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Maybe the U.S. Court of Appeals for the Second Circuit should have been a little more patient. Last September, the court heard argument in The Andy Warhol Foundation for the Visual Arts v. Goldsmith Inc., a fair-use case over Andy Warhol’s use of a copyrighted 1981 photograph to create a series of silkscreen prints and pencil illustrations of music icon Prince. A few weeks later, the U.S. Supreme Court heard arguments in the copyrightability/fair-use case of Google v. Oracle.
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California Appeals Court Rules on Anti-SLAPP Motion In Battle Over Dueling TV Show Proposals
By Stan Soocher
State “anti-SLAPP” statutes offer a fertile avenue for motions to strike allegations in lawsuits filed over expressive content. These laws are aimed at allowing a defendant to file a motion to strike a “Strategic Lawsuit Against Public Participation,” such as those based on public comments and content issued by a defendant. The most-recent significant anti-SLAPP court decision involving the entertainment industry was issued in December 2021 by the California Court of Appeal.
How §365(n) Can Help Licensees When Licensors File for Bankruptcy
By Richard Assmus, Matthew Wargin, Monique Mulcare and Danielle Corn
This article seeks to explain the scope of §365(n), then touches upon steps that intellectual property licensees can take to minimize the loss of the use of their licenses, such as those involving copyrights in entertainment content, in the event a licensor files for bankruptcy.
Miramax’s NFT Suit Over Pulp Fiction
By Scott Graham
The Miramax film and tv studio, and its lawyers at Proskauer Rose, shook up both the IP and blockchain communities recently when Miramax sued to block film director Quentin Tarantino from selling non-fungible tokens (NFTs) of memorabilia from his 1994 blockbuster movie Pulp Fiction.
Challenges In Being a Pro Sports General Counsel
By Phillip Bantz
Being a general counsel for a professional sports team is a coveted gig, but it’s also a job with unique challenges, potential ethical minefields and scandals lurking around the front office, field, stadium and elsewhere.
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