Breaking Tidbits from the World of Filmmaking, Commercialmaking, Television and Entertainment Production Updated Throughout the Week
June 21, 2013
Tokyo court backs Apple against Samsung on patentTOKYO (AP) — Apple Inc. has won a patent infringement lawsuit against Samsung Electronics Co. in a Japanese court, one of dozens of legal battles around the world between the technology giants.
The Tokyo District Court issued a partial verdict Friday in favor of Apple. Damages were not announced.
The court said in a summary that further examination is needed to determine if Samsung must pay compensation, and if so, how much. A final verdict is expected later.
Apple and Samsung are embroiled in similar battles in the U.S., South Korea, Germany, Italy, the Netherlands, Britain, France and Australia.
The latest was over “bounce-back” technology for scrolling on devices. Samsung was found to have infringed Apple’s patent on previous models of the Galaxy phone and tablet series. Samsung has since changed its smartphone design to show a blue light, instead of bouncing back.
The two companies are competing fiercely in global markets, and accuse each other of illegally using various technologies.
Samsung said it will study the ruling before deciding whether to appeal.
Downey Jr. signs on for 2 more ‘Avengers’ filmsNEW YORK (AP) — Robert Downey Jr. has signed up for two more “Avengers” films.
Marvel announced Thursday that the actor will reprise his role as Iron Man/Tony Stark for “The Avengers 2” and “The Avengers 3.” Downey Jr. has played the character in a trilogy of “Iron Man” movies, as well as the first superhero ensemble “Avengers” film, which made $2.7 billion worldwide.
Joss Whedon is to return as director of the next “Avengers” film. He is writing the screenplay now. Production is to begin in March, with a theatrical release in May 2015.
The 48-year-old actor had previously suggested “Iron Man 3” might be his last spin in a stand-alone “Iron Man” film. Marvel’s announcement made no mention of an “Iron Man 4” release.
Yahoo completes $1.1B deal for TumblrSUNNYVALE, Calif. (AP) — Yahoo has completed its $1.1 billion acquisition of online blogging forum Tumblr.
The move represents Yahoo CEO Marissa Mayer’s boldest move since she left Google a little less than a year ago to lead Yahoo’s comeback.
It also marks Yahoo’s most expensive acquisition since the Sunnyvale, Calif., company bought online search engine Overture for $1.3 billion 10 years ago.
Mayer is betting that Tumblr, a six-year-old service started by high school dropout David Karp, will help Yahoo bring in more traffic and advertisers on smartphones and tablets.
Under the terms originally announced in May, Tumblr will remain independently operated and Karp will stay CEO.
Sam Taylor-Johnson to direct ‘Fifty Shades’ movie
LONDON (AP) — British visual artist and filmmaker Sam Taylor-Johnson has been signed to direct the movie version of erotic best-seller “Fifty Shades of Grey,” producers have announced.
Taylor-Johnson, whose only previous feature was the 2009 John Lennon biopic “Nowhere Boy,” promised she would “honor the power” of the book, which has sold millions of copies and spawned countless imitators.
The announcement was made Wednesday by Universal Pictures and Focus Features. Producer Michael De Luca said Taylor-Johnson’s “unique ability to gracefully showcase complex relationships dealing with love, emotion and sexual chemistry make her the ideal director” for the story of the S&M-tinged romance between a young student and an enigmatic billionaire.
“Fifty Shades” author E.L. James tweeted that she was “delighted and thrilled” by the choice.
The 46-year-old director, previously known as Sam Taylor-Wood, is one of Britain’s best-known visual artists. Her works include a video portrait of David Beckham sleeping that hangs in London’s National Portrait Gallery. She also made “Crying Men,” a compilation of Hollywood actors in tears.
In 2012 she married “Kick-Ass” star Aaron Johnson, whom she met when he played the young Lennon in “Nowhere Boy.” Both adopted the surname Taylor-Johnson.
