• Features

    Using Forum Selection Clauses to Reduce the Uncertainty of NY's and CA's Differing Views on Non-Compete Agreements

    Adam J. Safer

    New York enforces reasonable employee agreements not to compete. California does not. This creates a nettlesome but common situation when a New York employer has employees who work in a different state. While the issue is not limited to New York and California, the laws of New York and California — where so many entertainment companies are based — are of special interest to the industry.

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  • Features

    Counsel Concerns
    Dr. Luke's Suit Against Geragos Over Tweet Survives Dismissal Motion

    Amanda Bronstad

    Famed Los Angeles attorney Mark Geragos will have to face a defamation suit over his Twitter posts implying that record producer Dr. Luke raped Lady Gaga.

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  • Features

    FTC's Letter to Paid 'Influencers'

    C. Ryan Barber

    In the digital age, the Federal Trade Commission (FTC) has been keeping tabs on the growing trend of brands hiring so-called "influencers" — athletes, celebrities and others with large followings — to promote their products on social media. In April, the FTC turned its attention downstream to the "influencers" themselves, sending 90 letters to influencers and marketers informing them of their responsibility to "clearly and conspicuously" disclose the business relationships behind social media posts.

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  • Features

    A Look at Right of Publicity Suit Over Gears of War

    Christine E. Weller

    Celebrities who are fiercely protective of their image and branding fight back, bringing an increasing number of lawsuits when it appears that a video game creator has borrowed without permission. These right of publicity cases highlight the tension that exists between the rights of public figures to control the way their image and likeness is used in commercial contexts and the First Amendment.

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  • Features

    Can Instagram Post of Photo Become Transformative?

    Andrew Denney

    An enlarged print of an Instagram post containing a copyrighted photo counts as a transformative use, an attorney for "appropriation artist" Richard Prince — whose use of other artists' material in his own works has made him no stranger to the courts — argued before a New York federal judge in April.

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  • Columns & Departments

    BIT PARTS

    Stan Soocher

    California Court of Appeal Interprets Incontestability Clause in Profit Participation Agreements
    Eleventh Circuit Affirms Counterfeit DVDs Restitution Award for Hollywood Studios

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  • Columns & Departments

    UPCOMING EVENT

    New York State Bar Association Entertainment, Arts & Sports Law Section Annual Spring Meeting

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  • Columns & Departments

    BOOK RELEASE

    The 11 Contracts That Every Artist, Songwriter, and Producer Should Know by Steve Gordon

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