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Marvin Gaye’s Family Wins “Blurred Lines” Case on Appeal: Robin Thicke, Pharrell Got to Give it Up– $5.3 Million

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Marvin Gaye’s heirs have triumphed in their case against Robin Thicke and Pharrell on appeal. The appeal judge in the Ninth Circuit, Milan D. Smith Jr., has confirmed the Gaye family’s win against the two songwriters over “Blurred Lines.” He also says it sounds just like “Got to Give it Up.”

The Gayes won $5.3 million in the 2015 case. Thicke, Pharrell, and rapper T.I. were the original defendants. But Smith took T.I. out of the case because he wasn’t really involved.

Smith said: “Musical compositions are not confined to a narrow range of expression. We conclude that the district court did not abuse its discretion in denying the Thicke Parties’ motion for a new trial.”

Smith disagreed with the dissenting judge’s opinion in favor of Thicke and Pharrell. He wrote:

“[T]he dissent prophesies that our decision will shake the foundations of copyright law, imperil the music industry, and stifle creativity,” he wrote. “It even suggests that the Gayes’ victory will come back to haunt them, as the Gayes’ musical compositions may now be found to infringe any number of famous songs preceding them. Respectfully,hese conjectures are unfounded hyperbole. Our decision does not grant license to copyright a musical style or ‘groove.’ Nor does it upset the balance Congress struck between the freedom of artistic expression, on the one hand, and copyright protection of the fruits of that expression, on the other hand. … Far from heralding the end of musical creativity as we know it, our decision, even construed broadly, reads more accurately as a cautionary tale for future trial counsel wishing to maximize their odds of success.”

A lot of famous songwriters I know don’t like the “Blurred Lines” case because they think it will put a chill on composing and make it too easy for their songs to be contested. But I disagree. Really original music cannot be challenged. It’s only when a lay person like you or me can hear the similarities. Every time “Blurred Lines” commences on the radio, I think it’s “Got to Give it Up.” And that’s what did Thicke in. As for Pharrell, who knows what happened? He’s written so many great songs, this case is a weird one.

Good for the Gayes.

 

 

 

Daytime Emmy Nominations: Marla Adams, 79 and In Her Prime, Will Win Best Supporting Actress

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Here are the Daytime Emmy nominations. Unaccountably, Megyn Kelly got one for her morning, which is sort of unwatchable.  But the show got the nod, not her.

Anyway, this is all about soap operas. Marla Adams is 79 years old. I remember her on The Young and the Restless years ago. Last year they brought her back to play an Alzheimers story line. Take a look at any of her scenes. She wins, hands down. Adams is a journeywoman actress. She was one of Natalie Wood’s pals in “Splendor in the Grass” in 1961 (with Warren Beatty).

Her imdb is full of work every year since then until 2001, when she must have stopped. Then she had 16 years of life. Now she comes back, and steals the show. What a story. Next year, Max Gail of “Barney Miller” fame, will pick up a similar award for playing a character with Alzheimer’s on “General Hospital.” Soon, everyone on soaps will want Alzheimer’s. But it’s something a real actor can actually play, rather than amnesia, fake twin, etc. Gail is on fire right now.

Lifetime achievement will go to Susan Seaforth Hayes, who’s been on “Days of our Lives” since 1968, and her husband, Bill Hayes, who’s 90 and has been on since the 70s. They were once on the cover of Time magazine. Now Meredith Publishing, which just bought Time, is trying to sell it so they don’t have to deal with it. Imagine this– Time magazine, the gold standard in journalism. But I digress: the Hayeses are a rare commodity in Hollywood. They deserve some recognition. Seaforth-Hayes is also nominated for Best Supporting Actress this year but she’s only 74. She has time. Marla Adams has it.

