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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.”
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This article focuses on managing change for clients affected by the MMA’s government-mandated mechanical licensing collective. In my view, far from putting songwriters on a trajectory away from the government regulation that has oppressed them for generations, the collective imposes an entirely new bureaucracy with potentially significant costs that are not readily apparent.
By Neil J. Rosini and Michael I. Rudell
These times are heady for creators of books and stories that may be suitable for television production. In addition to the traditional broadcast networks, a legion of pay and basic cable exhibitors and, more recently, direct-to-consumer streaming outlets are voraciously licensing product from those creators. Much press is given to the compensation aspects of the creators’ agreements with exhibitors, but attention also should be paid to the extent and duration of the exhibitor’s exclusivity in the property in which rights are being acquired,
By Zach Needles
Malibu Media LLC is by now well-known as a frequent filer of copyright infringement lawsuits nationwide against Web users alleged to have illegally downloaded and shared the company’s adult films. But a federal judge in Pennsylvania recently said it should be up to a jury to decide whether the company is entitled to stake a claim to those copyrights in the first place.
By Lawrence E. Ashery
With Canada's agreement, the stage was set for the 24-year-old North American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA) to take its place.Among the provisions of note for the entertainment industry, copyright will receive a boost from the USMCA.