Sony chief says time needed to study proposalBy Yuri Kageyama, Business Writer
TOKYO (AP) — Sony Corp. needs more time to study a key proposal from a U.S. hedge fund to spin off a part of its entertainment unit as a way to propel its fledgling revival, the chief executive told shareholders Thursday.
Sony Chief Executive Kazuo Hirai was speaking to a Tokyo hall packed with thousands of investors for an annual general shareholders’ meeting, where the proposal from Third Point hedge fund, led by activist investor and billionaire Daniel Loeb, was high on people’s minds. It was the first question from the floor.
Hirai reiterated his position that Sony takes the proposal seriously, and it will be discussed by the company board. But he ruled out a quick decision.
“This is an important proposal that will influence the future of Sony,” he said. “This will take time, and we are not going to come to a conclusion for the sake of coming to a conclusion.”
Loeb has proposed selling up to a 20 percent stake in Sony’s relatively healthy movie, TV and music business.
Third Point, one of Sony’s top shareholders, said this week it has raised its stake to 6.9 percent from the 6.5 percent Loeb had said the fund owned, when it first made the proposal last month.
Loeb is best known for instigating a mass shake-up at Yahoo Inc.
He is proposing the money raised from selling a part of Sony’s entertainment division be used to strengthen its troubled electronics operations.
His proposal was not up for a vote at the nearly two-hour shareholders’ meeting, which approved new board members and a proposal on stock options. Sony said more than 10,000 people took part in the meeting.
Some analysts have been advocating changes at Sony, similar to what Loeb has suggested.
Takao Miyake, a retired shareholder who had attended the meeting, agreed.
“I think Sony is caught up in their own ways,” he said. “Working with the hedge fund is the only way to survive.”
Others were unsure. Takeshi Kawamata, 56, a businessman who owns 100 Sony shares, hadn’t heard about the hedge fund proposal before.
“How should we know if we can trust the hedge fund or not?” he said.
Hiroshi Sakai, chief analyst at SMBC Friend Research Center, said that Sony will likely need some time to get used to the idea of letting go of part of its entertainment business.
“I think Third Point understands that as well,” said Sakai. “They are just trying to put pressure on Sony.”
Tokyo-based Sony has run into hard times in recent years despite a glorious nearly seven-decade history of having pioneered products, such as the Walkman portable player.
Sony, which also makes the PlayStation 3 game machine and Bravia flat-panel TVs, has fallen behind rivals such as Apple Inc. of the U.S. and South Korea’s Samsung Electronics Co.
It was also battered by natural disasters in Japan in 2011, as well as an unfavorable currency rate, although that disadvantage has lessened with the yen cheapening in recent months.
The company barely turned a profit for the fiscal year ended March 31, its first in five years.
Hirai, who took office last year, promised a revival at Sony, focusing on smartphones, digital imaging and games, as well as turning around its money-losing TV operations. Sony is also trying to move into new fields such as medical equipment, having set up a joint venture with Olympus Corp.
He said Sony has undergone drastic restructuring under his helm over the last year, an effort that he called unprecedented in company history. He said he was talking frequently with Sony engineers to prevent any brain drain and boost morale. He said he was determined to make sure all products were “fitting of putting S-O-N-Y on them.”
“We want people to say that a world without Sony would be no fun at all,” he said.
Sony shares, which momentarily rose 1.7 percent, ended virtually unchanged at 2,013 yen in Tokyo trading, down 0.10 percent.
Netflix to expand to Netherlands later this yearLOS GATOS, Calif. (AP) — Netflix is going Dutch.
The online video giant says it will expand into the Netherlands, its 41st country, later this year.
Subscribers will be able to stream Hollywood fare, local TV series and Netflix originals like “House of Cards” and “Arrested Development” on TVs, game consoles, computers and mobile devices.
Netflix Inc. didn’t offer details on pricing, saying only there would be a “low monthly price.”
As of the end of March, Netflix had 29.2 million streaming subscribers in the U.S. and 7.1 million internationally. Those figures are up 5.8 million and 4.1 million respectively from a year ago.