OUTSTANDING DRAMA SERIES
The Bold and the Beautiful
Days of Our Lives
General Hospital
The Young and the Restless

OUTSTANDING LEAD ACTRESS IN A DRAMA SERIES
Eileen Davidson (Ashley, Y&R)
Nancy Lee Grahn (Alexis, GH)
Marci Miller (Abigail, Days)
Maura West (Ava, GH)
Laura Wright (Carly, GH)

OUTSTANDING LEAD ACTOR IN A DRAMA SERIES
Peter Bergman (Jack, Y&R)
Michael Easton (Finn, GH)
John McCook (Eric, B&B)
Billy Miller (Jason/Drew, GH)
James Reynolds (Abe, Days)

OUTSTANDING SUPPORTING ACTRESS IN A DRAMA SERIES
Marla Adams, (Dina, Y&R)
Camryn Grimes (Mariah, Y&R)
Susan Seaforth Hayes (Julie, Days)
Elizabeth Hendrickson (Chloe, Y&R)
Mishael Morgan (Hilary, Y&R)
Jacqueline MacInnes Wood (Steffy, B&B)

OUTSTANDING SUPPORTING ACTOR IN A DRAMA SERIES
Wally Kurth (Ned, GH)
Chandler Massey (Will, Days)
Anthony Montgomery (Andre, GH)
Greg Rikaart (Kevin, Y&R)
Greg Vaughn (Eric, Days)

OUTSTANDING YOUNGER ACTRESS IN A DRAMA SERIES
Reign Edwards (Nicole, B&B)
Hayley Erin (Kiki, GH)
Cait Fairbanks (Tessa, Y&R)
Olivia Rose Keegan (Claire, Days)
Chloe Lanier (Nelle, GH)

OUTSTANDING YOUNGER ACTOR IN A DRAMA SERIES
Lucas Adams (Tripp, Days)
Rome Flynn (Zende, B&B)
Tristan Lake Leabu (Reed, Y&R)
Casey Moss (JJ, Days)
Hudson West (Jake, GH)

OUTSTANDING DRAMA SERIES WRITING TEAM
The Bold and the Beautiful
Days of Our Lives
General Hospital
The Young and the Restless

OUTSTANDING DRAMA SERIES DIRECTING TEAM
The Bold and the Beautiful
Days of Our Lives
General Hospital
The Young and the Restless

OUTSTANDING GAME SHOW HOST
Wayne Brady, Let’s Make a Deal
Chris Harrison, Who Wants to Be a Millionaire
Steve Harvey, Family Feud
Pat Sajak, Wheel of Fortune
Alex Trebek, Jeopardy!

OUTSTANDING GAME SHOW
Family Feud
Jeopardy!
Let’s Make a Deal
The Price Is Right
Who Wants to Be a Millionaire

OUTSTANDING LEGAL COURTROOM PROGRAM
Couples Court With the Cutlers
Divorce Court
Judge Judy
Judge Mathis
Justice With Judge Mablean
The People’s Court

OUTSTANDING MORNING PROGRAM
CBS Sunday Morning
CBS This Morning
Good Morning America
Today

OUTSTANDING ENTERTAINMENT NEWS PROGRAM
Access Hollywood
Daily Mail TV
E! News
Entertainment Tonight
Extra

OUTSTANDING INFORMATIVE TALK SHOW HOSTS
Kit Hoover and Natalie Morales, Access Hollywood Live
Dr. Mehmet Oz, The Dr. Oz Show
Larry King, Larry King Now
Kellie Pickler and Ben Aaron, Pickler and Ben
Steve Harvey, Steve

OUTSTANDING INFORMATIVE TALK SHOW
The Chew
The Dr. Oz Show
Larry King Now
Megyn Kelly Today
Steve

OUTSTANDING ENTERTAINMENT TALK SHOW HOSTS
Harry Connick Jr., Harry
Kelly Ripa and Ryan Seacrest, Live With Kelly and Ryan
Adrienne Houghton, Loni Love, Jeannie Mai and Tamera Mowry-Housley, The Real
Whoopi Goldberg, Joy Behar, Sara Haines, Sunny Hostin, Megan McCain, Paula Faris and Jedediah Bila, The View
Julie Chen, Sara Gilbert, Sharon Osbourne, Aisha Tyler and Sheryl Underwood, The Talk

OUTSTANDING ENTERTAINMENT TALK SHOW
Ellen
Live With Kelly and Ryan
The Real
The View
The Talk

Bruce Springsteen on Broadway Will Run til December 15th: “And Then That’s It,” Says Manager

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EXCLUSIVE UPDATE: Bruce Springsteen’s manager, Jon Landau, tells me the extension of the run on Broadway will end on December 15th. “And that’s it,” Landau told me at an HBO luncheon today for a new Elvis Presley documentary premiering soon on the cable network. Landau is executive producer. “It go on and on,” he said, referring to Bruce. But it won’t.

