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EXCLUSIVE: Pop Fiction Lawsuit (LEGAL ANALYSIS)! Stern Smith have NO Copyright Claim against Ashton Kutcher E Networks because of Treatment

Posted on March 12th, 2008 in Ashton Kutcher, Howard K. Stern, Anna Nicole Smith by lalate


LALATE EXCLUSIVE
Howard Stern Anna Nicole
Smith Celebrities Strike Back v.
Ashton Kutcher Pop Fiction

While no public statement has been yet by Anna Nicole Smith’s camp, or from Howard K Stern, the net is a buzz over alleged claims that Ashton Kutcher’s new E! Reality Show Pop Fiction is based upon a concept by Anna Nicole Smith and Howard K Stern pitched to the Network while Smith was alive and allegedly repitched recently by Stern with Larry Birkheart.

Did E! Networks or Ashton Kutcher do anything legally wrong?

Based upon the facts available publically so far, LALATE legal analysis can tell you that E! did nothing wrong whatsoever.

Apparently Anna Nicole registered with the Writers Guild in 2004 a treatment. Big problem.

1. Treatments are not protectable under the U.S. Copryight Act. Concepts, treatments, premises, outlines, story ideas, series are not protectable. If this is all that was authored by Stern / Smith, they have no basis for a copyright claim against the program. Morevoer, if they pursue a copyright claim and do not prevail here in a Los Angeles Federal Court, they prevailing defendant could be entitled to all their attorneys fees.

2. If Stern / Smith had filed this “treatment” with the US Copyright Act, it would have been mailed right back to them as not sufficient. The US Copyright Office will not register treatments since they do not qualify for registration nor protection. The treatment unto itself is sparse. To even call it even a treatment is a stretch because the total composition is less than 2 pages.

3. Despite what some authors may believe, the registering of a work at the Writers Guild of America affords you no protections whatsoever except to establish that the work existed at that time (which you don’t need the WGA for). A WGA registration affords you no protections for your work under the US Copyright Act and is not a replacement for registering the work with the US Copyright Office.

Today E! Networks issued a reported statement:

“Pop Fiction is a program independently created and developed by Ashton Kutcher’s company, Katalyst. Pop Fiction is not based on any idea or concept that may have been pitched to E! by any other party.”

Source

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G. Ben Thompson Testifies Howard K. Stern Took Photographs of Anna Nicole Smith’s Collapsed Son for Money

Posted on January 31st, 2008 in G. Ben Thompson, Howard K. Stern, Anna Nicole Smith by lalate


G. Ben Thompson, former companion of Anna Nicole Smith, testified Wednesday in a Bahamas courtroom that Howard K. Stern took photographs of the collapsed body of Smith’s son for profit, reports AP today.

According to AP, Thompson testified “that Stern took about four pictures of Daniel Smith’s body after he died Sept. 10, 2006, while visiting his celebrity mother three days after she gave birth to her daughter in a Bahamian hospital. Stern said the photographs “might be worth some money one day” “

“I was totally shocked he was taking pictures of a dead child laying in that bed,” Thompson testified Wednesday at the inquest into Smith’s death while being questioned by the attorney for Smith’s mother, Virgie Arthur.

Howard K Stern Larry Birkhead Sex Tape Allegations? - Major New Developments

Posted on October 12th, 2007 in Rita Crosby, Howard K. Stern, Anna Nicole Smith, Celebrities, Entertainment by lalate



Allegations by Rita Crosby of a sex tape between Howard K Stern and Larry Birkhead are now getting new developments. Much of this story turns on who the Crosby source is, and what they said. Now Fox News has broken exclusive audio tape interviews and followup broadcast interviews that are flushing out the link to nannnies. Yes, nannies of Smith are now at the center of whether these tape(s) existed or not.

Read the Fox excluisve right here: http://www.foxnews.com/story/0,2933,301478,00.html

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Source: Fox

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Larry Birkhead getting a tv show? Throw your TVs out the window!

Posted on October 4th, 2007 in Larry Birkhead, Howard K. Stern, Anna Nicole Smith, Celebrities, Entertainment by lalate

738-final-cover-a1__opt.jpg

Larry Birkhead is not going away. Now he is chattering that he is in talks for a tv show. Birkhead says he has an agreement to develop a reality TV show.

And we would watch Larry Birkhead on TV because ______ ?

“I don’t want to give away something yet,” says Birkhead. “It’s basically the ‘day in the life of daddy duties.’ The truth is, people came to me with pitches, and I haven’t accepted anything. It’s something they continue to talk to me about. It’s multiple networks. I’m listening to what they have to say.”

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Picture: Life and Style | Source: NY Post

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Howard K. Stern Sues Rita Crosby for Libel

Posted on October 3rd, 2007 in Rita Crosby, Howard K. Stern, Anna Nicole Smith, Celebrities, Entertainment by lalate

It’s slander libel week in the Anna Nicole Smith department!

Debra Opri is suing Larry Birkhead for defamation in Los Angeles. And now Howard K Stern is going after Rita Crosby and co for libel in New York. What, the midwest doesn’t get a case to enjoy also?!