Netflix, which launched its streaming video service in 2007, expanded to Canada in 2010, Latin America in 2011 and the U.K., Ireland, Finland, Denmark, Sweden and Norway last year.
DreamWorks strikes TV show deal in GermanyLOS ANGELES–DreamWorks Animation, the studio that is home to Shrek, Kung Fu Panda and Madagascar, is making its way to Germany television under a deal with a children’s television operator.
Dreamworks and Super RTL announced a five-year television agreement Tuesday under which they will provide animated shows inspired by DreamWorks productions, such as How to Train Your Dragon, and a show based on the soon-to-be-released film Turbo.
All the original series produced by DreamWorks Animation will air exclusively in Germany on Super RTL’s broadcast. The company will also get access to the DreamWorks Classics Library, which includes a number of classic animation shows.
The financial terms were not disclosed. The arrangement begins in September.
DreamWorks and Netflix Inc. announced a similar deal Monday to offer original television shows through Netflix. The companies said the deal, which begins in 2014, is the biggest transaction ever for original first-run content.
Netflix does not operate in Germany.
These kinds of deals provide DreamWorks another outlet for its shows and a revenue stream outside of the two or three big-budget movies it produces each year.
Shares of DreamWorks increased 26 cents to $24 by midday Tuesday, just ahead of a broader market gain.
Liberal Media Films Signs Director Randal Ford
DALLAS–Noted still photographer Randal Ford has signed with charlieuniformtango sister company Liberal Media Films as a director. He has already wrapped directorial gigs for Frost Bank via agency McGarrah Jessee, and a Houston Baptist University campaign featuring real students.
Ford related that the transition from still shoots to live action feels right to him. “I love working in mixed media,” he said. “It allows me to offer a high level of continuity to clients—I can shoot both the live action and still work for campaigns. I really enjoy adding layers to a story. Camera movement and a soundtrack give me so much more to work with. Collaborating with talent to tell a story in still photography is fulfilling, but live action takes it to a whole new level.”
James Franco seeks $500,000 in crowd-funding
NEW YORK (AP) — Following crowd-funding campaigns from “Veronica Mars” and Zach Braff, James Franco is seeking to raise $500,000 to bankroll a trilogy of movies.
Franco on Monday night started a campaign on IndieGogo, a crowd-funding site that allows people to keep the money they raise even if the project doesn’t come to fruition. Franco isn’t trying to direct the films; he is raising money so that a collection of young filmmakers can adapt his 2011 short story collection, “Palo Alto.”
Franco pledges to donate any profits from the films to Art of Elysium, a nonprofit that encourages entertainers to visit children with serious medical conditions.
Levels of contribution range from $10 for a copy of the screenplays to $10,000, which gets dinner with Franco and an executive producer credit.
Family sues over Colo. woman’s death in TV project
DENVER (AP) — Survivors of a woman killed during the production of a reality TV show pilot have filed a wrongful death and negligence lawsuit against Discovery Communications Inc. and Anthropic Productions Corp.
Terry Flanell’s husband and daughter filed the lawsuit last week in federal court in Denver.
It says the companies were producing a pilot focusing on the family’s Colorado Springs business, Dragon Arms Inc. The suit says the opening sequence was to have employees walk through a cloud of smoke, but pyrotechnic devices that were used to create the smoke malfunctioned, and one struck Flanell.
The lawsuit alleges no licensed pyrotechnics operator was on scene last year for filming of the “Brothers In Arms” pilot.
A phone number for Anthropic wasn’t listed. A Discovery spokeswoman did not return calls seeking comment.
Warner, Atlantic sued over unpaid internships
NEW YORK (AP) — A former intern filed a class-action lawsuit Monday against Warner Music Group and Atlantic Records over his unpaid internship, similar to a spate of recent lawsuits in other industries pushing back against the widespread practice.
