Stallone did not copy screenplay for "The Expendables": judge

NEW YORK (Reuters) - A federal judge has reaffirmed his decision to dismiss a lawsuit accusing actor Sylvester Stallone of copying someone else's screenplay to make his popular 2010 movie "The Expendables."

U.S. District Judge Jed Rakoff in Manhattan on Thursday rejected claims of copyright infringement damages by Marcus Webb, who contended that the movie's screenplay contained 20 "striking similarities" to his own "The Cordoba Caper."

Webb claimed that both works had similar plots, and involved hired mercenaries in a Latin American country that was home to a villain dictator named General Garza.

But Rakoff said no reasonable juror could find that the works were so similar as to eliminate the possibility that Stallone crafted his screenplay on his own.

Not even the general's name was an automatic red flag, Rakoff said, writing that "Garza" was the 34th most common Hispanic nickname in the United States.

"The court has carefully examined the entire litany of plaintiff's proffered 'striking similarities' and finds none of them remotely striking or legally sufficient," Rakoff wrote. "These are two very different screenplays built on a familiar theme: mercenaries taking on a Latin American dictator."

Other defendants in the case included Nu Image Films, which produced the movie, and Lions Gate Entertainment Corp, which distributed the movie in the United States.

Lawyers for Webb did not immediately respond to requests for comment.

"The Expendables" was released in August 2010, and featured other older action stars like Jet Li and Arnold Schwarzenegger. A sequel, "The Expendables 2," was released in August 2012.

In June, Rakoff decided to dismiss Webb's case [ID:nL2E8HQA93] but did not provide his reasons until Thursday.

Stallone also starred in the "Rocky" and "Rambo" movies.

The case is Webb v. Stallone et al, U.S. District Court, Southern District of New York, No. 11-07517.

(Reporting by Jonathan Stempel; Editing by Jan Paschal)

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Matt Damon tackles "fracking" issue in the "Promised Land"

LOS ANGELES (Reuters) - The hot-button topic of "fracking" has finally made its way to Hollywood in the new movie "Promised Land," out in U.S. theaters on Friday, with actors Matt Damon and John Krasinski teaming up to further the debate on the energy drilling technique.

The film explores the social impact of hydraulic fracturing drilling technique, or "fracking," which has sparked nation-wide environmental and political battles over its impact on drinking water, U.S. energy use, seismic activity and other areas.

"Promised Land" will see Damon, 42, reunite with director Gus Van Sant for the third time, following their success with 1997 film "Good Will Hunting and 2002's "Gerry."

In their latest film, Damon plays a corporate salesman who goes to a rural U.S. town to buy or lease land on behalf of a gas company looking to drill for oil. He soon faces opposition from a slick environmentalist, played by Krasinski.

In real life, Damon hasn't shied away from getting involved in political and social issues, working with charities and organizations to eradicate AIDS in developing countries, bringing attention to atrocities in Sudan's Darfur region, providing safe drinking water and stopping trees from being chopped and used for junk mail.

Yet "Promised Land," which Damon also co-wrote and produced, doesn't take a noticeable stance on "fracking." The actor would not publicly state his own views, telling Reuters that he didn't think his opinion had "any bearing" on the film.

"The point is that the movie should start a conversation. It's certainly not a pro-fracking movie, but we didn't want to tell people what to think," Damon said.

The actor said he and Krasinski never set out to make a socially conscious film, and "fracking" was added in later, as a backdrop to the story.

"It wasn't that we said we wanted to make a movie about 'fracking' as much as we wanted to make a movie about American identity, about real people. We wanted to make a movie about the country today, where we came from, where we are and where we are headed," Damon said.

"'Fracking' was perfect because the stakes are so incredibly high and people are so divided. It asks all the questions about short-term thinking versus long-term thinking."

Hydraulic fracturing entails pumping water laced with chemicals and sand at high pressure into shale rock formations to break them up and unleash hydrocarbons. Critics worry that "fracking" fluids or hydrocarbons can still leak into water tables from wells, or above ground.

