#this game still like. regularly points out instances of the police just dropping cases and refusing to investigate shit further-

[antirepurp]

also a niche thing that's on my mind but why does a game where you play as a detective whose agency regularly works together with the police feel less like copaganda than the sonic movies. like why does a funny digimon game where you Play As A Detective criticize the police more than a movie about a furry who says acab

[cinema-tv-etc]

The Secret Sources for 'Bombshell': Why Ex-Fox News Staffers Broke Their NDAs for Filmmakers

n an attempt to re-create the toxic culture at the network under Roger Ailes, creators spoke to multiple women still bound by confidentiality agreements now under renewed scrutiny: "Come after me. I don't have anything."

In March, former Fox News anchor Juliet Huddy met screenwriter Charles Randolph over drinks at the Royalton Hotel in New York to talk about the moment when her life imploded. The writer, best known for co-scripting The Big Short, wanted Huddy’s input for his next film, Bombshell, a Lionsgate drama about the women who exposed sexual harassment at Fox News, including Megyn Kelly (played by Charlize Theron) and Gretchen Carlson (Nicole Kidman), who filed the lawsuit that led to the firing of network chief Roger Ailes.

For Huddy, sharing her story meant returning to some painful history — and violating the nondisclosure agreement she signed in 2016 when she left Fox News over allegations that Bill O’Reilly sexually harassed her. O’Reilly denied the claims, and Huddy departed Fox with a settlement in the high six figures and a promise of silence. The fallout left her with a sense of fatalism about breaking her NDA. “I lost my house. My television career combusted, and I couldn’t get a job for over a year,” says Huddy, who now co-hosts a radio show for WABC in New York. “So come after me. I don’t have anything.”

In order to paint a vivid picture of the network’s culture, Bombshell’s makers spoke to about 20 people with a connection to Fox, including multiple women bound by confidentiality agreements, a task that sent the filmmakers into territory usually left to investigative journalists. “We have all taken an oath to protect our sources,” says Theron, who also produced Bombshell. “But we tried to communicate as much as we could with everybody. Yeah, I’ll just say that.”

The legal gray area of NDAs related to sexual harassment has only gotten murkier in recent days. On Oct.?25, MSNBC host Rachel Maddow broke the news that NBCUniversal would release employees who contacted the company from their confidentiality agreements — a measure that some critics, including new Time’s Up CEO Tina Tchen, called insufficient, because it places the burden on employees to identify themselves first to NBC. As producers set to work on movies and TV shows documenting the #MeToo movement, including an adaptation of two New York Times reporters’ Harvey Weinstein book, She Said, more filmmakers are bound to grapple with NDAs.

Watch   'Bombshell' Trailer 

Bombshell, directed by Jay Roach (Game Change) and due in theaters Dec. 13, depicts the complicated experience of being female at Fox News during Ailes’ tenure, an era when a meeting with the boss might include a request to twirl — or more. “We kept getting told women would warn each other, ‘Beware of the spin,’” says Roach. “You would hear the PTSD in their voices. It sounded like a horror?film.”

The $35?million movie, which interweaves real Fox News footage (obtained via fair use), shows a workplace where women faced demeaning comments from male co-hosts, policing of their appearance by male executives and unwanted sexual propositions. Roach’s crew obtained photos and details from Fox personnel in order to re-create key elements of the physical space, including Ailes’ office. They did not, however, reach out to the current Fox employees portrayed, such as Sean Hannity or CEO Suzanne Scott, according to a network?spokesperson.

("Since the 2016 departure of Roger Ailes, Fox News has worked tirelessly to completely change the company culture. Over the past three years, we have created an entirely new reporting structure, more than tripled the size of our HR footprint, instituted mandatory in-person sexual harassment training, started quarterly company meetings and mentoring events as well as implemented a zero tolerance policy regarding workplace misconduct for which we engage outside independent firms to handle investigations. No other company has implemented such a comprehensive and continuous overhaul. We are incredibly proud of our team and will continue to emphasize transparency across all Fox News Media," says a Fox News spokesperson.)

Kelly’s attorney, Bryan Freedman, says the former anchor had “no involvement” in the film, although some scenes draw on stories told in her 2016 memoir, Settle for More. “Megyn has never met or spoken to Charlize, and she did not sell the rights to the book,” Freedman says. “In fact, Megyn was as surprised as anyone when the trailer dropped.”

