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The European Commission has accepted commitments made by The Walt Disney Co, NBCUniversal Media, Sony Pictures Entertainment, Warner Bros Entertainment and Sky TV to end the practice of “geoblocking” their content, an agreement that brings to an end a years-long antitrust case. Under the agreement, the studios and Sky UK will open up pay-TV markets, allowing consumers across the European Union (EU) to access to a wider range of content regardless of their location. Previously, the content could only be accessed in the United Kingdom and Ireland.
The Interaction of International Law and U.S. Copyright–Assignment Terminations
By Stan Soocher
That U.S. copyright-assignment termination issues are among the most complex in the copyright field becomes even more apparent when attempts to reclaim copyrights involve aspects of international law. Few courts have ruled, however, on the impact of international law on U.S. copyright-assignment terminations. The most recent to do so is the U.S. Court of Appeals for the Second Circuit in Ennio Morricone Music Inc. v. Bixio Music Group Ltd.
When Boilerplate, Customized Clauses Collide in Media Merger Deals
By James H.S. Levine and Douglas D. Herrmann
Some contract provisions will necessarily be customized for use in the particular agreement, while others will be boilerplate. But the intersection of those provisions in a merger agreement involving the acquisition of Cablevision Systems Corp led to a serious dispute— and cautionary tale for the merger-laden entertainment and media industries — about interpretation of the agreement, requiring a Delaware court to determine the impact of potentially conflicting language.
Limit in Supreme Court Striking Down Ban On ‘Scandalous’ Trademarks
By Brian R. Michalek
In the U.S. Supreme Court’s ruling in Iancu v. Brunetti, Justice Sonia Sotomayor’s dissent cautioned that the decision is likely to pave a path to a “coming rush to register [vulgar, profane, or obscene] trademarks.” The reasoning stems from the court’s majority finding that a portion of 15 U.S.C. §1052 — which had previously prohibited the registering of “immoral” or “scandalous” trademarks — is unconstitutional. Practically speaking, however, this “coming rush” will likely not be the case, even via the entertainment industry.
11th Circuit Sides With Attorney Sued Over Prince Concert Snafu
By Greg Land
The U.S. Court of Appeals for the Eleventh Circuit upheld the dismissal of a lawsuit claiming a Florida lawyer failed to follow through on a $75,000 deal to land the late mega-musician Prince for a 2012 gig.
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