FROM 'ADJUSTMENT BUREAU' TO 'PROMISED LAND'

At first glance, the pairing of Damon with Krasinski may not come across as the perfect fit, as Damon has primarily been associated with longtime friend and collaborator Ben Affleck, both of whom won Oscars for writing "Good Will Hunting."

Damon later become a colleague and friend to a number of key Hollywood players, including George Clooney and Brad Pitt, with whom he co-starred in the "Ocean's Eleven" franchise.

Krasinski, 33, is best known for playing sardonic Jim Halpert on NBC's long-running television series, "The Office," and has had occasional supporting roles in films such as 2008's "Leatherheads."

Damon and Krasinski came together after meeting through Krasinski's wife, Emily Blunt, who co-starred with Damon in the 2011 film "The Adjustment Bureau." Damon said he and his wife started double-dating with Krasinski and Blunt, through which their collaboration on "Promised Land" came about.

The duo's busy work schedules forced them to moonlight on weekends to make "Promised Land."

"John showed up at my house every Saturday at breakfast and we would write all day until dinner," Damon said. "Then we'd do it again on Sunday. I have four kids so he would come to me."

But Damon's determination to make the film his feature directorial debut fell through when his acting schedule changed, making it impossible to direct "Promised Land," so he turned to Van Sant.

"My first inclination was to send the script to somebody I'd worked with before," he said. "Gus seemed like the most obvious choice and I realized later that I'd never written anything that anyone else had directed, except Gus. I have a real comfort level with him."

Damon said he has not given up on his dream of directing movies and has his eye on a project at movie studio Warner Bros., which has a deal with Damon and Affleck's joint production company, Pearl Street Films.

With Affleck's third directorial effort "Argo" becoming an awards contender, Damon joked that the film's success can only be a good thing for his own budding directing career.

"I now happen to be partnered with the hottest director in Hollywood!" he said, laughing.

(Reporting By Zorianna Kit, Editing by Piya Sinha-Roy and Paul Simao)

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Jessica Simpson's Christmas tweet seems to confirm pregnancy rumor

(Reuters) - Actress, singer and fashion designer Jessica Simpson sent a Christmas Twitter message that apparently confirms media rumors that she is pregnant - showing a photo of her daughter Maxwell with the words "Big Sis" spelled out in sand.

The picture's caption reads "Merry Christmas from my family to yours."

Simpson had her first child, Maxwell Drew Johnson, in May. She has since become a spokeswoman for Weight Watchers.

A representative for Simpson was not immediately available for comment.

Simpson rose to fame as a teen pop star and became a household name after starring in a TV reality show with her then-husband Nick Lachey, a member of the boy band 98 Degrees. The pair divorced after three years of marriage.

She went on to star in the 2005 film version of "The Dukes of Hazzard" and re-invented herself as a country singer in 2008. She currently designs apparel, accessories and other fashion products and is a mentor on the TV contest "Fashion Star."

Simpson's fiance, Eric Johnson, is a former U.S. professional football player whose career spanned seven seasons for both the San Francisco 49ers and New Orleans Saints.

(Reporting By Mary Wisniewski and Paul Simao)

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Natalie Portman, Kristen Stewart most bankable Hollywood stars

NEW YORK (Reuters) - Actresses Natalie Portman and Kristen Stewart are Hollywood's most bankable stars and provide studios with the highest average returns for their films, according to Forbes.com.

Academy award winner Portman topped the list of best actors for the buck, providing about $42.70 for every dollar she earns.

"Black Swan," for which she won her best actress Oscar, was produced for an estimated $13 million and earned $329 million in global box office sales.

"We estimate that for every dollar Portman is paid by the studios, she returns $42.70. Compare that to Eddie Murphy, our most overpaid star, who returns $2.30 for every dollar he gets paid," Forbes.com said.