Carlson, who has testified before Congress in support of a bill that would ban NDAs in sexual harassment settlements, cites her own when asked about the movie. “It’s really frustrating that because of my NDA, I can’t participate in any of these projects,” she says. “It’s why I’m working so hard on the Hill to change that.”

In the wake of NBCUniversal’s statement about its NDAs, multiple former Fox News employees, including Carlson, have called on their old network to release them from their confidentiality agreements. It’s unclear what the consequences may be for women who violate their NDAs in order to speak with filmmakers, and Fox has declined to comment on whether it would enforce them. Former Fox contributor Tamara Holder, a Chicago attorney who now focuses on women’s rights, signed a settlement with the company in 2017 after she said she was sexually assaulted by an executive there. Holder, who did not speak to the filmmakers, says she faces a $500,000 penalty whenever she talks publicly about her time at Fox, which the network threatened to enforce in 2018.

The law around such agreements is shifting as secrecy provisions that were crafted before #MeToo come under increasing scrutiny. New laws in California and New York prohibit the use of NDAs in cases of sexual harassment. “Most companies have not been enforcing these NDAs since #MeToo because all they would do is draw attention to their bad practices,” says Elizabeth Tippett, a University of Oregon law professor specializing in #MeToo cases.

For some of the Fox News women under NDAs, talking to filmmakers has been freeing. Rudi Bakhtiar had her contract as a correspondent at Fox terminated in 2007 after she complained about sexual harassment, an incident she says she has mostly buried. In a scene in Bombshell, a male supervisor propositions Bakhtiar, played by actress Nazanin Boniadi, at a meeting. Before shooting, Boniadi reached out to Bakhtiar, who asked to meet with Roach and Randolph. “The movie has been very cathartic,” says Bakhtiar, who now hosts a radio show and is making a documentary about the Kurds. “I didn’t want to admit to myself how angry I am about what happened. The movie meant that I had to face this.”

By the time Randolph called Huddy, Bombshell was already shot, and he described to her a scene where Kelly visits her character, played by Jennifer Morrison, at a local Fox affiliate where Huddy had been relegated after rebuffing O’Reilly. The scene with Kelly never took place, according to Huddy. “I thought, ‘Well, God, he’s contacted me kind of late to get my perspective,’” says Huddy. “I really do hope that they did their due diligence. I hope that they kept in mind the fact that while Gretchen and Megyn were turned into heroines, there were quite a few of us whose lives were turned upside down.”

The movie includes other creative flourishes — The Five co-host Kimberly Guilfoyle never handed out “Team Roger” T-shirts, for instance, though she was a staunch Ailes supporter.

Some of the women depicted in the movie say they weren’t consulted — and they’re frustrated to have no part in the telling of their own stories. Julie Roginsky, a Democratic strategist played by Ahna O’Reilly, appeared regularly on The Five and Outnumbered until she filed a lawsuit in 2017 alleging that she was denied a co-hosting job after refusing to have sex with Ailes. Roginsky's scene is a fictional interaction with now CNN anchor Alisyn Camerota, who approaches Roginsky's character in the cafeteria and asks her about being harassed. “Nobody reached out to me about this movie, but if they had, I would not have been able to talk to them because I have an NDA,” says Roginsky. “That allows the moviemakers to take license with our stories. It is frustrating that other people have taken advantage of my silence by creating a character.”

Shortly before production started, Roach and Randolph had an audience with a key figure who represented Ailes’ point of view — his attorney, Susan Estrich. During a two-hour meeting at her house in Los Angeles, Estrich says, she asked the filmmakers questions about the Ailes lawsuits. “And when all the answers were wrong, I knew that they had only talked to one side,” Estrich says. “They’re very talented people, so I expect it’s a good movie, but I don’t think anybody should make the mistake of thinking it’s fair and balanced.”