In the filing in state Supreme Court in Manhattan, plaintiff Justin Henry says he was never paid for the office work he performed from October 2007 through May 2008 but should have been under state labor law.
The suit alleges there was no academic or vocational training as part of the internship, and that employees would have needed to be hired to do the work if Henry wasn’t doing it for free. The suit claims Henry routinely worked more than 40 hours a week, but never got any overtime wages.
Atlantic is part of Warner Music Group. Warner declined to comment on pending litigation.
Although Henry is the only plaintiff, attorney Maurice Pianko said it was filed as a class-action suit because there could be others in the same position who decide to join.
Similar lawsuits over unpaid internships have been filed in other industries.
In one lawsuit filed last week, two former interns who worked at W Magazine and The New Yorker sued parent company Conde Nast Publications for allegedly failing to pay them the minimum wage. Another lawsuit has been filed against Hearst Magazines.
A federal judge last week ruled in a case over unpaid internships in the film industry. U.S. District Judge William H. Pauley III ruled that Fox Searchlight Pictures violated minimum wage and overtime laws by not paying interns who worked on production of the 2010 movie “Black Swan.”
In the ruling, Pauley said Fox should have paid the two interns who filed the lawsuit because they did the same work as regular employees, provided value to the company and performed low-level tasks that didn’t require any specialized training.
Netflix to run original TV series from DreamWorksNEW YORK (AP) — Netflix is going to start running original television series from DreamWorks Animation.
Financial terms were not disclosed.
Netflix Inc. says the multi-year agreement is its biggest deal ever for original first-run content and includes more than 300 hours of new programming. It expands on an existing relationship between the companies.
For DreamWorks, the transaction announced Monday is part of a major initiative to expand its television production and distribution worldwide.
Netflix has been adding original programming to its roster of movies, and debuted the original series “House of Cards” on Feb. 1. It has also increased its focus on children’s programming in a move seen as taking a different tack than traditional premium pay TV channels such as HBO, Starz and Showtime, whose original shows are tailored more to adults.
In December Netflix announced it will offer Disney movies, starting with films released in 2016. It declined to make a similar deal for the rights to Sony movies starting in 2016, which was kept by Starz.
The new Dreamworks shows will be inspired by characters from its hit franchises like “Shrek” and “Kung Fu Panda” and upcoming feature films as well as the Classic Media library that DreamWorks Animation SKG Inc. bought last year. The television shows will be commercial free.
The first series is expected to begin airing in 2014 and will be shown in the 40 countries in which Netflix operates.
In February the companies announced their first ever Netflix original series for kids based on the film “Turbo” that is coming out in movie theaters next month. The original series, called “Turbo F.A.S.T.,” will be shown starting in December.
Next year Netflix customers in the U.S. and Latin America will also have access to some of DreamWorks’ newest films, including “The Croods” and “Turbo.”
Google begins launching Internet-beaming balloonsBy Martha Mendoza & Nick Perry
CHRISTCHURCH, New Zealand (AP) — Google is launching Internet-beaming antennas into the stratosphere aboard giant, jellyfish-shaped balloons with the lofty goal of getting the entire planet online.
Eighteen months in the works, the top-secret project was announced Saturday in New Zealand, where up to 50 volunteer households are already beginning to receive the Internet briefly on their home computers via translucent helium balloons that sail by on the wind 12 miles above Earth.
While the project is still in the very early testing stages, Google hopes eventually to launch thousands of the thin, polyethylene-film inflatables and bring the Internet to some of the more remote parts of the globe, narrowing the digital divide between the 2.2 billion people who are online and the 4.8 billion who aren’t.
If successful, the technology might allow countries to leapfrog the expense of installing fiber-optic cable, dramatically increasing Internet usage in places such as Africa and Southeast Asia.
“It’s a huge moonshot, a really big goal to go after,” said project leader Mike Cassidy. “The power of the Internet is probably one of the most transformative technologies of our time.”
