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Entertainment Law & Finance
How NY Courts Find Copyright Preemption of State Law Claims
Stan Soocher
Under §301 of the U.S. Copyright Act, state law claims that are “equivalent” to exclusive rights in copyrights granted by federal law are preempted by the federal statute. To survive preemption, courts consider whether a state law claim in a lawsuit has an “extra element” that qualitatively distinguishes it from a federal copyright claim.
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Entertainment Law & Finance
Activision Trial Counsel Discusses Case About Video Game Character
Activision Blizzard and a trial team led by San Francisco-based Durie Tangri partner Daralyn Durie recently faced down a $400 million copyright suit in the Eastern District of Texas. In this Q&A, Durie talks about the strategy and the theatrics of the four-day trial.
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Entertainment Law & Finance
Key Issues In Cyber Insurance Policies
John Palmeri, Danielle Gardiner and Carlos Rivera
The surge in ransomware attacks has made familiarity with the provisions of cyber insurance essential for professionals in the entertainment industry, which is among prime targets of ransomware operatives.
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Entertainment Law & Finance
Baron Cohen Lawyers on Winning Ruling In Judge Moore’s Defamation Suit
Ross Todd
In a defamation suit brought by former Alabama Chief Justice Roy Moore, a Federal District Judge recently ruled that a release Judge Moore signed prior to his appearance on the satirical Showtime series Who is America? barred precisely the sorts of claims he was bringing. In this Q&A, Baron Cohen's attorneys discuss the case.
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Entertainment Law & Finance
Ninth Circuit’s Mixed Ruling In TMZ/Starline Arbitration Dispute
Alaina Lancaster
A California federal appeals court panel refused to broaden disclosure requirements for alternative dispute resolution organizations and called for court precedent to be revisited in a case over a soured partnership between entertainment news company TMZ and a Los Angeles celebrity tour bus company.
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Entertainment Law & Finance
Disney GC to Exit
Sarah Tincher-Numbers
After nearly three decades with The Walt Disney Co., longtime general counsel Alan Braverman is stepping down from his post at the Burbank, CA-based entertainment and media giant at the end of the year.
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Intermediate Access Theory Rejected in Copyright Infringement Lawsuit Over Home-Renovation TV Show
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Entertainment Law & Finance
Cease-and-Desist Letters Played Key Roles In Judges’ Entertainment Industry Rulings
Stan Soocher
This article examines two recent entertainment-industry cases that illustrate how judges have decided cease-and-desist letters issues.
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Entertainment Law & Finance
Key Points In Licenses for Sports Betting Rights
Ivan Parron
The legalization of sports betting and the licensure of such rights to new tech market players is redefining sports media and sports law. As a result, contract negotiations are becoming increasingly complex and requiring parties to consider an evolving set of nuanced issues.
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Entertainment Law & Finance
New Report Finds Declines In Copyright, Trademark Suits
Tom McParland
Copyright lawsuit filings declined significantly over the last two years, according to a new report by Lex Machina, which found that overall cases had dipped from a 2018 peak that was driven primarily by surges in file-sharing litigation.
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Entertainment Law & Finance
3d Circuit Hears Case on Interaction of Publicity Rights and the CDA
P.J. D’Annunzio
Likening his client’s claim to that of an athlete with a monetizable image, an attorney representing TV reporter Karen Hepp, who is suing social media websites over misuse of her likeness, recently argued to the U.S. Court of Appeals for the Third Circuit that the case should fit a narrow exception to a federal law that bars suits against online content providers.
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Entertainment Law & Finance
How Mayweather v. Paul Boxing Event Came Together
Melea VanOstrand
The recent boxing exhibition between retired boxer Floyd Mayweather and YouTube and social media star Logan Paul became one of 2021’s most successful pay-per-views, but it took some work for Mayweather to agree to the fight.
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Entertainment Law & Finance
Players On the Move
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
Mixed Ruling in Police Officer’s Lawsuit Over Depiction in Netflix Documentary
New York Court Rules Music Plaintiffs Failed To Establish Vimeo’s “Red Flag” Knowledge
Third Circuit Rejects Agency Law Principles in Deciding Work-for-Hire Issue in Termination Rights Dispute Over Game of Life Board Game
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Entertainment Law & Finance
How U.S. Tax Court Reached Its Decision on Michael Jackson’s Right of Publicity
Stan Soocher
The significance of the U.S. Tax Court decision for celebrities and their estates is clear: Prior to now, as Tax Court Judge Mark V. Holmes noted: “We haven’t had a case directly addressing the taxability of the image and likeness.”