For some of the women depicted, Bombshell is a grim reminder that they feel less like heroines of the #MeToo movement than its casualties. “For speaking up, we’re now unemployable in the industry,” says Roginsky. “That’s the tragedy. Rather than Hollywood telling a story of ‘I am woman, hear me roar,’ what really happened is the women all got drummed out of the business.” Huddy has a suggestion, however: “Maybe they could have a sequel.”

https://www.hollywoodreporter.com/news/secret-sources-bombshell-why-fox-news-staffers-broke-ndas-filmmakers-1250668

[shontaviajesq]

#PopCultureClass: ShETHER Lesson #2: Know What to Protect on Social Media and How to Protect It

Though this past Saturday is starting to seem somewhat far away in light of #Oscargate and everything else, there are still some important lessons to learn from ShETHER before moving on. As we've been discussing, Remy Ma's ShETHER came and dropped major keys about life, business, and law.

Lesson #2,  Know What to Protect on Social Media and How to Protect It, revolves around copyright law, creativity, and the unprotected sharing artists regularly do on social media. Many creators on social media are creating and posting their work. But, many artists are simultaneously uniformed about the law and what they actually own.  Some things are protectable under the law, and this article is about how you can learn from Remy and Nicki's experience with tweet. Let's start from the beginning with how we got here.

Remy opens ShETHER by putting Nicki Minaj on blast for taking a line from one of Remy's old tweets and using it in her own work. Here's the line from ShETHER:

Let’s be honest, you stole that line ’bout bitches being your sons/How you take my ’09 jail tweet and run?

Here's the 2009 tweet from Remy at the heart of this dispute, including the phrase "yall bitches my suns:"

It seems like Remy was posting rap verses on Twitter in 2009 to stay fresh and share her lyricism with her followers (this was after she got locked up - don't quite know how she was tweeting then, but c'est la vie). Obviously you can't post an entire song in 140 characters, so perhaps this is part of a larger work that was being sharing in separate posts. I believe these tweets have been deleted so we can't be sure. 

Nicki has become quite well-known for using the phrase "all these bitches is my sons." On its face, Nicki allegedly copying a few words from one twitter post doesn't seem like a huge deal, right? But if we delve deeper into all of this, perhaps we can understand why this is, indeed, a big deal for Remy. 

Nicki has used "all these bitches is my sons" in multiple instances. It actually is one of the most popular lines of her career. 

Urban dictionary says so (Understanding Urban Dictionary isn't quite the Wall Street Journal, I've got other receipts. Just keep reading):

Vibe Magazine says so too - dedicating an article to Nicki's lyrical history related to "motherhood:"

The Genius website also has an entire article about Nicki creating the phrase:

[M]uch of Nicki’s rap has focused on boasting her success and many achievements, which include (but are definitely not limited to) carving out a space for a female MC in the male-dominated game of hip-hop. With her success, Nicki Minaj has shone the spotlight not only on herself, but on the female MC community at large; since Minaj is seen as a valid contributor to today’s rap conversation, hip-hop became more mindful of what other females have to offer. And for that phenomenon, Nicki created a metaphor: all these bitches is my sons. In short, it means that Nicki Minaj has given birth to other rappers’ careers. But the metaphor has taken a life of its own, appearing over and over again in her verses. Nicki Minaj paints herself as the Madonna with Children of rap music. Through this image, she explains what it means to be at the forefront of a fledgeling demographic in hip-hop, one that has long been the subject of controversy but arguably never has taken root before the rise of Nicki Minaj.

Given this backstory, I can kind of understand why Remy takes issue with seeing "all these bitches is my sons" being used to elevate Nicki's platform. In the words of the great philosopher Erykah Badu, artists are sensitive about their sh*t.

Nicki has created an impressive career and brand, and it seems to be, in part, based off of this metaphor that communicates her status an iconic trailblazer and creator of new avenues for women in rap. And, I agree with this. Nicki has broken a lot of barriers and no can take that from her, even if you don't like her or how she's accomplished it.

As Genius.com notes, the phrase really has become a shorthand way to refer to the doors Nicki is opening for others. I suppose if Remy believes she came well before Nicki (along with the earlier foremothers of hip-hop), and if Nicki is using Remy's words to build that platform, it make sense for this to be one of the straws that broke the camel's back.

What can Remy do about this though? At this point, not much, other than release something like ShETHER. And frankly she might not have been able to do much then. But what can other artists learn from her experience moving forward? Here are three primary takeaways.  

#1. You own your works automatically. You don't give up ownership by posting it on social media. 