The so-called Project Loon was developed in the clandestine Google X lab that also came up with a driverless car and Google’s Web-surfing eyeglasses.
Google would not say how much it is investing in the project or how much customers will be charged when it is up and running.
The first person to get Google Balloon Internet access this week was Charles Nimmo, a farmer and entrepreneur in the small town of Leeston who signed up for the experiment. Technicians attached a bright red, basketball-size receiver resembling a giant Google map pin to the outside of his home.
In a successful preliminary test, Nimmo received the Internet for about 15 minutes before the 49-foot-wide transmitting balloon he was relying on floated out of range. The first thing he did was check the weather forecast because he wanted to find out if it was a good time for “crutching” his sheep, or removing the wool around their rear ends.
Nimmo is among the many rural folk, even in developed countries, who can’t get broadband access. After ditching his dial-up four years ago in favor of satellite Internet service, he has gotten stuck with bills that sometimes exceed $1,000 a month.
“It’s been weird,” Nimmo said of the Google Balloon Internet experience. “But it’s been exciting to be part of something new.”
In recent years, military and aeronautical researchers have used tethered balloons to beam Internet signals back to bases on Earth. Google’s balloons would be untethered and out of sight, strung out in a line around the globe. They would ride the winds around the world while Google ground controllers adjusted their altitude to keep them moving along the desired route.
Ground stations about 60 miles apart would bounce Internet signals up to the balloons. The signals would hop backward from one balloon to the next to keep people continuously connected. Solar panels attached to the inflatables would generate electricity to power the Internet circuit boards, radios and antennas, as well as the onboard flight-control equipment.
Each balloon would provide Internet service for an area twice the size of New York City, or about 780 square miles, and because of their high altitude, rugged terrain is not a problem. The balloons could even beam the Internet into Afghanistan’s steep and winding Khyber Pass.
“Whole segments of the population would reap enormous benefits, from social inclusion to educational and economic opportunities,” said DePauw University media studies professor Kevin Howley.
Once in place, the light but durable balloons wouldn’t interfere with aviation because they fly twice as high as airplanes and well below satellites, said Richard DeVaul, an MIT-trained scientist who founded Project Loon and helped develop Google Glass, eyeglasses with a tiny, voice controlled computer display.
In the U.S., however, Google would have to notify the Federal Aviation Administration when the balloons are on their way up or down. The company is talking with regulators in other countries about meeting their requirements.
The Internet signals travel in the unlicensed spectrum, which means Google doesn’t have to go through the onerous regulatory processes required for Internet providers using wireless communications networks or satellites.
At this stage, the company is putting a few dozen balloons up over New Zealand and then bringing them down after a short period. Later this year, Google hopes to have as many as 300 of them circling the globe continuously along the 40th parallel, on a path that takes them over New Zealand, Australia, Chile and Argentina.
Covering the whole world would require thousands of the balloons. No timetable has been set for that.
Google chose New Zealand in part because of its remoteness. Some Christchurch residents were cut off from the Internet for weeks after a 2011 earthquake that killed 185 people. Google said balloon access could help places suffering natural disasters get back online quickly.
“The potential of a system that can restore connectivity within hours of a crisis hitting is tremendously exciting,” said Imogen Wall at the U.N. Office for the Coordination of Humanitarian Affairs, although she warned that the service must be robust. “If the service fails in a crisis, then lives are lost.”
Temple University communications professor Patrick Murphy warned of mixed consequences, pointing to China and Brazil as places where Internet service promoted democratic principles but also contributed to a surge in consumerism that has resulted in environmental and health problems.
“The nutritional and medical information, farming techniques, democratic principles those are the wonderful parts of it,” he said. “But you also have everyone wanting to drive a car, eat a steak, drink a Coke.”
Already the world’s largest advertising network, Google stands to expand its own empire by bringing the Internet to more corners of the Earth. More users means more potential Google searchers, which in turn translates into more chances for the company to display ads.