Lawyer Howard K. Stern (who we always have really really liked) is suing journalist Rita Cosby (who really needs a new hair style) for libel in New York over Cosby’s new book, “Blonde Ambition: The Untold Story Behind Anna Nicole,” says Usmagazine.com . “The libel lawsuit was filed this afternoon in the U.S. District Court for the Southern District of New York against Rita Cosby and her publisher, Hachette Book Group USA,” Stern’s attorney, Lin Wood, was quoted as saying on the magazine’s Web site.The suit is asking for $60 million dollars.

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Image Credit RushPr |Source: CelebTV, UsMagazine

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Larry Birkhead treated Dannielynn “almost like a prop”, says OK!

Posted on September 5th, 2007 in Debra Opri, Dannielynn, Larry Birkhead, Howard K. Stern, Celebrities, Companies, Entertainment by lalate


 

“While Larry claimed … ”my goal in this is to protect my daughter,” OK!’s experience with Larry has been a bit different” says magazine in new shocker!

It’s getting very bad for Larry Birkhead’s world this week. The world of Larry Birkhead is being painted in a different light and it’s only just starting. A new shocker from OK! Magazine that had business dealings with Birkhead, over a million dollars worth, now claims Birkhead is not what he claims to be and paints the photographer as selfish.

OK! Magazine is responding to what Birkhead said last night on American television to Harvey Levin.

“While Larry claimed, “I don’t want to fight for money… If I wanted to be greedy and fight for money, I could have,” and that “my goal in this is to protect my daughter,” OK!’s experience with Larry has been a bit different, including repeated requests to the editorial staff to make himself look more appealing to the reader and to write a story denying rumors about his sexual preference. Larry also requested that OK! arrange for him to have designer suits to wear to the Kentucky Derby.”

But OK! says a lot worse about Birkhead than that. It claims he treats his daughter ”almost like a prop”! 

“OK! has also witnessed Larry’s selfish behavior firsthand. During the magazine’s first shoot with Dannielynn and Larry, he appeared more concerned with his hair than the baby. Afterward, while going through the photographs, Larry preferred several shots where Dannielynn was not looking into the camera or not looking her best because he thought he looked better in them. Of note is the fact that, in some of these situations, Dannielynn seemed to be looking off at Howard’s more familiar face. Larry also seemed to be using Dannielynn almost like a prop, willing to pass Dannielynn off rather quickly to Howard once the cameras stopped rolling.”

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Larry Birkhead Has Already Predicted His Settlement over Crosby’s book

Posted on September 5th, 2007 in Debra Opri, Rita Crosby, Larry Birkhead, Howard K. Stern, Entertainment by lalate

“This is going to be one of the most expensive lawsuit settlements in book-publishing history.”

These are the words of Larry Birkhead Tuesday. The man who became a household name in one courtroom is heading to yet another one, reports AP, and with this statement is already predicting the outcome of him get a cash settlement over a book release today that has made him furious.

“Larry Birkhead and Howard K. Stern both plan to sue the author of a new book that claims the two men shared a sexual encounter before Anna Nicole Smith’s death and worked together afterward to manipulate the media and maximize profits” reports AP tonight. The book at the center of the fight is “Blonde Ambition: The Untold Story Behind Anna Nicole Smith’s Death” written by awarded journalist and former MSNBC host Rita Cosby.

Birkhead claims he will be suing Crosby the author, Grand Central Publishing (the book’s publisher), and her sources.

Howard K. Stern also planned to “file and aggressively pursue a libel case” against Cosby and her publishers.

And hence starts the war of words Tuesday. Pull up a seat because this one is getting nasty.

“The more information I have received over the last several days about Ms. Cosby’s book, the more convinced I am that she has, as a practical matter, authored a work of pure fiction,” said Howard Stern’s attorney Tuesday.

“It’s totally false and defamatory,” Birkhead said. “This book is fueled by Internet gossip and tabloid reports. She never once tried to contact me or Howard to see if any of these things were true.”

Crosby’s reponse:

“We also knew what Birkhead would say because we’ve seen him inconsistent on many other things …. [book contents were] carefully vetted through attorneys at our publishing house. I have nothing to hide  … I make no apologies for the book, and at the end of the day, the American public will see that these two men conspired to fool us all. I knew going into this that this was going to be challenged by them at every turn because they don’t want the truth to come out.”

And the more from Birkhead:

[Crosby’s sources] ”all have pending litigation against me so they all have axes to grind…. Rita Cosby uses this week, the week that my daughter turns one and the anniversary of (Smith’s son) Daniel’s death, to try to sell a book or two.”

And finally Crosby once again:

“The real issue here and the reason I did this book was that little baby,” she said. “The question is: What’s ahead for her future if these two men appear to be in collusion? … I hope that my book will expose some of the inconsistencies that have been out there and maybe have these cases given a second look.”

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Larry Birkhead - Baby Mess, Part Two

Posted on September 4th, 2007 in Rita Crosby, Larry Birkhead, Howard K. Stern, Celebrities, Entertainment by lalate

  

Larry Birkhead had wanted you to see his baby’s first birthday pictures this week on the front of Ok! Magazine - well, for alotta cash he did - but now he’s not getting that cover or some of that cash. Why? Read the mess right here.

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