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Entertainment Law & Finance
Legal Issues and Monetization Strategies In a Quarantine-Streaming Music World
Gwendolyn Seale
Part One of a Two Part Article
While the livestreaming of music performances is not an entirely new phenomenon, the COVID crisis has transformed the live performance landscape, compelling artists from around the world to reach their fanbase by producing “quarantine streams,” in which they livestream their sets on social media platforms. Unsurprisingly many questions have arisen.
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Entertainment Law & Finance
A Look at the EU’s Latest Proposal for Regulating Online Content
Linda A. Thompson
The DSA is intended to reset the rules around online content moderation and to reframe the responsibility of platforms for illegal content uploaded to their websites.
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Entertainment Law & Finance
Fair Use Applied to Embedded Photograph
Stephen M. Kramarsky
The extremely flexible character of social media has required equal flexibility in courts’ intellectual property analysis. Happily, under U.S. copyright law, that kind of flexibility is possible.
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Entertainment Law & Finance
How U.S. Court Ruled Whether France’s Right of Publicity Law Is Descendible
Stan Soocher
Battles over celebrities’ estates often end up in litigation, but a recent court ruling involving the estate of French oceanic explorer, environmentalist and documentary filmmaker Jacques Cousteau included a not-often-seen right of publicity consideration: how a U.S. court determines whether right-of-publicity protection in another nation is descendible.
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Entertainment Law & Finance
Allocation Issues for Settling Weinstein Sex Assault Claims
Heidi Reavis
This article examines the recent judicial dialogue concerning allocation of Weinstein settlement proceeds among Weinstein crime victims, Weinstein Company creditors and defense counsel who have defended the Weinstein corporate officers and directors, and the overall negative impact these various episodes of the Weinstein settlement story likely have on victims’ willingness to participate or come forward at all.
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Entertainment Law & Finance
Evolving Court Views on Content Embedding
Shaleen J. Patel and Mike Hobbs
Recent legal and procedural developments associated with the ubiquitous Instagram social media site have created significant practical and legal risks for both copyright owners and account holders that entertainment industry professionals should note.
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Entertainment Law & Finance
What 11th Circuit Ruled in Copyright Suit Over Netflix’s Narcos Series
Michael A Mora
The U.S. Court of Appeals for the Eleventh Circuit ruled in favor of Netflix in finding that one of its shows didn’t infringe the copyright of a Colombian journalist who wrote a memoir about her affair with drug kingpin Pablo Escobar and the rise of the Colombian drug trade.
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Louisiana Court Lacks Personal Jurisdiction Over Jeopardy! Production Company in State’s Effort to Collect Taxes
Ticket Seller Not Responsible for Paying Refunds to Ticket Buyers “Out of Its Own Pocket” After Promoter Cancels Events Due to COVID-19
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Entertainment Law & Finance
Upcoming Event
Copyright Year in Review
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Entertainment Law & Finance
Fifth Circuit’s Decision in Sampling Case Considers Automatic Liability Controversy
Stan Soocher
The U.S. Court of Appeals for the Fifth Circuit ruled in favor of internationally successful hip-hop duo Macklemore & Ryan Lewis in a music sampling suit brought against them by New Orleans jazz musician Paul Batiste.
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Entertainment Law & Finance
‘Asserted Truths’ Doctrine Used to Decide Jersey Boys Copyright Dispute
Robert J. Bernstein and Robert W. Clarida
In a recent decision, the Ninth Circuit held that materials taken from an autobiography of Tommy DeVito — an original member of The Four Seasons music group — and used in the Broadway musical Jersey Boys depicting the band’s history and hits, comprised facts and other noncopyrightable expression.
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Entertainment Law & Finance
Update on How NDAs Can Impact Employee Sex, Harrassment Claims
Steven Reardon
Recent news regarding complaints of sexual harassment by several former female employees of the now-called Washington Football Team has renewed discussions on the impact of nondisclosure agreements in the settlement of workplace discrimination and harassment claims, which have increased in the entertainment industry in recent years.