Richard Bennett, a fellow with the nonprofit Information Technology and Innovation Foundation, was skeptical of the project, noting that smartphones are increasingly being used in developing countries.
“I’m really glad that Google is doing this kind of speculative research,” he said. “But it remains to be seen how practical any of these things are.”
Before heading to New Zealand, Google spent a few months secretly launching two to five flights a week in California’s Central Valley.
“People were calling in reports about UFOs,” DeVaul said.
Blatchford, Minkkinen join Loyalkaspar
LOS ANGELES–Entertainment branding agency loyalkaspar announced a bicoastal expansion with the addition of Robert Blatchford in the newly created positon of chief development officer (based in Los Angeles) and Anna Minkkinen as creative director (New York). The hires cap off a benchmark year for the agency, which recently opened an LA office and celebrates its 10th anniversary this year.
Blatchford was most recently director of business development at Troika, a position he held for eight years. Spearheading strategic marketing, PR and sales efforts, he played an instrumental role in its evolution from a boutique design shop to a brand consultancy and creative agency. Clients included The CW, AMC, FOX, Canal+, A&E, Food Network, NBC Sports, Starz, Madison Square Garden, and EA Sports.
Minkkinen comes to loyalkaspar after seven years at design studio Trollb�ck + Company. An Emmy-nominated creative director, she has worked on award-winning campaigns for such clients as Nickelodeon, TNT, TVLand, Sesame Street, P&G, Calvin Klein, Sundance Channel and MetLife. Minkkinen has designed for all manner of venues, ranging from experiential installations, giant stadium displays and museums to commercials, broadcast networks and feature films. In addition, she has directed live-action promo campaigns for clients including A&E and Nickelodeon.
Creative team from Happiness Brussels joins Johannes LeonardoNEW YORK–Ad agency Johannes Leonardo announced the appointment of Patrick Glorieux as copywriter and Cecilia Azcarate Isturiz as art director. The creative team is based in the agency’s New York office and reports to Johannes Leonardo’s co-founders and executive creative directors Jan Jacobs and Leo Premutico.
The duo previously worked at Happiness Brussels, where Glorieux was a concept provider and copywriter, and Isturiz was the head of art. Their work has earned them numerous industry accolades from Cannes, D&AD, Clios and London International, to name a few. Last year, their work for Toyota’s “iQ Street View” was awarded five Cannes Lions and won a Grand Prix in Interactive at Eurobest 2012.
The team is tasked with presenting, developing concepts and producing campaigns for a variety of the agency’s clients, including Sprite, Google, Coca-Cola and The Park Avenue Armory.
Google Opens Its Defense In Antitrust Case Alleging Monopoly Over Online Ad Technology
Google opened its defense against allegations that it holds an illegal monopoly on online advertising technology Friday with witness testimony saying the industry is vastly more complex and competitive than portrayed by the federal government.
"The industry has been exceptionally fluid over the last 18 years," said Scott Sheffer, a vice president for global partnerships at Google, the company's first witness at its antitrust trial in federal court in Alexandria.
The Justice Department and a coalition of states contend that Google built and maintained an illegal monopoly over the technology that facilitates the buying and selling of online ads seen by consumers.
Google counters that the government's case improperly focuses on a narrow type of online ads — essentially the rectangular ones that appear on the top and on the right-hand side of a webpage. In its opening statement, Google's lawyers said the Supreme Court has warned judges against taking action when dealing with rapidly emerging technology like what Sheffer described because of the risk of error or unintended consequences.
Google says defining the market so narrowly ignores the competition it faces from social media companies, Amazon, streaming TV providers and others who offer advertisers the means to reach online consumers.
Justice Department lawyers called witnesses to testify for two weeks before resting their case Friday afternoon, detailing the ways that automated ad exchanges conduct auctions in a matter of milliseconds to determine which ads are placed in front of which consumers and how much they cost.
The department contends the auctions are finessed in subtle ways that benefit Google to the exclusion of would-be competitors and in ways that prevent... Read More