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Several recent court rulings aptly demonstrate how the right of publicity continues to be a vital cutting-edge area of celebrity law. Two of these decisions involved the interplay of state right of publicity laws with federal statutes. The other ruling found a Nevada court looking to California to determine at what litigation stage an affirmative transformative use defense may be raised, then whether the “Duke Caboom” character from the animated movie Toy Story 4 violated the descendible right of publicity of celebrated motorcycle risk-taker Evel Knievel.
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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.
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.
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.
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.