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In 2015, a group of music publishers sued the purchaser of the Bill Graham Archives — a repository that includes live performances staged by the late, legendary concert promoter of an array of musical artists beginning in the 1960s. In their lawsuit in the U.S. District Court for the Southern District of New York, the publishers alleged the defendants were streaming and offering downloads of Graham Archives concerts without having obtained proper licenses for 197 of the plaintiffs’ musical compositions. The publishers sought maximum statutory damages of $150,000 for each song infringed and a permanent injunction.
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NIL Regulation: Can the NCAA Recover and Advance Its Own Fumble?
By Howard Mulligan
With a view toward injecting some modicum of clarity into the volatile arena of NIL, a plethora of legislation has been enacted at the state level and proposed at the federal level.
Determining Ownership Rights of Social Media Accounts
By Dyan Finguerra-DuCharme, Felicity Kohn and Abla Belhachmi
Whether in the context of artist/entertainment company, employer/employee, franchisor/franchisee or influencer/brand relationships, who owns and controls the social media accounts and associated goodwill sometimes comes into dispute. This article provides guidance on the standards courts apply in determining ownership rights over social media accounts, as well as best practices to head off such disputes before they occur.
Trademark Trial and Appeal Board’s View of Parodies
By Susan A. Smith and Doyle S. Tuvesson
While most trademark-related lawyers are familiar with the “Bad Spaniels” and “Chewy Vuitton” federal court decisions on trademark parody, decisions by the USPTO Trademark Trial and Appeal Board on trademark parody marks are rarely examined.
By Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.
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