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Entertainment Law & Finance
Inside Prosecutors’ 5Dimes Deal for Offshore Online Sports Betting
Ross Todd
Laura Varela was unaware that her husband, William Sean Creighton, was under investigation by the U.S. Department of Homeland Security and prosecutors in the Eastern District of Pennsylvania for his 5Dimes sports betting website until Creighton was kidnapped — and later found dead.
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Entertainment Law & Finance
Judge’s Ruling in Epic Games/Apple App Store Battle
Entertainment consumer icon Fortnite’s pathway back to the App Store is in the hands of the video game developer, a California federal judge decided in the closely watched legal battle over the distribution of app content.
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Entertainment Law & Finance
ESports Streaming Deal Part of Law Firm Practice Aims
Patrick Smith
It’s a deal that provides a potential look into a future where esports, like traditional sports before them, provide a potentially lucrative practice area for firms that want to plant a flag in that plot.
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Artist’s Parents Get Dispute With Manager Sent to Arbitration
Reasons for Approval of Pro Hac Vice Application in Music Litigation
Third Circuit Knocks Down Right of Publicity Claim Over Character in Gears of War Video Game
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Entertainment Law & Finance
Upcoming Events
TexasBarCLE 30th Annual Entertainment Law Institute
Nashville Bar Association Annual Entertainment, Sports & Media Law Institute
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Entertainment Law & Finance
Are Rule 12(b)(6) Dismissals In Copyright Infringement Lawsuits In Danger?
Alan Friedman
Until recently, the Second and Ninth Circuits have both been receptive to dismissals under Rule 12(b)(6) if the court determines the plaintiff cannot plausibly state a claim of copyright infringement because the two works are not substantial similar. However, a pair of recent “unpublished” Ninth Circuit reversals involving prominent motion pictures stand in contrast to a recent Second Circuit decision affirming such a dismissal.
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Entertainment Law & Finance
Counsel Concerns: Plaintiffs’ Counsel Faces Sanctions In Litigation that Alleged Wrestler Head Damage
Robert Storace
More than 50 wrestlers sued World Wrestling Entertainment, claiming it knew — but never disclosed — the risk associated with the sport. But it was Massachusetts plaintiff counsel Konstantine Kyros and his firm who judges singled out for plagiarism, false claims and other misbehavior in the case.
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Entertainment Law & Finance
Global Perspective On Filing Trademark Registrations
Peter E. Nussbaum and Neha Bhalani
The entertainment industry is a global business, but many U.S. brand owners do not realize that their valuable trademark rights stop at the U.S. border.
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Entertainment Law & Finance
Methods for Trademark Valuations
Stacey C. Kalamaras and Henry Kaskov
Valuations of trademarks, such as those in the entertainment industry, are most commonly performed in relation to a sale or licensing transaction or for lending and collateral purposes.
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Entertainment Law & Finance
CA Appeals Court Rules Hobbs & Shaw Film Dispute Must Be Heard By Court
Alaina Lancaster
Universal City Studios will have to settle a contract dispute with a producer from the Fast & Furious movie franchise in court after a California appeals court ruled the entertainment company could not enforce an arbitration agreement.
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Entertainment Law & Finance
Upcoming Event
28th Cutting Edge Entertainment Law Seminar. Oct. 15-17, 2020.
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Entertainment Law & Finance
In Decision of First Impression, Court Decides ‘Gap Grants’ Can Be Terminated Under §203 of U.S. Copyright Act
Stan Soocher
In the 1976 Copyright Act, Congress inserted a termination right for authors or their successors for pre-January 1, 1978, assignments of copyrighted works. However, the legislators didn’t directly address a key issue: how to determine termination rights for what are known as “gap grant” works — that is, those created post-1977 under copyright assignments made before then.
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Entertainment Law & Finance
COVID-19 and Force Majeure Clauses
Neil J. Rosini and Michael I. Rudell
The COVID-19 outbreak has wreaked havoc on the entertainment industry. Productions have been halted and distribution channels disrupted. In the midst of this pandemic, one big question for contracting parties is whether force majeure will excuse or postpone a party’s obligations without liability.
