Welcome to the website of the Digital Media Law Project. The DMLP was a project of the Berkman Klein Center for Internet & Society from 2007 to 2014. Due to popular demand the Berkman Klein Center is keeping the website online, but please note that the website and its contents are no longer being updated. Please check any information you find here for accuracy and completeness.
Two brothers from New Jersey, Mark and Matthew D'Avella, spent the summer working for the A&P supermarket in Califon, New Jersey. They made the best of what could have been a boring situation by creating parodic rap songs with supermarket themes under the name "Fresh Beets" (here's their myspace page). Their songs including gems like "Always Low Prices" and (their masterpiece) "Produce Paradise," which is a nod to Coolio's 1995 "Gangsta's Paradise," which in turn drew on Stevie Wonder's venerable "Pastime Paradise." Mark and Matthew made a video of "Produce Paradise" in the A&P store (after hours) and posted it to YouTube and their website, fakelaugh.com, along with some blog commentary. You've got to hear and see this one to believe it:
A&P's parent company, The Great Atlantic and Pacific Tea Company, Inc., filed a lawsuit against the brothers in New Jersey Superior Court seeking $1 million in damages. The complaint, filed Friday, August 24, includes counts for defamation, business and product disparagement, and federal trademark infringement and dilution. It alleges that "Produce Paradise" depicts the brothers "performing their rap song in various recognizable areas of the Califon A&P, including the fresh produce department, the corner bakery, the stock room and the employee bathroom," and that "at least one defendant is wearing a hat with a recognizable A&P logo [during the video]."
In June we reported that the New York Mayor's Office of Film, Theater and Broadcasting was considering new rules that would require any group of 2 or more people who want to use a camera on city property -- including sidewalks -- for more than a half hour to get a city permit and $1 million in liability insurance.
Not surprisingly, the new rules were roundly criticized from the start. The New York Civil Liberties Union, which said the rules encroached on First Amendment rights, threatened to file a lawsuit to invalidate them. One of the more interesting approaches was taken by Olde English, a comedy group based in New York City that created a rap video lampooning the new rules and directing viewers to contact the Office of Film to express their dissent. (Don't miss the video, it's great.)
The city has now backed down, following a strong public outcry by photographers and independent filmmakers. NY1 News reports:
The Mayor's Office of Film, Television, Theater and Broadcasting said Friday that it will re-evaluate its set of proposed rules that would have required permits and as much as a million dollars in insurance for small, independent productions. The announcement comes at the end of a 60-day public comment period on the policies. The organization Picture New York gathered a petition with 31,000 signatures opposing the rules.
According to NY1 News, the Office of Film says it will take the public's comments into account in the next draft of the rules.
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