"Twilight" star Stewart was not far behind, bringing in $40.60. She also topped the Forbes list of highest-earning actresses with an estimated $34.5 million in salary in 2012.

"Stewart was able to earn a ton over the last three years and offer a healthy return thanks to 'Twilight,'" according to Forbes.com. "Even though she was paid $25 million to star in the last two films, she was clearly worth the money."

Forbes.com analyzed salaries, estimated box office grosses from the actor's last three films over the previous three years to calculate the studio's return on investment. The most bankable stars tended to be featured in the most profitable films.

Stewart's two co-stars in the "Twilight" films were also good investments for the studio. Robert Pattinson came in fourth with a return of $31.70 and Taylor Lautner was No. 6, making $29.50 for the studio for every dollar he was paid.

(This story was refiled to correct spelling of Kristen)

(Editing by Steve Orlofsky)

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Billy Crystal channels real-life role in "Parental Guidance"

LOS ANGELES (Reuters) - After a decade away from the big screen, funnyman Billy Crystal has mined his real-life experiences as a grandfather and is back in the holiday season movie "Parental Guidance."

The film, which opened in U.S. theaters on Christmas, stars Crystal as a recently fired baseball announcer, who agrees to watch his three grandchildren with his wife (Bette Midler), while his daughter and her husband go on a business trip.

Crystal, 64, sat down with Reuters to talk about the film, being a grandparent and why he won't host the Oscars ceremony anymore.

Q: You have not been on the big screen in a starring role since 2002's "Analyze That." Did you miss making movies?

A: "I spent over four years doing my one-man Broadway show, '700 Sundays' and didn't care about doing movies. I just so love being in front of live audiences. The play is more satisfying than anything. I'm not interrupted by planes flying overhead, waiting for them to light and all those gruesome slow things on a movie. But really, the last five years were spent getting this movie made."

Q: How did "Parental Guidance" become your return to film?

A: "When I wrote the first story for this movie, my wife Janice and I babysat for our daughter Jenny while she went away with her husband. We had six days with their girls, all alone. It was an eye-opener. When you're not used to that energy, it's tough. On the 7th day I rested and came in to the office and said, 'Here's the idea for the movie.'"

Q: What was eye-opening about those six days?

A: "The eye-opener was the bible that we were given before they left town about what to say (to the kids), what to do, all the rules, don't do this, don't do that, this child has to be taken here. They have my respect of how they programmed their days and weeks. It's insane what they have to do nowadays for schooling and parenting. It's wild."

Q: Quite a difference between your childhood and the grandkids' childhood, right?

A: "When I was a kid growing up, it was basically 'Go outside and play and I'll see you at dinner.' There was no thought that there were bad people out there. There was such a carefree wonderful trust which forced you to use your imagination, which also bonded you with the best of you, and your friends. We didn't have that 'inside' thing like videogames. My only 'inside' thing was watching the Yankees. Otherwise everything was outside."

Q: Speaking of the Yankees, your well-documented lifelong love of baseball is incorporated in to the film with your character being a ball-game announcer. That must have been fun to do.

A: "I love the game and I thought it was a really interesting occupation we hadn't seen before. And a good one for me to play because I love it. I wanted my character to have something he loved doing where I didn't have to fake it."

Q: In being absent from the silver screen for a while, did you find that the movie-making business has changed much?

A: "The studios are so concerned with quadrants (capturing four major demographic groups of moviegoers - men, woman and those over and under 25). I'd never heard of these things when I was in my early years of making movies. You just did them. There was no interference. Now it's a whole different ball game. They're so worried: 'Who's going to come?' Well, there's 77 million American who are babyboomers. That's a huge audience who wants to laugh and have a story told to them that doesn't have bombs and spies and killing."

Q: Does "Parental Guidance" reflect where are you now at this stage of your life?

A: "I was fortunate to be in a great romantic comedy about falling in love (1989's 'When Harry Met Sally'). I wrote the original story for my turning 40, 'City Slickers' (in 1991), which became a huge hit and a very liked movie. And now 'Parental Guidance' happened at this point in my life. I relate to it as a parent and a grandparent."