EARLIER

Bruce Springsteen likes Broadway– and why not?

He’s extending his one man show (well, one man and one woman– wife Patti) til the end of the year.

“Springsteen on Broadway” was supposed to end in June. Well actually it was already supposed to be done.

But Bruce is making a pure $2 million a week from the show, five performances.  He grosses $500,000 a performance. It only costs around $350,000 to rent the theater for the week. Bruce and his company produce the show so all the profit is theirs. Why give it up? The audiences love him, he can play the songs in his sleep. Even so, he’s engaging and present at every show.

This is bad news for the E Street Band, stadiums and arenas around the world, and so on since there will be So no big tour this year or Bruce album or anything else. He’s going to ride this horse til its done.

And we are all the luckier for it!

Tickets go on sale March 28th for the next allotment.

The First Oscar Movie of 2018? Wes Anderson’s “Isle of Dogs” Prescient Take on Trump and Banned Immigrants– with Its All Star Cast and Mesmerizing Art Production

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It was quite the star-studded turn out last night for Wes Anderson’s “Isle of Dogs,” but then again, the cast itself is right in the targeted heart of movie zeitgeist right now: Bill Murray, Liev Schreiber, Tilda Swinton, F. Murray Abraham, Jason Schwartzman, Bob Balaban, Fisher Stevens, Harvey Keitel,  Jeff Goldblum. all voice Anderson’s proud animated pups, descendants of “The Fantastic Mr. Fox” who are a little less twee than their forebears and maybe metaphors for so much going on right now in our world. Courtney B. Vance narrates the story like a younger sounding Morgan Freeman.

All those actors came to the Metropolitan Museum of Art for a swanky Fox Searchlight party celebrating this unique film, quite possibly a Best Picture nominee for next year (and we just finished last year!).

Missing were Bryan Cranston and Scarlett Johansson, who are key to the film. But Frances McDormand and Greta Gerwig (voices of the few humans) and husband Joel Coen, Alessandro Nivola, Jake Paltrow and famous photographer wife Taryn Simon, actress Mickey Sumner and husband Chris Kantrowitz more than made up for them. I also met Anderson actor Tony Revolori, “Me and Earl and the Dying Girl” director Alfonso Rejon. Spike Jonze was in the audience, even Norman Reedus.

By the end of the night, everyone in town seemed to know that the Met lobby was the place to be. Joel Edgerton showed up with a posse that included Young Man of the Year Timothee Chalamet.

The highlight of the party: Bill Murray joining a Brooklyn drum corps hired for the night, and later hugging newly minted Oscar winner McDormand.

The one disappointment: no Yoko Ono, who makes a voice cameo in this brilliant, richly texured, droll concoction that was initiated five years ago before Donald Trump was even a blip in anyone mind.

But “Isle of Dogs” seems like an allegory now for the Trump world. We have a dictator like Mayor Kobayashi who was banned all dogs from the city of Megasaki in futuristic Japan to the scrap heap of Trash Island after causing a fake public health scare about them. (He declares they have incurable dog flu.) It takes the dogs and a band of enlightened kids (I know, doesn’t this sound prescient) to overturn the situation, reveal the Mayor as a fraud, restore the dogs to prominence as meaningful members of society.

Are we just projecting? I think not. Production began in October 2016 for the stop action animation. But seriously, by then the stench of Trump and his plan to deport everyone he didn’t like was becoming clearer.

So here we are with Wes Anderson, truly barking up the right tree. He’s made a brilliant film that far exceeds any regular animated film. It’s a gem, and a piece of art. This story of Man Denigrates Dog is set against an outstanding backdrop created by Paul Harrod, Adam Stockhausen, Curt Enderle and hundreds of artists. Just about every frame has to be studied individually while the snappy dialogue continues– for references to art, history, and culture. Not only that– just the depth of the frames, augmented by tricky lighting, makes the dogs seem three dimensional.

But the whole thing hangs on the characters, who are delineated so exactly by Anderson, Schwartzman, producer Roman Coppola, and actor Kunichi Nomura (he’s the voice of the Trump like mayor). Of course my favorite dog in the pack always has a new “Did you hear?” announcement about the goings on on Trash Island and Megasaki. One of his pals finally turns to him, exasperated, and asks, “Where do you hear these things?” The dog responds, “I pick things up and here and there…I love gossip!” Hilarious.

