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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.
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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
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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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Entertainment Law & Finance
Court’s Decision In Epic/Apple Battle Explained
Alaina Lancaster
The federal judge who presided over the antitrust showdown between Fortnite developer Epic Games Inc. and Apple Inc. found that Epic failed to prove the tech giant is a monopolist, but ordered Apple to allow certain in-app purchasing communications.
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Entertainment Law & Finance
11th Circuit Rules On Who Controls Copyright Case
Michael A. Mora
The U.S. Court of Appeals for the Eleventh Circuit affirmed a lower court ruling that its judges said could have come straight out of a telenovela, or Spanish soap opera.
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Recording Artist’s Attorney Prevails in Lawsuit Brought Against Her by Client’s Record Label
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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
Upcoming Event
TexasBarCLE 31st Annual Entertainment Law Institute and Entertainment Law 101 Program, Nov. 17-19.
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Entertainment Law & Finance
California Federal Court Sorts Out Ownership Issues In Dispute Over Record Albums
Stan Soocher
Approval of all the co-owners of a copyrighted work is needed to grant exclusive rights to third parties. Despite that, any co-owner can sell that co-owner’s exclusive ownership share to third parties without the permission of the others The U.S. District Court for the Eastern District of California recently released an opinion that considered the interplay of these copyright issues.
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Entertainment Law & Finance
Proposed Changes In UCC Address Virtual Currency Financing
Barbara M. Goodstein
Financial institutions are beginning to accept virtual currencies as collateral for financings. Could this become common for independent film productions and other entertainment industry ventures? This article examines the scope of UCC Article 9 with a focus on virtual currencies, taking into consideration issues of classification and perfection.
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Entertainment Law & Finance
Looking At NCAA Allowing Student Athletes to Profit from Publicity Rights
Michael T. Seeburger
Amidst pressure from sweeping legislation across the country, and still reeling from a major loss at U.S. Supreme Court, the NCAA suspended all rules prohibiting student athletes from profiting off their name, image and likeness.
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Entertainment Law & Finance
Newberg, McCabe, Carson Will Preside Over Copyright Claims Board
Scott Graham
The U.S. