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Entertainment Law & Finance
Federal Judge Takes Aim at Legal Process for Targeting Counterfeit Merchandisers
Stan Soocher
The rebound in concert tours and ticket revenues as 2022 has unfolded gives the live events industry hope for a strong 2023, too. For many tours, though, it’s income from merchandise that makes the tour profitable. Thus, the rise in the number of artists touring also means a parallel resurgence in the activities of counterfeit-merchandise sellers and renewed efforts by the industry to battle its long-time problem with the sale of counterfeit merchandise near event venues.
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Entertainment Law & Finance
The Story Behind AFM & SAG-AFTRA Royalty Fund Distribution Litigation
Adolfo Pesquera
The case of a session musician's unpaid royalties revealed a gross lack of initiative on the part of the trustees and directors of AFM & SAG-AFTRA Intellectual Property Rights Distribution Fund and that the fund administrators had made little if any effort for years to distribute funds to thousands of session musicians and backup singers.
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Entertainment Law & Finance
Update on Changes In New York’s Ticket Sales Law
Anthony J. Dreyer, Ryan P. Bisaillon and Michael C. Salik
NY's update to its regulatory scheme for event ticketing principally affects the rules governing disclosure requirements for primary ticket sale prices and restricts the means of secondary ticket resale, including by expanding penalties for the use of scalper software “bots” and unauthorized ticket purchasing software.
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Entertainment Law & Finance
Esports Industry Labor, Employment Law Concerns
Davis Mosmeyer and Brooke Bahlinger
One of the issues facing the esports industry is the classification of professional players as employees versus independent contractors. This issue is of particular concern for companies operating competitive esports teams and/or using the services of content creators.
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Entertainment Law & Finance
Players on the Move
ELF Staff
A look at moves among attorneys, law firms, companies and other players in entertainment law.
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Entertainment Law & Finance
Fresh Filings
ELF Staff
A look at moves among attorneys, law firms, companies and other players in entertainment law.
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Brian Wilson’s Ex-Wife Wins Remand Back to State Court of Her Claim to Share of Revenues from Sale of His Song Catalog
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Entertainment Law & Finance
Ninth Circuit Says Copyright Plaintiffs Can Reach Back More Than Three Years In Seeking Infringement Damages
Stan Soocher
How far back from accrual of a claim may a plaintiff reach for copyright damages?
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Entertainment Law & Finance
‘Banana’ Artwork Dispute Presents Slippery Slope for Copyright
Robert W. Clarida and Thomas Kjellberg
In July, the U.S. District Court for the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, a decision that began by posing the question: “Can a banana taped to a wall be art?”
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Entertainment Law & Finance
China Court’s Ruling On NFTs and Copyrights
Isha Marathe
China, which has had an up-and-down relationship with the U.S. entertainment industry, became the latest country to offer a key regulatory framework in its first-ever case dealing with NFTs and the copyright violations they are sometimes saddled with.
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Entertainment Law & Finance
Ricky Martin Sued By Former Manager
Alaina Lancaster
Ricky Martin’s former manager claims the singer owes her more than $3 million in unpaid commissions, according to a lawsuit filed in Los Angeles Superior Court.
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Entertainment Law & Finance
2d Cir. Rules for Baron Cohen In Dismissal of Judge Moore’s Defamation Case
Jane Wester
Following up on an article in the July issue of Entertainment Law & Finance that detailed some of the arguments made before the U.S. Court of Appeals for the Second Circuit in Roy Moore’s defamation suit against Sacha Baron Cohen, the court has issued its ruling.
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Entertainment Law & Finance
Fresh Filings
ELF Staff
A look at moves among attorneys, law firms, companies and other players in entertainment law.
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Entertainment Law & Finance
Players On the Move
ELF Staff
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Read More ›
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Nashville Federal Court Decides Spotify CEO Daniel Ek Must Sit for Deposition in Copyright Licensing Dispute Over Streaming of Eminem Songs
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Entertainment Law & Finance
'To Kill a Mockingbird'’s State Adaptation Rights Results In Ambiguity Battle
Stan Soocher
A current dispute over contract language in grants to different parties for theatrical adaptations of the classic 1960 novel "To Kill a Mockingbird" is an apt example of what can happen if contract language isn’t specific enough.