Q: You will be a grandfather for the fourth time in March. What do you like best about that role?

A: "It's so hard to understand how you can love someone so much that's not yours, but extensions of you. I'm always so moved seeing my girls pregnant, and seeing them move on in their lives. I'm going to turn 65 on March 14. My wife's birthday is the 16th. The baby's due the 18th. So we've got maybe a straight flush happening here. That would be the greatest present of all - a healthy new baby."

Q: Last year you hosted the Oscar ceremony for the ninth time, making you the second most-used host after the late Bob Hope. Are you gunning for his title?

A: "I'm not even close. I've done 9, he's done 19 and neither one of us are doing it again. It's hard to say, 'Can't wait to do it again,' but I can wait."

(Reporting By Zorianna Kit, Editing by Piya Sinha-Roy and Cynthia Osterman)

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British actress Kate Winslet marries for third time

LONDON (Reuters) - British Oscar-winning actress Kate Winslet has married for the third time, her publicist confirmed on Thursday.

The 37-year-old, best known for her starring role in the 1997 blockbuster "Titanic", married Ned RocknRoll, a nephew of music and aviation tycoon Richard Branson.

The private ceremony was attended by Winslet's two children from previous marriages and "a very few friends and family", according to the publicist, and took place in New York earlier this month.

"The couple had been engaged since the summer," Winslet's spokeswoman said in a statement.

Winslet has been nominated for six Academy Awards and won once for her lead role in "The Reader".

Her other notable performances include Iris Murdoch in "Iris", Clementine Kruczynski in "Eternal Sunshine of the Spotless Mind" and April in "Revolutionary Road".

That film was directed by Sam Mendes, whom Winslet wed in 2003 and divorced seven years later. Her first marriage was to Jim Threapleton, which lasted from 1998 to 2001.

According to online reports, RocknRoll had his name changed by deed poll from Ned Abel Smith and is an executive for Branson's space flight venture Virgin Galactic.

The Sun newspaper said the New York wedding was so secret that even the couple's parents did not know about it.

Hollywood actor Leonardo DiCaprio, who co-starred with Winslet in Titanic and Revolutionary Road, gave her away, the newspaper said.

(Reporting by Mike Collett-White; editing by Steve Addison)

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Soprano Bartoli: My voice has more colors, shadow

LONDON (Reuters) - Italian mezzo-soprano Cecilia Bartoli has released a year-end blockbuster that is part mystery story, part research project and shows off a voice which only seems to improve with age.

Bartoli's latest deluxe-packaged album "Mission" (Decca) is devoted to the music of the late 17th-century Italian composer, diplomat and perhaps spy, Agostino Steffani.

Steffani may have been a bit overlooked as a result of his appearance at the end of the Renaissance and at the beginning of the Baroque periods - until Bartoli's interest alighted on him.

"The variety is amazing in the music of Steffani, the slow arias have very beautiful melodic lines, they are unbelievable, it's quite hypnotic music," Bartoli said in a telephone interview from Paris.

Since she burst upon the world in the 1990s, specializing mostly in Mozart and Rossini, Bartoli has gone from strength to strength, not only in digging up unusual repertoires, including another deluxe compilation in 2009 devoted to music sung by castrati, but also vocally.

Here's what else Bartoli had to say about Steffani and his possible career as a spy, why she goes for the anti-diva look on her recent album covers, and what she calls a Fellini-esque experience at La Scala with conductor Daniel Barenboim:

Q: Is it true, then, that the voice improves with time?

A: "I think this is a very good time because of the maturity of the technique. When you are young, of course, you have to have a beautiful voice. This is a gift you receive, but you don't have enough technique or experience. So this is a very good time because I can really paint with my voice with so many colors, like a painter. I love painting with the voice and I'm of an age when I do this definitely better than 20 years ago."