See this movie!

 

What the Heck was Drew Barrymore Doing on Colbert Last Night? She’s Partners with Jimmy Fallon’s Wife

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Weird segment on Colbert last night. Drew Barrymore showed up to promote her TV, “The Santa Clarita Diet.” Why weird? Drew is business partners with Colbert rival Jimmy Fallon’s wife Nancy Juvonen in Flower Films (one of the nicest peeps in Hwood). In fact, they’ve produced a bunch of movies together including “Charlie’s Angels” installments, “Music & Lyrics,” and the cult hit “Donnie Darko.” Fallon and Juvonen met when he starred with Barrymore in the 2005 rom com “Fever Pitch.”

But here she is telling Jimmy’s competitor that she’s watched all his shows and “loves” him. Something is wrong. But Drew can be finicky. She is well known for not having a great relationship with her own mother, the terrific Jaid Barrymore. Maybe “The Santa Clarita Diet” only appeals to Colbert, not Fallon fans?

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Ratings: “The Voice” Swamps “American Idol” in Second Head to Head Contest by 3 Million Viewers

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Monday night– The Voice swamped American Idol for a second night in a row. The NBC show scored three million more viewers during the first hour and two million more during the second hour.

The Voice had 10.6 million viewers in both hours last night with a 2.2 and 2.3 in the key demo of 18-49. American Idol had 7.5 million viewers in the first hour and almost 8 million in the second hour. But the key demo was 1.5 and 1.7, skewing older.

As I wrote in the last couple of stories, “Idol” seems strangely semi-pro this year. The singers are almost too good, and too prepared for careers. The audience may be sensing that. Also, The Voice is just considered hipper.

Nevertheless, I do like the judges on Idol– Lionel Richie, Katy Perry, Luke Bryan. But again, I am out of the key demo, so I’m not a good judge. Adam Levine, Blake Shelton et al are more appealing to the younger demo. Plus Kelly Clarkson, the original “Idol” star, is on “The Voice.”

“American Idol” Serves Up Another Night of Semi-Pro’s Who Need an Agent, Not the Show

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Monday night– for the second night in a row “American Idol” served up a group of semi-pro’s who don’t need the show as much as they need a manager or an agent.

Top of the list was Brandon Elder of Arab, Alabama. (Yes, you could call him an Arab. Turns out the history of the town is that was supposed to be called Arad, but whoever filed the paperwork in 1892 goofed and now we have Arabs in Alabama. Ironic.)

Anyway, Elder is younger– 23, to be exact. He’s got a full website, a publicist, tours locally, is all over You Tube. He sang one of his own songs, called “Gone,” about his late mother. It’s a hit right out of the box. Sign him up, Capitol Nashville. He’s a star. (Plus he has this great story we’re going to hear all season about how his biological mom traded him to someone for a car. Then he was adopted by a saint who died from cancer. He’s like a Robert Altman character come alive.)


There was a whole show like this– they’ve all got social media already, tons of PR, and so on. In one instance, two sisters came on– one was the accompanist on guitar, the other was supposed to be the contestant. But– what a shock– the 20 year old sister who didn’t come to play got the spot. Katy Perry whispered to Lionel Richie, “She looks like a rock star.” Well, this Payton Taylor was coincidentally all set to go with a whole mini machine in place. I felt bad for the younger sister, who’s 17 and was clearly sandbagged.

Is the show being cynical or is it me? “Idol” obviously is upping its game– as I told you after Sunday’s show. The contestants are all far more accomplished than in the past. There is no William Hung, the 2004 player who was beyond awful. They kept him on as a kind of “Gong Show” hook. No, these people are like Grab n Go pop stars.

Weinstein Company Files For Bankruptcy in Delaware, Lantern Capital Takes Over Assets, All NDAs Have Been Lifted

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It’s the end of an era, that’s for sure.

In Delaware tonight, the Weinstein Company has filed for bankruptcy. The deal to sell to Ron Burkle and Maria Contreras-Sweet is over. Lantern Capital of Dallas, Texas– which was part of their deal — will pay between $300-$320 million and acquire the assets of the company.