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Entertainment Law & Finance
Rehearing Sought In 2d Circuit Finding of No Fair Use In Warhol Work
Scott Graham
Maybe the U.S. Court of Appeals for the Second Circuit should have been a little more patient.
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Entertainment Law & Finance
Dr. Luke Isn’t ‘Public Figure’ In Defamation Case Against Kesha
Jason Grant
In a split decision that closely examined what constitutes a person being considered a limited public figure for the purposes of defamation standards, the New York Appellate Division, First Department, ruled that acclaimed music producer Lukasz “Dr. Luke” Gottwald is neither a general nor a limited public figure for the purposes of his defamation suit against famed singer Kesha, who has claimed Gottwald drugged and sexually assaulted her.
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Entertainment Law & Finance
Novel TAA Claim Played Role In Agency’s Suit Against Athlete
Ross Todd
When NBA star Jimmy Butler’s former sports agency sued him last year seeking a portion of the proceeds from a $5 million Nike endorsement contract, Butler’s lawyer didn’t just stick to playing defense.
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Entertainment Law & Finance
Insurer Loses Bid to Dismiss Cinemark’s Case Over COVID-19
Angela Morris
In a rare ruling, the Cinemark movie theater chain won the chance to keep litigating against its insurance company, seeking losses under a $500 million policy for business interruption from COVID-19.
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Entertainment Law & Finance
Players On the Move
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
Don Everly Prevails Over Late Brother Phil’s Family Following Trial on Authorship of Everly Brothers’ 1960 Hit “Cathy’s Clown”
Split Decision on Secondary Liability Claims Against Harry Fox Agency in Music Licensing Lawsuit Over Spotify Streaming of Eminem Compositions
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Entertainment Law & Finance
New York Federal District Court Dismisses Investor Lawsuit Over Tencent Music IPO
Stan Soocher
In December 2018, China-based titan Tencent Music Entertainment launched a U.S. initial public offering (IPO). But the IPO resulted in an investor’s class action suit alleging TME violated federal securities laws. This is part of a trend of increasing such securities suits against foreign companies, though the U.S.
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Entertainment Law & Finance
Legal Triggers In NFT Crypto Craze
Michael A. Mora and Alaina Lancaster
The latest cryptocurrency craze has litigators closely watching from the sidelines. Buyers of digital non-fungible tokens (NFTs) are ready to shell out hundreds of thousands of dollars, sometimes more, but when disputes start to hit the scene, litigators said there is little to no case law as precedent.
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Entertainment Law & Finance
Supreme Court on APIs and Fair Use
Scott Graham
Google didn’t get an answer from the U.S. Supreme Court on whether the Java Application Programming Interfaces (APIs) it copied from Sun Microsystems were copyrightable. But it got just about everything else it could have hoped for in a decision that ended its 11-year copyright clash with Sun's successor, Oracle.
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Entertainment Law & Finance
2d Cir. Issues Two Notable Copyright Fair Use Decisions
Tom McParland
The U.S. Court of Appeals for the Second Circuit recently issued decisions in two closely watched copyright fair use cases involving photographs. In the…
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Entertainment Law & Finance
Tax Issues In NY Publicity Right Becoming Descendible
Sharon L. Klein
While some states, like California, recognize post-mortem publicity rights, New York had extended the right of publicity to living New Yorkers only.
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Entertainment Law & Finance
COUNSEL CONCERNS: Legal Fees Fallout From WWE Litigation
Justin Henry
K&L Gates is being accused by a Massachusetts-based plaintiffs’ attorney — who sued longtime K&L Gates client World Wrestling Entertainment in Connecticut federal court and is now saddled with sanctions — of making exorbitant demands for more than half a million dollars in legal fees.
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Entertainment Law & Finance
California Court of Appeal Rules on Formerly Licensed Attorney Who Continued as Talent Manager
Stan Soocher
Conflict of interest is a red-flag concern when an attorney becomes a talent manager. But what happens when a formerly licensed attorney continues to provide management services for talent?
