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The Supreme Court of Indiana accepted a certified question from the U.S. Court of Appeals for the Seventh Circuit involving the interpretation of the state’s right-of-publicity statute, Indiana Code §32-36-1, in fantasy sports settings. Daniels v. FanDuel Inc., 18S-CQ-00134.
The question is: “Whether online fantasy-sports operators that condition entry on payment, and distribute cash prizes, need the consent of players whose names, pictures, and statistics are used in the contests, in advertising the contests, or both.”
The U.S. District Court for the Southern District of Indiana decided that the newsworthiness and public interest exceptions to Indiana’s right-of-publicity statute applied to online fantasy sports companies that use college athletes’ names and likenesses. Daniels v. FanDuel Inc., 1:16-cv-01230 (S.D.Ind. 2017).
The Eleventh Circuit noted: “Plaintiffs maintain in this court that the district judge misunderstood the scope of these exemptions — indeed, erred even in asking what the exemptions mean. According to plaintiffs, [defendants] FanDuel and DraftKings are illegal gambling enterprises to which none of the statutory exemptions applies. Defendants reply that their operations are lawful and that at all events none of the language in the right-of-publicity statute makes anything turn on a question extrinsic to the right-of-publicity law itself.”
By Bruce Goldner
The law on how to perfect a lien in a copyright application is foggy at best. This article sketches out pitfalls of the current process for perfecting a lien on a copyright application, and potential steps that a financier may take to help perfect and protect a film investment.
By Stan Soocher
The U.S. Court of Appeals for the Sixth Circuit decided that §504 of the U.S. Copyright Act doesn’t require any “magic words incantation” for a copyright infringement plaintiff to choose a statutory damages award, that “[t]he word ‘elect’ does not by itself require formal procedures.”
A federal judge in Camden, NJ decided that a Christian rock band’s management, talent agent and lead singer weren’t vicariously liable for the sexual assault of a teenage fan committed by a member of the band.
By R. Robin McDonald
The U.S. Court of Appeals for the Eleventh Circuit rejected an appeal by CNN to dismiss a libel case over the cable network’s 2015 investigation of infant deaths at a Florida hospital.