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Entertainment Law & Finance
What’s Happening With Productions Tax Credit In GA?
Mason Lawlor
In recent years, the Peach State has become one of the most popular spots for film companies. However, the state General Assembly’s action with regarding one bill and inaction with regard to another have threatened to harm the entertainment industry.
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Entertainment Law & Finance
State Law Requiring Offer to License Conflicts With Copyright Act
Allison Dunn
A federal judge has sided with the Association of American Publishers (AAP), finding in June that a recently enacted Maryland library e-book law conflicts with federal copyright laws.
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Entertainment Law & Finance
2d Cir. Arguments In Judge Moore’s Defamation Case Against Baron Cohen
Jane Wester
Attorneys for former Alabama U.S. Senate candidate Roy Moore and the comedian Sacha Baron Cohen appeared before the U.S. Court of Appeals for the Second Circuit in June, with Moore’s attorney Larry Klayman urging the three-judge panel to reverse the district court ruling dismissing a lawsuit Moore filed.
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Entertainment Law & Finance
Fresh Filings
ELF Staff
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Read More ›
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Entertainment Law & Finance
Players On the Move
ELF Staff
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Read More ›
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Arbitration Clause in Prior Dispute Settlement Doesn’t Apply to Cheaters Uncensored Current Copyright Dispute
Are Co-Authors of “Back N Forth” Co-Authors of Derivative Work?
Pandora’s Streaming of Turtles Hits Isn’t Issue of Public Debate Under California’s Anti-SLAPP Statute
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Entertainment Law & Finance
Second Circuit Interprets ‘Executed By the Author’ In Copyright Act’s §203 Grant Termination Provision
Stan Soocher
Composers of pre-1978 works often assigned both the initial and renewal copyright terms in their works when signing songwriter agreements with music publishers. But what happens when a grant of the copyright renewal term of a pre-1978 work has been made post-1977?
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Entertainment Law & Finance
Components of Legal Work On NFTs
Bruce Love
With a significant amount of NFT activity arising from the entertainment and sports industries comes an inevitable need for legal services. But taking advantage of this economic growth is no simple matter for entertainment, media and sports lawyers. It requires an understanding not just of NFT transactions, but also of data security, intellectual property, public policy, and a whole raft of regulatory and compliance issues.
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Entertainment Law & Finance
Trademark Oppositions and Coexistence Agreements
Ben Thompson and Robert Moorman
There are frequent battles over trademark rights in the entertainment industry. Trademark publication can be an anxious part of the federal application process, with fear of aggressive opposition and costly proceedings looming in the background. But many trademark oppositions, whether they are only threatened or actually filed, afford the applicant a discussion with an opposer that can ultimately be helpful in nonobvious ways.
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The Intellectual Property Strategist
‘Executed By the Author’ In Copyright Act’s §203 Grant Termination Provision Interpreted By Second Circuit
Stan Soocher
Composers of pre-1978 works often assigned both the initial and renewal copyright terms in their works when signing songwriter agreements with music publishers. But what happens when a grant of the copyright renewal term of a pre-1978 work has been made post-1977?
Read More ›
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Entertainment Law & Finance
Fresh Filings
ELF Staff
Notable court filings in entertainment law.
Read More ›
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Entertainment Law & Finance
Players On the Move
ELF Staff
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Read More ›
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Entertainment Law & Finance
Bit Parts
Stan Soocher
“Artistic Relevance” Test Applied to NFTs
Vape Musical Found to Be Copyright Fair-Use Parody of Grease
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The Intellectual Property Strategist
Commentary: What the Music Industry Can Learn from Cable When It Comes to ISPs and Infringement
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.
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Entertainment Law & Finance
Upcoming Event
ELF Staff
30th Cutting Edge Entertainment Law Seminar. New Orleans, July 7-9, 2022
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Entertainment Law & Finance
California Court of Appeal Greenlights New Trial In Columbo Net Profits Case
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.”
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Entertainment Law & Finance
SAG-AFTRA’s Influencer Agreement and Waiver
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.
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Entertainment Law & Finance
Commentary: How the Music Industry Can Learn from Cable When It Comes to ISPs and Infringement
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.
