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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 Stan Soocher
Only days after winning dismissal of an anti-trust lawsuit over its 2019 move to a new location in Miami, FL, for the Ultra Music Festival, Worldwide Entertainment lost its bid to reopen a court case over use of the “Ultra Music” brand for a festival overseas.
By Scott Graham
A unanimous U.S. Supreme Court, led by Justice Brett Kavanaugh, held that the phrase “full costs” in §505 of the Copyright Act means all of the costs specifically enumerated in the general cost-shifting statutes, such as transcripts and fees for court-appointed experts and interpreters.
By Robert J. Bernstein and Robert W. Clarida
The Supreme Court had granted cert in Fourth Estate to resolve a split in the federal circuit courts as to whether §411(a) of the Copyright Act could be read to allow commencement of an infringement action once a registration application filed with the Copyright Office is complete (the “application approach”) or, instead, only (subject to limited statutorily specified exceptions) upon issuance by the Copyright Office of the registration (the “registration approach”).
By Simon Taylor
Under the agreement, the studios and Sky UK will open up pay-TV markets, allowing consumers across the European Union to access to a wider range of content regardless of their location.