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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 in Musero v. Creative Artists Agency (CAA), B305066.
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California Court of Appeal Greenlights New Trial In Columbo Net Profits Case
By Stan Soocher
The 1971 agreement between Universal City Studios and creators of the TV series Columbo permitted Universal to be a distributor of Columbo “photoplays.” But the contract parties failed to include “just one more thing” when negotiating their 17-page memo deal and two-page rider: a definition of the key term “photoplays.”
SAG-AFTRA’s Influencer Agreement and Waiver
By Francelina M. Perdomo
For years, the legal framework governing the collaboration between influencers, advertisers and brands has been comparable to the Wild West, presenting multiple legal challenges to navigate. Influencer marketing exponentially grew when the COVID-19 pandemic drew performers to social media as the principal outlet to connect with their audience. As a result, SAG-AFTRA decided to venture into the fast-growing influencer market.
Commentary: How the Music Industry Can Learn from Cable When It Comes to ISPs and Infringement
By Keith Hauprich
In the last two decades, the music industry and, more specifically, songwriters, producers and recording artists have been losing the value of their efforts to online piracy. Perhaps a business-to-business solution can be found between the music industry and cable providers.
Second Circuit Rules on Fantasy Sports ‘Game of Skill’ Controversy
By Peter Brown
During the 2017 to 2019 baseball seasons, allegations were made that individual baseball clubs were engaged in electronic “sign stealing.” Shortly after this activity was acknowledged by Major League Baseball's Commissioner, a class action suit was filed, alleging that MLB made actionable misrepresentations that had an impact on the fantasy baseball games.
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