Read More ›
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Entertainment Law & Finance
Second Circuit Rules on Fantasy Sports ‘Game of Skill’ Controversy
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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Entertainment Law & Finance
Fresh Filings
ELF Staff
Notable court filings in entertainment law.
Read More ›
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Entertainment Law & Finance
Players on the Move
ELF Staff
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Read More ›
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Seventh Circuit Denies COVID-Shutdown Insurance Coverage to Movie Exhibitor
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Entertainment Law & Finance
Upcoming Event
ELF Staff
New York State Bar Association Entertainment, Arts & Sports Law Section Annual Spring CLE Virtual Meeting
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Entertainment Law & Finance
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
Stan Soocher
There’s current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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Entertainment Law & Finance
Attorneys Forecast Legal Challenges In NFTs
Cedra Mayfield
As nonfungible tokens, or NFTs, continue to grow in popularity through cryptocurrency purchase, sale and trade online, opportunities for entertainment attorneys in the emerging industry also are booming. For this article, attorneys shared how they’re grabbing hold of NFT-related work and the challenges they foresee.
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Entertainment Law & Finance
Keeping Track of Legal Claims from Fatal Shooting on 'Rust' Film Set
Marianna Wharry
Actor Alec Baldwin has detailed his account of the October 2021 fatal shooting of cinematographer Halyna Hutchins on the Rust film production set in an arbitration demand in which he seeks indemnification.
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The Intellectual Property Strategist
How NCAA Athletes and Brands Can Avoid Big Mistakes In NIL Influencer Agreements
Nicole Demas, L. Andrew Tseng and Sean P. McConnell
The biggest event of the year in college sports just concluded as national champions were crowned in men’s and women’s basketball, and hundreds of thousands of college athletes are entering the influencer marketplace for the first time. College athletes now find themselves attractive candidates in the fast growing influencer marketing arena. With the FTC Commissioner taking a closer look at the use of influencers for marketing, student athletes and brands should take care when entering into the influencer marketing arena.
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Business Crimes Bulletin
The FTC Gets Into the College Athlete NIL Game
Nicole Demas, L. Andrew Tseng and Sean P. McConnell
As national champions are crowned in men’s and women’s basketball, hundreds of thousands of college athletes are entering the influencer marketplace for the first time and now find themselves attractive candidates in the fast growing influencer marketing arena. With influencer marketing potentially providing a 5x return on investment, many brands are eager to get into the industry, but it doesn’t come without risks as the FTC Commissioner is taking a closer look at the use of influencers for marketing.
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Entertainment Law & Finance
Supreme Court’s Breyer Ruling on Mistakes In Copyright Registrations
Scott Graham
The Ninth Circuit had ruled in 2020 that §411(b)(1)(A) of the federal Copyright Act excuses inadvertent mistakes of fact on copyright registrations but not mistakes of law. The Supreme Court has now ruled 6-3 that the provision covers both mistakes of facts and law.
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Entertainment Law & Finance
Fresh Filings
ELF Staff
Notable court filings in entertainment law.
Read More ›
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Both Sides’ Summary Judgment Motions Denied in Copyright Infringement Suit Over Jimi Hendrix Photo
Summary Judgment Granted for Defendant in Copyright Infringement Suit Over “Gimme Some Lovin’”
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Entertainment Law & Finance
Artist’s Talent Agencies Act Claim In CA Doesn’t Bar Personal Managers’ NY Lawsuit
Stan Soocher
What happens if a personal manager files a lawsuit in a court outside of California against a talent client who has raised a California Talent Agencies Act claim in California?
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Entertainment Law & Finance
Defamation Suit Against Netflix Can Proceed Over 'Queen’s Gambit'
Marianna Wharry
A former chess grandmaster’s suit against Netflix alleging that the streaming service’s show The Queen’s Gambit defamed her will continue in federal court, a Los Angeles federal judge ruled.
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Entertainment Law & Finance
FL Appeal Court’s Memorabilia Trade Secrets Decision
Jasmine Floyd
Here’s how attorneys unraveled the truth behind an entertainment-and-sports memorabilia trade secrets case that saw the lawyers uncover crucial details during discovery.
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