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Entertainment Law & Finance
FL Federal Court Rules ‘Despacito’ Doesn’t Infringe on ‘Despasito’
Raychel Lean
Federal Judge Kathleen Williams recently analyzed the hit song “Despacito” in a copyright lawsuit in the U.S. District Court for the Southern District of Florida, when she found its writers had not copied an earlier Spanish song with the same name.
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Entertainment Law & Finance
Damages In Trademark Infringement Litigations
Mark A. Salky and Jessica Johnson Fishfeld
During a time when online marketing, virtual shopping and electronic communication are more widely used than ever, it is critically important for entertainment industry businesses to be highly aware of how they are using trademarks, the scope of a trademark owner’s rights and the consequences of infringing them.
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Entertainment Law & Finance
Ticket Refund Suits Against StubHub to Get MDL Treatment
Amanda Bronstad
Online ticket reseller StubHub faces lawsuits over allegedly unrefunded event tickets in California, after a federal judicial panel ordered that similar cases from jurisdictions in multiple states be coordinated.
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Business Crimes Bulletin
FIFA Decision Confirms Long Arm of Honest Services Fraud
Robert J. Anello and Richard F. Albert
United States v. Napout
The U.S. government’s lead role in the prosecution of corruption within the Zurich-based FIFA may be a paradigmatic example of U.S. law enforcement acting as the world’s policeman. If corruption is based on foreign executives violating their duties of loyalty to foreign private entities, how does that translate into a violation of U.S. criminal law? Does it matter that the conduct in which the foreign executive engaged — commercial bribery — may not be illegal under the law of the executive’s home country?
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Entertainment Law & Finance
Players on the Move
Anne Bagamery, Dan Clark and Varsha Patel
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
Film Clips Included in Talent’s Acting Reel Are a Copyright Fair Use
Ninth Circuit Finds Judd/Weinstein Meeting Within Scope of California Sexual Harassment Statute
Personal Manager’s Lawsuit in New York Against Former In-House Counsel Can Move Forward
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Entertainment Law & Finance
Man of La Mancha Revival Dispute Involves Whether Attorney/Client Relationship Arose
Stan Soocher
A thorny concern for lawyers is whether — and if so, when — an attorney/client relationship has been formed with a party with whom the lawyer has entered into a business arrangement. Current litigation over an agreement involving theatrical production rights to the Tony Award-winning musical Man of La Mancha offers some perspective on the issue.
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Entertainment Law & Finance
How COVID-19 Has Impacted Broadway Productions
Matthew Windman
While the theaters of Broadway remain dark, the New York theater community has been left to grapple with challenging legal issues relating to governmental directives, contracts, insurance coverage, refunds, presenting live and prerecorded content on the Internet, and what health and safety measures will be needed once the theaters can reopen.
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Entertainment Law & Finance
Copyright Considerations In Artificial Intelligence
Shaleen J. Patel and Sushmitha Rajeevan
In the process of creating new content, AI, which has moved into the entertainment industry, may create copies of copyrighted works in memory storage as a byproduct of its overall output sequence. This article explores authorship and ownership of such AI-generated content, and to what extent, if any, can copyrights be infringed upon when AI reproduces copyrighted works for machine learning.
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Entertainment Law & Finance
Delaware Court Dismisses Fox Stockholder’s Suit Over Disney Deal
Ellen Bardash
In a decision that narrowed what actions can be brought by Delaware companies’ stockholders in the context of a merger, the Delaware Court of Chancery dismissed claims brought against former 21st Century Fox executives, including three members of the Murdoch family.
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Entertainment Law & Finance
Bit Parts
Stan Soocher
DGA’s “Qualification List” Isn’t a “Labor Organization” Under Georgia Law
Unlicensed Use of Van Halen Photo in Conjunction With Museum Exhibit Ruled Fair Use
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Entertainment Law & Finance
Recent Court Views on “Making Available” Controversy in Copyright Infringement
Stan Soocher
Federal courts have long disagreed over whether the unauthorized “making available” of a plaintiff’s works to the public is sufficient to constitute copyright infringement under the U.S. Copyright Act. Two June District Court decisions demonstrated the differences between the views of the Fourth and Ninth Circuits.
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Entertainment Law & Finance
Does Insurance Policy Cover Media Office COVID-19 Closure?
