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Film Execs Can Sue Wayne Over Bad Buzz

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  • Film Execs Can Sue Wayne Over Bad Buzz

    CN) - Rapper Lil' Wayne could be liable for refusing to do interviews about his documentary as he was facing weapons and drug charges in 2009, a California appeals court ruled.
    Digerati Holdings released documentary film "The Carter" in 2009. The film's title hearkens to the name of about half of Wayne's albums; he released the cover of "Tha Carter IV" last week.
    Wayne's documentary reached the iTunes Top 10 and was called "one of the top-five greatest hip-hop documentaries of all time" by Brandon Perkins of the Huffington Post.
    Celebration, however, was short-lived. Lil' Wayne, born Dwayne Michael Carter Jr., and his company, Young Money Entertainment, sued the producer for breach of contract after the documentary screened at the 2009 Sundance Film Festival.
    Wayne claimed that Digerati had failed to give him approval of the final cut of the film, as was stipulated in the contract.

    This was important, the rapper claimed, so the film would not depict him in a way that would hurt him in his criminal court proceedings. Wayne was arrested twice, in July 2007 and January 2008, on weapons and drug charges and ultimately served eight months in prison in 2010. He is currently serving three years probation.
    As he was appearing in court on the charges in 2009, however, Wayne sought an injunction to stop the movie from being shown elsewhere.
    Digerati countersued, claiming that the rapper had breached his contract by not making himself available to for press interviews.
    The producer claimed it had to rely on footage from Wayne's prior interviews and that the rapper's public complaints about the documentary prevented it from landing a distributor.
    Wayne tried to stop the countersuit with a motion under Califorinia's anti-SLAPP (Strategic Lawsuit Against Public Participation) law. The trial court granted the motion in part and denied it in part. Both sides appealed, but the Los Angeles-based appeals court upheld the decision.
    "Young Money and Carter do not argue and have not shown that the conduct [Digerati] alleged ... was in furtherance of their constitutional right of petition or free speech within the meaning of the anti-SLAPP statute," Justice Walter Croskey wrote on behalf of the court.
    Tuesday's ruling was not a total loss for Wayne, however, as he was able to strike the breach-of-implied-contract claim. Croskey found that litigation privilege protected the "Lollipop" rapper's statements about an upcoming lawsuit against Digerati.

    don't really know what this means but...
    Courthouse News Service

  • #2
    Re: Film Execs Can Sue Wayne Over Bad Buzz

    so this suit is finally done with and both sides go empty handed?
    http://scroogemcdope.tumblr.com/
    if you're on tumblr, follow my blog & i'll follow back!

    Comment


    • #3
      Re: Film Execs Can Sue Wayne Over Bad Buzz

      A $50 million lawsuit filed by Lil Wayne to stop the distribution of a documentary that was a hit at the Sundance Film Festival may be backfiring. A California appeals court ruled this week that the rapper could be liable for breaching promises made to filmmakers, including by failing to give interviews.
      Lil Wayne (born Dwayne Michael Carter, Jr.) filed the lawsuit after The Carter first premiered at Sundance in 2009. The hip hop superstar claimed that the documentary contained objectionable unapproved content and violated his contract with producers.
      Digerati Holdings, the defendant, then filed a countersuit against Lil Wayne, saying the contractual breach was on the rapper's part. The producers said that Lil Wayne had failed to make himself available for interviews as agreed upon, failed to provide video material, and was entering into agreements with other producers for similar documentaries. Digerati also alleged that Lil Wayne's attorneys had contacted potential distributors including MTV Networks and Viacom, stating objections, which went a long ways to ruining the film's potential of scoring a distributor.
      In response to that, Lil Wayne filed an anti-SLAPP motion, saying the counterclaims amounted to an abridgment of free speech.
      After the trial court granted the motion in part and denied it in part, both sides appealed, and while each side gets a little to cheer about in the latest appeals court ruling, Digerati probably has the upper hand.
      Justice Walter Croskey, on behalf of an appeals court panel, affirms a denial of an injunction against the release of The Carter and says that Digerati has established a probability of prevailing on claims that Lil Wayne breached his contract. This means that Lil Wayne could be liable for damages for not cooperating with filmmakers, including the rapper's refusal to make himself available for an interview around the time he was facing weapons and drug charges in 2009.
      As for Lil Wayne's motion to strike claims based on free speech arguments, the appeals court splits down the middle.
      On one hand, Justice Croskey fails to see how Lil Wayne's alleged failure to comply with his express contractual obligations (like interview promises) has anything to do with the First Amendment.
      But the judge also takes a look at alleged efforts made by Lil Wayne's attorneys to undermine or prevent the potential sale and distribution of the film, both by informing distributors that the film was unauthorized and could be subject to future litigation and an injunction. Digerati had maintained that those efforts were a breach of an implied covenant of good faith and fair dealing, but the appeals court finds that statements made in anticipation of a court action may be entitled to protection under the anti-SLAPP statute. In other words, Lil Wayne had every right to protest and even wave around the threat of litigation because he was acting in good faith.
      The case now goes back to a trial court where each side may get to present their contract breach arguments before a jury.

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      • #4
        Re: Film Execs Can Sue Wayne Over Bad Buzz

        "Married To The Money, You Welcome To The Reception
        And She Came With Problems, Fuck It, Thats My Step Sons"

        Obviously Wayne doesnt want an image of someone he no longer is being promoted and in a quite negative way... he's not anything like that now.
        "If thats how your fans see you now, then thats who you are to them, now"

        But these guys obviously dont give a shit they just want the money.

        Comment


        • #5
          Re: Film Execs Can Sue Wayne Over Bad Buzz

          Originally posted by KnockMeOut View Post
          "Married To The Money, You Welcome To The Reception
          And She Came With Problems, Fuck It, Thats My Step Sons"

          Obviously Wayne doesnt want an image of someone he no longer is being promoted and in a quite negative way... he's not anything like that now.
          "If thats how your fans see you now, then thats who you are to them, now"

          But these guys obviously dont give a shit they just want the money.
          Couldn't say it better myself..

          Comment


          • #6
            Re: Film Execs Can Sue Wayne Over Bad Buzz

            Originally posted by ABjerg View Post
            Couldn't say it better myself..
            so #DontSpeak

            Comment


            • #7
              Re: Film Execs Can Sue Wayne Over Bad Buzz

              People are so greedy these days, it's ridiculous.



              Gonna blow up like C4

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