Q: So this bit about Steffani being a spy, surely that was dreamt up by the Decca marketing department?

A: "He had an incredible life as a priest, a missionary and a diplomatic mission to arranging weddings between the royal princes of that period. And also he was a kind of spy, in fact he was a Catholic priest in the north of Germany, in the Protestant area, and he spent lots of years in that area - it was very unusual, very strange. Maybe he also had the mission to convert (people) to Catholicism, who knows? We have lots of speculation about him, all the mysterious things about this man. There's still mystery."

Q: There's no mystery though that the cover for this album, showing you bald-headed and wielding a crucifix, is "non-diva" - like the cover on the "Sacrificium" album of castrati music, with your head superimposed on the torso of a male statue.

A: "The idea was to have a cover related to the project and it was a bit against the cliche of a diva who has to look beautiful all the time. In a project like 'Sacrificium', when at the beginning of the 18th century 3,000-4,000 boys were castrated every year in Italy...how can I make a CD project about this and make a cover with a beautiful, glamorous Vanity Fair picture? This would be more embarrassing...People realize there is a real story here to tell, it's not a compilation of arias which you do for Christmas. And 'Sacrificium' was a huge success."

Q: Your concert recital earlier this month singing Handel, Rossini and Mozart with Daniel Barenboim conducting at La Scala in Milan, with a chorus of boos and whistles in the second half, was perhaps less of a success?

A: "This story is repeating what happened to Carlos Kleiber, one of the greatest conductors of our lives, also to (Maria) Callas, (Luciano) Pavarotti. The concert was magnificent - Handel, Mozart, Rossini - and then I believe at the very end there was a very Fellinian situation. You think these things don't happen anymore, that they only happen in the movies of (Federico) Fellini but actually, no, this is happening. And it seemed like a parody but the next morning I opened the newspaper and (Silvio) Berlusconi is back (in Italian politics). And so I said, 'Yes, of course.'

I think living in Italy is difficult but living without Italy is impossible."

(Editing by Michael Roddy)

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"Rescue Me" singer Fontella Bass dies aged 72

(Reuters) - American soul singer Fontella Bass, who topped the R&B chart in 1965 with the song "Rescue Me," died in St. Louis. She was 72.

Bass died in hospice care on Wednesday night from complications of a heart attack she suffered three weeks ago, her daughter, Neuka Mitchell, told Reuters. Bass had also suffered from strokes in recent years.

"She's going to be missed," Mitchell said. "Her big personality. Her love for family. Her big, giving heart and her cooking."

She was known as the "queen of soul food" to her family, Mitchell said.

Bass was born into a singing family in St. Louis. Her mother, Martha Bass, was a singer in the Clara Ward Singers gospel group. Her brother, the late R&B singer David Peaston, scored a handful of hits in the 1980s and 1990s.

Bass first achieved success dueting with Bobby McClure in 1965 on songs such as "Don't Mess Up A Good Thing" and "You'll Miss Me (When I'm Gone)," both of which were hits on the pop and R&B charts.

Bass' biggest hit came with "Rescue Me," which shot up the Billboard pop charts in the fall of 1965, becoming one of the most popular soul hits of all time.

"It held a special place in her heart," Mitchell said of the song. "She sang it every time she performed."

The song has been covered and sampled numerous times over the years, including by pop stars Linda Ronstadt and Cher, and more recently in 2000 by UK group Nu Generation, who remixed the song into a dance track.

Nu Generation's remix, "In Your Arms (Rescue Me)" hit the top 10 of the UK singles chart.

Bass had moderate success in later years with a gospel album in the 1990s, but was unable to emulate the popularity set by "Rescue Me."

She was married to jazz trumpeter and composer Lester Bowie. The two spent time living in Europe in the late 1960s and early 1970s before moving back to the United States.

Funeral arrangements for Bass have not been finalized. The singer is survived by her four children.

