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The modern-day music festival is a complex, entertainment extravaganza of elaborate stage productions and coordinated multi-day sets with numerous performers, at exotic locations across the globe. Music festivals are no longer solely about the music, but a wide variety of neighboring entertainment, such as art shows, athletic competitions, health and beauty demonstrations, virtual reality and stand-alone night clubs. From a risk management perspective, festivals now run the gamut on potential liabilities that include collapsed stages, cancelled performances, severe weather, terrorism, alcohol liability, patron bodily harm and death, product liability and breach of contract claims. In essence, music festivals have become a microcosm of live entertainment-related liability exposures.
By Robert W. Clarida and Robert J. Bernstein
The U.S. District Court for the Southern District of New York held that a series of silkscreen paintings and prints by Andy Warhol based on a photograph of music legend Prince taken by Lynn Goldsmith constituted a transformative fair use.
By Stan Soocher
There have been disputes over rights to the two existing photographs of blues icon Robert Johnson as well as over who was his rightful heir. The latest court decision involves a contingency fee agreement originally entered into by a law firm hired by Johnson’s son, who died in 2015. The case offers an example of what rights counsel may gain from such an arrangement following the death of the signatory client.
By Alaina Lancaster
In a nearly half-century-long legal dispute over the rights to John Steinbeck’s works, the Ninth Circuit affirmed a district court‘s $5 million compensatory damages award against the author’s daughter-in-law but vacated punitive damages against the heir.
By Dan Clark
A coalition of publishers has sued Audible, the Amazon-owned audiobook company, over a new feature announced last summer that will display the text of a book to listeners while it’s read to them by their device.