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Concern about copycat liability grips major Hollywood studios.


Hollywood studios are feeling increasingly vulnerable to liability stemming from people imitating dangerous or destructive acts portrayed in movies and television shows, said entertainment industry sources.

Although none of the major studios would comment on the highly charged issue, local entertainment attorneys confirmed that studio executives have become much more sensitized sensitized /sen·si·tized/ (sen´si-tizd) rendered sensitive.

sensitized

rendered sensitive.


sensitized cells
see sensitization (2).
 in recent weeks.

Ken Suddleson, head of the entertainment group at the Century City law firm Kaye Scholer Kaye Scholer is a law firm founded in 1917 by Benjamin Kaye and Jacob Scholer. The firm has more than 500 attorneys in eight offices located in the cities of Chicago, Frankfurt, London, Los Angeles, New York (headquarters), Shanghai, Washington, D.C., and West Palm Beach.  Fierman Hays & Handler, said studios are always concerned about high-profile or emotional litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 because of the damage to their image.

But at this particular moment, he said, "there is increased sensitivity because of potential liability issues, and Washington is taking a look at the industry."

"Both Congress and the courts are taking a closer look at areas that inspire copying by young people, especially gullible young people," said Fred Leopold, one of Los Angeles' pre-eminent entertainment lawyers.

Leopold said any extreme acts of violence depicted in a movie or TV show are going to be given a second thought to ensure that they are really important to the plot.

The industry's heightened concern follows on the heels of and, to some extent is being caused by, recent decisions by two major entertainment conglomerates.

The Walt Disney Noun 1. Walt Disney - United States film maker who pioneered animated cartoons and created such characters as Mickey Mouse and Donald Duck; founded Disneyland (1901-1966)
Disney, Walter Elias Disney
 Co. cut a scene out of its recently released movie "The Program." That scene showed college football players lying in the middle of a busy highway to prove their nerves of steel. That stunt was imitated in real life by a handful of teen-agers on the East Coast, which resulted in one death and several injuries.

The other decision was made by Viacom Inc. when it moved its controversial MTV MTV
 in full Music Television

U.S. cable television network, established in 1980 to present videos of musicians and singers performing new rock music. MTV won a wide following among rock-music fans worldwide and greatly affected the popular-music business.
 show "Beavis and Butt-head" to a later time slot Continuously repeating interval of time or a time period in which two devices are able to interconnect. . That rescheduling came after an Ohio mother blamed the show for a fire set by her 5-year old son. That fire, which killed the woman's 2-year-old daughter, was a re-enactment of a "Beavis and Butt-head" episode in which the show's characters played with matches, the mother is alleging.

Almost simultaneous with the decisions by Disney and Viacom Inc., U.S. Attorney Gen. Janet Reno Janet Reno (born July 21, 1938) was the first and to date only female Attorney General of the United States (1993–2001). She was nominated by President Bill Clinton on February 11, 1993, and confirmed on March 11.  issued a warning to the entertainment industry to reduce television violence voluntarily or else "government action will be imperative."

Reno issued that warning Oct. 20 while appearing before the U.S. Senate Commerce Committee.

Television violence has indeed become a hot topic once again in Washington. And Reno made it clear that, if the entertainment industry does not take steps to voluntarily reduce violence on TV and in movies, the Clinton administration Noun 1. Clinton administration - the executive under President Clinton
executive - persons who administer the law
 would support pending Senate legislation that addresses the problem.

With such a growing backlash against televised violence, attorneys said, juries may no longer feel sympathetic about a studio's First Amendment rights. What's more, insurance experts said, a studio's insurance policy would probably not cover damages or even attorneys' fees if it was hit with a lawsuit stemming from a copycat incident.

Suddleson said, although the First Amendment clearly would shield a studio from liability for such incidents, juries don't always arrive at the correct legal decision because they are swayed by emotion.

"Studios could lose that case at the trial level," he said, even though previous court decision related to copycat incidents have consistently sided with the entertainment industry.

Of the higher-profile copycat cases, the U.S. Supreme Court threw out two lawsuits in October 1992 that accused rock star Ozzy Osbourne, his record company and other parties involved in producing Osbourne's "Suicide Solution" album of "inciting" two teen-agers to commit suicide Verb 1. commit suicide - kill oneself; "the terminally ill patient committed suicide"
kill - cause to die; put to death, usually intentionally or knowingly; "This man killed several people when he tried to rob a bank"; "The farmer killed a pig for the holidays"
 in Georgia and South Carolina South Carolina, state of the SE United States. It is bordered by North Carolina (N), the Atlantic Ocean (SE), and Georgia (SW). Facts and Figures


Area, 31,055 sq mi (80,432 sq km). Pop. (2000) 4,012,012, a 15.
. That suit arose because the teen-agers had been listening to the album prior to killing themselves.

And in 1981, a California appellate court A court having jurisdiction to review decisions of a trial-level or other lower court.

An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed.
 rejected a lawsuit filed on behalf of a 9-year-old girl who had been raped with an inanimate object by several assailants who said they watched a similar scene in the TV movie "Born Innocent."

One entertainment insider, who asked not to be identified, said he didn't see how any studio could be held responsible for someone else's "sheer stupidity." However, he later conceded that there are a lot of talented lawyers who could find a cause of action holding a studio liable.

Insurance experts were divided over whether or not a studio's insurance policy would protect it from liability stemming from a copycat incident.

Some asserted a studio's general liability policy would provide adequate protection, but others said such incidents would probably not be covered.

"Copycat crimes Copycat crimes is a hypothesis based on the social learning model that crimes are replicated and inspired by knowledge of similar crimes, especially crimes shown widely in the media. However, to date the evidence for the validity of this hypothesis is inconclusive.  aren't covered under insurance because they are not covered not covered Health care adjective Referring to a procedure, test or other health service to which a policy holder or insurance beneficiary is not entitled under the terms of the policy or payment system–eg, Medicare. Cf Covered.  under the law," said Albert Reider, senior vice president of Aon Entertainment Ltd., an insurance company that deals exclusively with the entertainment business.

He said errors-and-omissions insurance is the form of malpractice insurance typically carried by entertainment companies. And such policies only cover specific occurrences, and copycat incidents are not among them.

Examples of areas covered by errors-and-omissions policies include copyright infringement, unfair competition, libel, slander, defamation of character, invasion of privacy invasion of privacy n. the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded.  and breach of contract, Reider said.

Insurance experts added that, even if a studio's insurance did cover attorneys' fees and damages for copycat-related lawsuits, the studio's deductible on such a policy would be as high as $1 million.
COPYRIGHT 1993 CBJ, L.P.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1993, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:Special Report: Entertainment; Hollywood, California
Author:Nodell, Bobbi
Publication:Los Angeles Business Journal
Date:Nov 8, 1993
Words:856
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