(Reporting by Eric Kelsey and Piya Sinha-Roy; Editing by Doina Chiacu)

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Elvis Presley, The Beatles top list of most-forged autographs

LOS ANGELES (Reuters) - Elvis Presley and The Beatles top the list of most-forged celebrity signatures in 2012, with less than half of their autographs for sale certified as genuine, memorabilia authenticators PSA/DNA said on Thursday.

The King and The Fab Four British rockers, who topped the list two years ago when it was last released, joined notable figures such as former U.S. President John F. Kennedy and late pop star Michael Jackson on the list of most-forged celebrity signatures.

Late American astronaut Neil Armstrong landed at No. 3 on the list, after fake Armstrong signatures rose significantly after his death in July.

One reason forgeries of Armstrong's autograph soared was that he rarely signed for fans during his life, Joe Orlando, president of Newport Beach-based PSA/DNA, told Reuters.

"Armstrong is someone who is very conscious of the value of his own autograph," Orlando said. "Even before he passed away he was very tough to get...It really heightens the level of his market."

Secretaries and assistants responding to huge volumes of fan mail are one reason for fake signatures floating through the marketplace, said Margaret Barrett, director of entertainment and music memorabilia at Heritage Auctions in Los Angeles.

"Back in the day, the kids would write to the movie studios," Barrett said.

"There was absolutely no financial gain 50 years ago and secretaries and assistants just wanted to make them happy. A lot of times people stumble upon an old box of signed photographs in grandma's attic and don't know they're forged."

Barrett, whose specialty is late Hollywood actress Marilyn Monroe's autographs, said that official documents such as contracts and checks are reliable sources to verify whether or not a signature is forged.

"A good rule of thumb is to compare it a signed contract," she said. "Sometimes (celebrities) would have secretaries or other sign photos and letters but they couldn't have a contract signed by a proxy."

(Reporting by Eric Kelsey, editing by Piya Sinha-Roy and Cynthia Osterman)

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Ex-Times editor Rees-Mogg, who supported Mick Jagger, dies

LONDON (Reuters) - William Rees-Mogg, a former editor of Britain's Times newspaper who famously backed Mick Jagger when the Rolling Stones singer was jailed for a drug offence, has died at the age of 84.

On its website, the Times said Rees-Mogg, a former chairman of the Arts Council and vice-chairman of the BBC, had been suffering from oesophageal cancer.

Rees-Mogg became editor of the paper in 1967 and, despite establishment credentials built up at independent school and Balliol College, Oxford, soon showed a rebellious streak.

In July of that year, he published a celebrated leading article criticizing the jailing of Jagger for a minor drugs offence, headlined: "Who Breaks a Butterfly on a Wheel?"

Later Rees-Mogg, in an article in the Times after he had stepped down as editor, described John Major, Conservative prime minister for most of the 1990s as "over-promoted, unfit to govern and lacking self-confidence".

"His ideal level of political competence would be deputy chief whip or something of that standing," he added, in a contemptuous reference to Britain's behind-the-scenes political party managers.

However Rees-Mogg stubbornly defended former U.S. President Richard Nixon against all the Watergate evidence filed by the Times' Washington staff as the scandal that led to Nixon's resignation in 1974 unfolded.

The Times was bought by Rupert Murdoch's News Corp in January 1981, at which point Rees-Mogg, who had backed the Murdoch purchase, resigned to make way for one of Britain's most celebrated editors, Harold Evans, who became Reuters editor-at-large in 2011.

The paper's website carried a tribute from Murdoch on Saturday.

"William Rees Mogg was a distinguished editor of the Times for 14 years, during which time he modernized the paper, reaching out to a younger readership with expanded coverage of news, sport and features," Murdoch wrote.

"It is to his great credit that he retained the intellectual integrity of the paper while attracting a broader based and markedly more female readership for the paper.

"He gave me invaluable support when I acquired Times Newspapers in 1981, and remained someone on whom I could always count for impartial counsel."

(Reporting by Stephen Addison; Editing by Alison Williams)

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