Those assets include a few movies that are stored up including “The Upside,” “The War Against Grandpa,” and “Mary Magdalene.”

The big question is who will run this company? David Glasser is gone, forced out after his history was revealed recently. Bob Weinstein is pretty much ruined reputation wise, I can’t imagine anyone wants to be in the same room with him, let alone do business. (Even in Hollywood. Really.)

But Lantern’s plan seems to be to maintain the employees, regroup and move forward. Whether they can have a fund for Weinstein employees who claimed sexual harassment also remains unclear.

Also unclear is what they will call this company? Lantern Films? The Weinstein Company had dozens of Oscar nominations and two Best Picture winners back to back with “The King’s Speech” and “The Artist.”

“The Board selected Lantern in part due to Lantern’s commitment to maintain the assets and employees as a going concern,” the company said in a statement. “The Company hopes that this orderly sale process under the supervision of the Bankruptcy Court will allow it to maximize the value of the Company’s assets for the benefit of its creditors and other stakeholders.”

In addition, this lifts all the non disclosure agreements ever signed by Harvey Weinstein or the Company. I like that Bob Weinstein acts like he knew nothing of these agreements. He must have land to sell us in Kabul.

From the TWC Board:

Today, the Company also takes an important step toward justice for any victims who have been silenced by Harvey Weinstein. Since October, it has been reported that Harvey Weinstein used non-disclosure agreements as a secret weapon to silence his accusers. Effective immediately, those “agreements” end. The Company expressly releases any confidentiality provision to the extent it has prevented individuals who suffered or witnessed any form of sexual misconduct by Harvey Weinstein from telling their stories. No one should be afraid to speak out or coerced to stay quiet. The Company thanks the courageous individuals who have already come forward. Your voices have inspired a movement for change across the country and around the world.

Attorney General Eric T. Schneiderman:

“This is a watershed moment for efforts to address the corrosive effects of sexual misconduct in the workplace. The Weinstein Company’s agreement to release victims of and witnesses to sexual misconduct from non-disclosure agreements — which my office has sought throughout this investigation and litigation — will finally enable voices that have for too long been muzzled to be heard.

My office will continue to fight for victims’ best interests throughout the bankruptcy proceedings, and engage with all parties, including The Weinstein Company and Lantern, in an ongoing effort to advance the principles we set forward when we filed our complaint: ensuring that victims are compensated, employees are protected moving forward, and perpetrators and enablers of abuse are not unjustly enriched. We welcome the parties’ efforts to preserve jobs and pursue justice for victims.

Our lawsuit against The Weinstein Company, Bob Weinstein, and Harvey Weinstein remains active and our investigation is ongoing.”

Ratings: “American Idol” Beaten by New Show (Instinct), Old Show (NCIS Los Angeles), March Madness Basketball

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Week number 2 for “American Idol” on ABC wasn’t so great.

The singing competition was beaten in the ratings by a totally new show– “Instinct,” starring Alan Cumming. And it was also beaten by “NCIS Los Angeles” and March Madness NCAA basketball.

Whoops!

For Cumming, “Instinct” is an out of the box hit built on his popularity from “The Good Wife.” It also followed a hot “60 Minutes” — 10 million viewers on average who watched the great kids from Parkland, Florida and the eye opening Norah McDonell piece on Saudi Arabia. “Instinct” held 8 million or viewers through its hour.

CBS came into the evening at 7pm on a high with 12 million viewers finishing up NCAA Basketball. From there, they took the night.

Pop: Fifth Harmony Calls it Quits After Former Lead Singer Camila Cabello Breaks Out as Star, Last Album Sold Just 39,000

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 Fifth Harmony is kaput. They’ve announced on Instagram that after six years, the girl group that started on the TV show “X Factor” is taking a break to do solo projects.

That’s code for sayonara. Fifth Harmony’s lead singer Camila Cabello left the group last year and broke out as a star with her hit song “Havana.” And that’s how it goes for groups like these– ask the Supremes, Destiny’s Child, NSync, and so on.

The group’s last album, without Cabello, sold just 39,000 copies. Ouch!

It was just over a year ago that I met Fifth Harmony and Camila at LA Reid’s 2017 Grammy lunch at his house in Hollywood. Since then he’s left Epic Records, Camila’s taken off, and Fifth Harmony has retired. Crazy.

 

 

 

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