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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.
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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.
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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
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.
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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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Entertainment Law & Finance
Sheppard Mullin’s Suit Over Buyer’s Deposit to Acquire Bankrupt Film Co.
Jessie Yount
A suit filed by the law firm Sheppard Mullin as plaintiffs reveals Chapter 11 acquisition talks fell through between the firm’s client Cecchi Gori Pictures and a potential buyer comprising a trio of film producers.
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Entertainment Law & Finance
Fresh Filings
ELF Staff
Notable court filings 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.
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Los Angeles Federal Court Dismisses United Talent Agency’s Breach-of-Contract Claim Brought Over Denial of Insurance Coverage
“Single Claim” Provision Defeats DirecTV Law Firm’s Bid for Reimbursement of Legal Fees Under Insurance Policy
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Entertainment Law & Finance
Calif. Court of Appeal Considers How to Draw Line Between Business Consulting and Legal Services In Entertainment Industry Case
Stan Soocher
The question has been frequently debated in the legal community: What is the difference between an attorney providing business consulting services or acting as legal counsel? The California Court of Appeal recently issued an opinion on the concern in the context of the entertainment industry. Though issued “unpublished,” the decision offers insight and guidance on the business consultant/legal counsel dichotomy debate.
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Entertainment Law & Finance
How to Obtain Subpoenas for Identifying ISP Users
Shari Claire Lewis
This article focuses on a recent federal court decision, to explain how the well-developed law provides plaintiffs asserting a wide range of claims with the ability to proceed while protecting ISPs and, correspondingly, how it ultimately means that defendants who otherwise could remain anonymous may have to defend themselves in court.
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Entertainment Law & Finance
Change In ADR Provider at Issue In Event-Ticketing Fees Litigation
Ross Todd and Alaina Lancaster
A new antitrust complaint over ticketing fees has been filed in the U.S. District Court for the Central District of California against Live Nation Entertainment Inc. and Ticketmaster. The plaintiffs in the newly filed suit are challenging Ticketmaster's new arbitration agreement by claiming its protocols for mass arbitrations, laid out in the rules and procedures posted to its website, require “a novel and one-sided process that is tailored to disadvantage consumers.”
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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
Latest Decision in Band Name Dispute Among Original “Rascals” Members
Second Circuit Upholds District Court’s Interpretation of “Broadcasting” in Insurance Policy’s Media Exclusion Clause
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Entertainment Law & Finance
California Appeals Court Rules on Anti-SLAPP Motion In Battle Over Dueling TV Show Proposals
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.
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Entertainment Law & Finance
How §365(n) Can Help Licensees When Licensors File for Bankruptcy
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.
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Entertainment Law & Finance
Miramax’s NFT Suit Over Pulp Fiction
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.
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Entertainment Law & Finance
Challenges In Being a Pro Sports General Counsel
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.
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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
N.Y. Appellate Division Affirms Denial of Motion To Dismiss Personal Manager’s Lawsuit Against Management Attorney
Playboy Gets Preliminary Injunction Against Counterfeit NFTs Seller
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Entertainment Law & Finance
Johnny Cash Museum Case Includes Attorney Conflict of Interest Issue
Stan Soocher
How does “eye of the beholder” apply to law clients for determining whether an attorney is representing more than one party to a negotiation? And how would attorney/client privilege work in such a situation? These issues have been raised in litigation involving sponsorship agreements for the Johnny Cash Museum in Nashville.
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Entertainment Law & Finance
Recent Court Rulings on ‘Embedding’ Foreshadow Split In Circuits
Tamerlin Godley and Kiaura Clark
When and how can someone else’s visual content be displayed on a website without the website operator running afoul of copyright law? When and how can someone else display the website operator’s visual content? A recent ruling on a popular practice at the center of these issues for entertainment and media companies may upend the current paradigm.
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Entertainment Law & Finance
Consultants Lose Bid for Percentage of Record Label
Greg Land
A successful Atlanta-based hip-hop and R&B label beat back the efforts of a Los Angeles consulting firm to lay claim to hundreds of thousands of dollars and a large chunk of the company itself, when a jury declared that the record company owed the consultants less than $3,500.
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Entertainment Law & Finance
Fresh Filings
Notable court filings in entertainment law.
Read More ›
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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.
Read More ›
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Entertainment Law & Finance
Upcoming Event
Copyright Year in Review, Nashville TN
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Entertainment Law & Finance
Right of Publicity Case Roundup
Stan Soocher
Several recent court rulings aptly demonstrate how the right of publicity continues to be a vital cutting-edge area of celebrity law.
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Entertainment Law & Finance
Legal Issues In Reopening Broadway
Mathew Windman
With the reopening of Broadway now in full swing, this is an ideal opportunity to address new legal developments.
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Entertainment Law & Finance
U.S. Supreme Court Considers Copyright Registration of Multiple Works
Rex A. Donnelly
The 'Unicolors' case highlights the value of copyright registration, not only for creators who rely on the exclusivity of their content for making a living, but also for anyone with copyright eligible works in their IP portfolio.
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Entertainment Law & Finance
Litigation Over Skater Girl Film Transferred to CA
Cedra Mayfield
When Atlanta filmmaker-turned-plaintiff Raymond Pirtle Jr. filed a copyright infringement suit against CA-based Netflix in the U.S. District Court for the Northern District of Georgia, he pitted him against seasoned attorneys, representing a corporate giant in a case that has both sides claiming early incremental victories.
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Entertainment Law & Finance
Fresh Filings
Notable court filings in entertainment law.
Read More ›
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Manager’s Law License Considered in California Personal Jurisdiction Ruling in Dispute Involving Rapper Lil Wayne
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Entertainment Law & Finance
Upcoming Events
Nashville Bar Association Annual Entertainment, Sports & Media Law Institute
TexasBarCLE 31st Annual Entertainment Law Institute
Read More ›
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Entertainment Law & Finance
How Disney’s Motion to Compel Arbitration of Scarlett Johansson’s Lawsuit Over ‘Day-and-Date’ Release of Black Widow Movie Might Have Played Out
Stan Soocher
Johansson alleges that, in order to generate new subscribers for Disney+, Disney intentionally interfered with her talent agreement with Disney affiliate Marvel Studios for her featured role in Black Widow — and thus allegedly induced Marvel to breach a promise in the Johansson/Marvel agreement for the film to be initially distributed in exclusive “wide theatrical release.” Updated Oct. 1 to reflect a confidential settlement reached in the case.
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Entertainment Law & Finance
Procuring Talent Through ‘Acquihire’ Agreements
Lisa A. Fontenot and Michelle Rae Heisner
The gold in the gold rush in tech M&A is talent to develop and integrate artificial intelligence technology. Faced with a shortage in skilled employees, buyers are using “acquihires,” a discreet M&A strategy that oftentimes flies under the news radar, to bolster AI benches.
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