3 Count: Disney Defeat

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1: Disney Loses Bid to Dismiss ‘Muppet Babies’ Reboot Copyright Suit

First off today, Winston Cho at The Hollywood Reporter Esquire reports that Disney has failed to dismiss an ongoing case against it over the 2018 reboot of the Muppet Babies TV show.

The lawsuit was filed by Jeffrey Scott, who was a screenwriter of the original 1984 series. He claimed he owned the production bible that the original show was based upon, and Disney did not seek permission or license its use in the reboot. However, his lawsuit was quickly tossed due to issues with a personal bankruptcy, though he was able to reopen those cases and get the control he needed.

Disney then tried to get the case tossed on the grounds that Scott did not provide adequate evidence of infringement. However, the court ruled that there are several elements in the case that could constitute infringement, setting the stage for a trial. The judge also allowed overlapping breach of contract claims to move forward, setting the stage for a possible trial down the road.

2: ISP Hopes to Defeat Record Labels’ Piracy Liability Claims at Trial

Next up today, Ernesto Van der Sar at Torrentfreak writes that the case pitting the major record labels against the internet service provider Grande is heading toward a trial as both parties have submitted their statement of claims to the jury.

The labels sued Grande alleging that it doesn’t do enough to stop piracy on its service. In particular, they claim that Grande did not respond adequately to notices of infringement and failed to terminate the accounts of repeat infringers.

A similar case against Cox Communications saw the ISP get hit with a $1 billion judgment against them. While this has prompted many other providers to settle, Grande is hoping to have better luck in the courtroom, with the trial expected to start in a few weeks.

3: Director of The People’s Joker Releases Statement Regarding Film’s Future

Finally today, Chris Tilly at Dexerto reports that TIFF, a prominent film festival, screened the film The People’s Joker despite a letter claiming that the film was a copyright infringement and screening it could cause them to be held liable.

The film was created by writer and director Vera Drew and portrays the character of The Joker, as a character wrestling with gender identity issues while a “fascist” caped crusader, a stand in for Batman, constantly battles them.

According to Drew, worked with counsel to ensure that the movie was covered under fair use, but that did not stop at least one of the owners of the original intellectual property from sending an “angry letter.” Though TIFF did screen the film (despite initial reports it would not be screened), later screenings have been scaled back to protect those involved.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

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