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Entertainment Law & Finance
No Delay for Weinstein Victims Trust Plan
Ellen Bardash
A U.S. District Court Judge for the District of Delaware judge ruled not to grant a motion that would have stayed a liquidation plan setting aside $17 million to settle with those who have claimed sexual misconduct by former film industry executive Harvey Weinstein.
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Entertainment Law & Finance
Developments In Student Athletes’ Publicity Rights
Benjamin Tulis and Gregg E. Clifton
The rights of college student-athletes to receive compensation for the use of their “name, image and likeness” (NIL) are finally being addressed. As…
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Eleventh Circuit Flirts With Nominative Fair Use Test in Alan Parsons Project Trademark Case
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Entertainment Law & Finance
Litigation Over Tom Clancy Works Involves Fundamental, But Complex Copyright Elements
Stan Soocher
Current copyright litigation in the U.S. District Court for the District of Maryland involving Clancy’s widow Alexandra and his former wife Wanda King is complex, but involves fundamental issues of copyright ownership.
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Entertainment Law & Finance
'Stranger Things' Copyright Claim Survives Motion to Dismiss
Alan R. Friedman
In response to a copyright claim in the U.S. District Court for the Central District of California that the Netflix series Stranger Things infringed on Irish Rover Entertainment’s unpublished screenplays, Netflix and the other defendants filed a Rule 12(b)(6) motion to dismiss, arguing that the works were not substantially similar as a matter of law.
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Entertainment Law & Finance
Licensing Audits from Licensees’ Perspective
David Schnider
The audit clause is a necessary means for the licensor to protect its interests and to guard against unscrupulous licensees. But it is a mistake to think that the clause is there solely to prevent malfeasance.
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Entertainment Law & Finance
New Small Claims Procedure for Copyright Disputes
Scott Graham
The CASE Act fulfills the longstanding goal of the U.S. Copyright Office to establish a small claims court. The measure tasked the office with establishing the Copyright Claims Board and adopting governing regulations.
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Entertainment Law & Finance
Shareholders’ Suit Over Video Game Developer’s IPO
Ellen Bardash
Two former shareholders allege in federal court that an auto-racing video game creator swindled them out of more than $200 million in stock.
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Entertainment Law & Finance
In Memoriam: Michael Rudell
Stan Soocher
We sadly note the passing of Entertainment Law & Finance editorial board member and entertainment attorney Michael I. Rudell.
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Entertainment Law & Finance
Legal Issues and Monetization Strategies In a Quarantine-Streaming Music World, Part 2
Gwendolyn Seale
Part Two 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
9th Cir. Finds No Fair Use In Dr. Seuss/Star Trek “Mashup”
Robert J. Bernstein and Robert W. Clarida
In Dr. Seuss Enterprises L.P. v. ComicMix LLC, a unanimous three-judge panel of the Ninth Circuit held in December that ComicMix’s illustrated book combining elements of several Dr. Seuss children’s books with characters, themes and other features of the popular sci-fi series Star Trek was not a fair use of the Seuss material from which it had admittedly been “slavishly” copied.
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Entertainment Law & Finance
Additional Perspective on Dr. Seuss/Star Trek Ruling
Scott Graham
The court’s decision means that in the Ninth Circuit commercial mash-ups will have to do more than place new characters in old settings to qualify for fair use.
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Entertainment Law & Finance
Lawyer Disbarred Over Mishandling of Investors’ Funds for Film Project
Charles Toutant
The New Jersey Supreme Court disbarred lawyer Gary Mason after finding he knowingly misappropriated $690,000 that investors paid to support the work of a fledgling filmmaker.
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Entertainment Law & Finance
2d Circuit Blocks NY Litigation of 'Girl 6' Copyright Infringement Case
Raychel Lean
Fort Lauderdale copyright attorneys Matthew Nelles and Adriana Kostencki of Nelles Kostencki were in a Los Angeles airport in February 2019, when movie director, producer and actor Spike Lee called the day after winning an Oscar for his historical crime drama BlacKkKlansman. But the call wasn’t about the win.
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Promotional Use of Supermodel’s Appearance in Reality TV Show Didn’t Violate Lanham Act
Taylor Swift Shakes Off Fifth Copyright Infringement Lawsuit by Jesse Graham
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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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