Copyright law uses the term "work of authorship" to describe creations. This is defined to include: 

literary works;

musical works, including any accompanying words;

dramatic works, including any accompanying music;

pantomimes and choreographic works;

pictorial, graphic, and sculptural works;

motion pictures and other audiovisual works;

sound recordings; and

architectural works.

In the United States, if you create an original work that is also "fixed," you automatically get copyright protection for it. You actually don't have to register anything. Even if you write an entire poem on Facebook or post an entire Live Stream on YouTube, those are protectable if they meet the legal requirements.

It is a common misconception that once you post one of these items online, you give up copyright protection to it. You still own your work and you can actually get a social media site to take down things that copycats post.  

So, to the extent Remy is claiming ownership of a writing she posted on Twitter, she has a point. There are, however, other issues, as I note next. 

#2. Copyright law doesn't protect everything.

Even given point #1, you can't copyright each and every thing you create. Here's what copyright law does not protect:

Ideas, Methods or Systems

Blank Forms

Computing and Measuring Devices (including slide rules, wheel dials, or perpetual calendar design)  

Facts

Names, Titles or Short Phrases 

Fashion Designs

Recipe Ingredients 

So, if you're posting these kinds of items on social media, they are not protectable by copyright law and other people can copy them at will. You may be able to use other types of intellectual property protection though.

For example, inventions (which include methods, systems, and perhaps computing and measuring devices) can be patented and names, titles and short phrases can be trademarked, and recipe ingredients can be protected under trade secret law. If you'd like to take advantage of these other types of intellectual property protection, that requires a strategy, most typically an advance strategy. Once things are out of the bag you may lose whatever intellectual property you could have had. 

In Remy's case, "yall bitches my suns" probably isn't protectable as a matter of copyright law because it is a short phrase. However, she might have a point, because some courts have created exceptions to the general law. The primary problem, which seemingly has lasted for eight years, is that Remy didn't seem to have a strategy for the work she posted online. 

#3. Have a strategy.

Social media is "social," but it can also be numerous other things. In particular, if you're using social media to create additional revenue streams and/or disseminate your work, perhaps it is time to start treating it like a business. And businesses often have strategies. 

Having an advance strategy about posts can save you a lot of headaches later. What would a strategy consist of? At minimum: (a) Think about registering the works that are most valuable; (b) Consider what the end game is for your work; and (c) Be vigilant in enforcing your rights in your work.

Regarding registering your work: if you get copyright protection automatically (and for free) why would you want to pay money to register your work with the Copyright Office? Because registration has many benefits, including the following.

You have a public record that you created something and have ownership of it.

If you want to sue someone for illegally copying your work, you have to have it registered first.

While you can register your work any time, if you do it within 5 years of publishing the work, courts can assume that the copyright is valid and that everything in your application is true.

If you register your working within 3 months of publishing it, or before someone else illegally copies your work, you can get better money damages in court. The other side may also have to pay your attorney's fees.

You can record your registration with the United States Customs Offices to protect against illegal copies coming into the country.

Regarding the end game, what is the point of all of your posts? I imagine Remy wasn't thinking in 2009 that four words would be so important. And perhaps a strategy wouldn't have even brought this issue up for her so long ago. But, getting in the practice of assessing the value of your work and posts will serve you well over the long run.

For example, perhaps some catchy phrases could become trademarks for your business or brand. Or, perhaps those recipes you're posting online would make a bangin' cookbook, which would be copyrightable. Or, maybe those recipes could be better suited for trade secret protection, like the Coca-Cola recipe. These are just suggestions. Your individual strategy would, of course, depend on what your end game is.

Finally, be vigilant in policing and enforcing your intellectual property rights. Copycats are everywhere and perhaps you can't stop all of them. But, setting up Google Alerts can let you know when people are using words and phrases associated with your business or brand. You can also search Google images with photos (and not just text). If someone is reposting your photos as their own, you can find them in many instances. You can also get social media sites and other websites to take down unlawful posts by copycats. 

Ultimately, my point is that social media is can be a blessing or a curse when it comes to the work of creators. Knowing how to engage with and on social media will determine which it is for any given user. We can definitely learn from this Remy and Nicki situation about what we'd like to have happen in our own experiences - which I suppose makes us their sons...