Howard B. Epstein and Theodore A. Keyes
According to news reports, and judging from the plethora of lawsuits filed seeking insurance coverage for lost income incurred as a result of the COVID-19 pandemic, insurance companies are for the most part denying claims for business interruption losses. The type of insurance claim at issue may make a difference.
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Entertainment Law & Finance
Commentary: Claims Filing Time Issues on Copyright Ownership from Everly Bros. Case
J. Alexander Lawrence
Don and Phil Everly’s flawless harmonies that resulted in a string of hits in the 1950s and '60s regrettably ended in acrimony. The Sixth Circuit recently issued a decision in a dispute between Phil’s heirs and Don over copyright ownership of the No. 1 hit “Cathy’s Clown,” in which concurring Judge Eric E. Murphy raised important questions about when the statute of limitations should begin to run in copyright cases and whether courts have been correctly applying the law.
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Entertainment Law & Finance
Counsel Concerns: Ice Cube’s Big3 Suit Against League’s Lawyers Ends Quietly
Dan Packel
Three-on-three basketball league Big3, co-owned by hip hop artist and actor Ice Cube, quietly abandoned a lawsuit accusing the law firm Quinn Emanuel Urquhart & Sullivan of putting its lucrative relationship with the Republic of Qatar ahead of its attorney-client obligations to the fledgling sports project.
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Entertainment Law & Finance
Defense Counsel Discuss Outcome in Dance Steps Case
Jenna Greene
Kirkland & Ellis has notched a win in cutting-edge litigation that questions the protectability of dance steps, what constitutes choreography and the relationship between copyright, and right of publicity and trademark law.
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Right of Publicity Laws Don’t Pierce CDA Immunity Shield
Second Circuit Affirms Dismissal of Wolf of Wall Street Defamation Suit
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Entertainment Law & Finance
Federal Appeals Courts Weight in On Accruals for Copyright Infringement vs. Ownership Claims
Stan Soocher
The U.S. Copyright Act states that a civil copyright action must be filed within three years of its accrual. How this applies to copyright infringement and to copyright ownership claims, including in the same case, isn’t always clear. But two recent federal appeals courts decisions have provided guidance on the differences in accrual for each of these copyright claims.
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Entertainment Law & Finance
Davis Wright Forms Entertainment Industry Reopening Advisory Group
Dylan Jackson
As millions of Americans turned to television and movies for diversion and comfort amid the coronavirus pandemic and resulting business shutdowns, the companies that create that content were left scratching their heads about how to resume business safely when they are allowed. Davis Wright Tremaine launched a new group in hopes of providing the answers.
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Entertainment Law & Finance
Soccer Federation Litigators Discuss Recent Ruling in Equal Pay Case
Jenna Greene
Latham & Watkins partners Michele Johnson and Jamie Wine turned the tide for the U.S. Soccer Federation in a high-profile — and highly sensitive — wage discrimination lawsuit by the U.S. Senior Women’s National Team. In this Q&A, Johnson and Wine discuss their perspective on the case
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Entertainment Law & Finance
Agreement to Amend CA’s AB5 Helps Music Industry
Sidney S. Fohrman and Ariel D. Shpigel
After over a year-and-a-half of lobbying efforts by the music industry and negotiations with lawmakers, it was recently announced that AB5 would be amended to accommodate musicians’ unique niche in the California economy.
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Entertainment Law & Finance
9th Circuit Says Copyright Attorney Fees Available in Declaratory Suits
Scott Graham
A declaratory judgment action for copyright abandonment can give rise to fee shifting under the Copyright Act, the U.S. Court of Appeals for the Ninth Circuit ruled in a case of first impression.
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Entertainment Law & Finance
Players On the Move
Kibkabe Araya
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
“Wild America” Trademark Is No Protection Against TV Series’ Names
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Entertainment Law & Finance
Perspective on Impact of COVID-19 on Entertainment Industry
Stan Soocher
Leslie José Zigel, Chair of the Entertainment, Media & Technology Group at Greenspoon Marder offers his thoughts on entertainment industry issues arising out of the COVID-19 pandemic.
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