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In a release this summer, the Federal Trade Commission (FTC) announced it had brought and settled its first case involving crowd-funding. The defendant, Erik Chevalier, raised more than $122,000 through Kickstarter to produce The Doom That Came to Atlantic City, a Monopoly-like board game geared towards H.P. Lovecraft fans. According to the FTC’s complaint, Chevalier instead used the Kickstarter proceeds to pay for personal expenses, including his move to Oregon. The FTC/Chevalier settlement order should serve as a reminder that strong legal remedies at both the state and federal level are available to defrauded contributors. Content creators considering a donation crowd-funding campaign need to understand the level of communication that backers expect and should be prepared to refund any remaining contributions if it turns out the intended benefits cannot be delivered.
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By Stan Soocher
Can the settlement of a lawsuit by one profit participant in a TV production be used to increase the contingent compensation provisions of other profit participants in the show?
In-House Counsel Perspective on Negotiating Social Media Influencer Contracts
By Chris O’Malley
With the FTC amping up its scrutiny in the social media influencer space, in-house counsel has an opportunity to mitigate risk and help their companies get more bang for their influencer marketing buck.
Pursuing AI Programmers and Third Parties over Alleged Rights Violations Caused by AI Software
By Jonathan Bick
Because AIs are capable of causing harm but cannot be a legal entity, they are not held accountable by court action. Several current and future possibilities exist to resolve AI difficulties. Current options involve identifying indirect liability. Future options include but are not limited to changing the law to make an AI a legal person and/or changing the law to make AI programing an ultra-hazardous activity.
By Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.
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