video is a new prime-time reality show that follows a different celebrity around for a straight forty-eight hours without interruption. The celebrity agrees to allow ten cameras follow their every move for forty-eight hours. The film is then edited down entirely at the discretion of the producers to approximately forty-eight minutes to assemble the one-hour show.

 Paulie was contacted by Brad Zitt and Jessica Anston, the biggest Hollywood couple who wanted to discuss being on the Premiere Episode. Paulie was invited to their house for initial discussion regarding the terms of the project. Pantie arrived at the Zitt compound about 30 minutes early to look around for camera placement. As Paulie arrived at the Compound the guard waved him onto the property. As he walked around the outside of the house with his personal video camera he noticed an open curtain where the Zitts were in full view in their bedroom engaged in intimate sexual activity: Paulie filmed the couple's activity, and then without further contact with them, got in his car and left.

 Paulie now comes to you for advice and assistance. He asks you to contact The Zitts' representatives and let them know that he plans to use his film footage of their intimate activity as the Premiere Episode. He asks you whether the Pitts have any claim against him for airing this film clip, and what those claim(s) might be. He also asks you whether he has any defenses to any claims raised by the Pitts, and what those defenses might be. And, as clients often do, he asks you who is likely to win on their respective claims and defenses. What is your response?


 Question 2.

 Your client, Petey Publisher calls you from the Tabasco County jail. He has been arrested for the anticipated sale of his new magazine "Serial Killer Today." A quarterly magazine that profiles different serial killers in pictures, biographies, interviews, etc. He says that the police arrested him on a County Statute that reads:

 Petey is obviously very worried about the possibility of facing five years in prison.

 Further, Petey has also explained that he has received a cease and desist letter from the Fizzy Soft-Drink Company because they got an advanced copy of the new magazine and Charlie Munson, the most notorious serial killer in history is shown in a photograph drinking a Fizzy Cola. Further, the interview stated the following:

 Interviewer: "How do you get through the day knowing you'll never leave here?"

 Munson: "It's all about a good blood and guts thriller and my Fizzy Cola."

 Interviewer: "Really?"

 Munson: "I don't kid around, this is the stuff that makes me tick."

 The Fizzy Soft-Drink Company has said to either remove the article and photograph or they will sue you for trademark infringement.

 How do you advise Petey as to the issues raised in each of these situations?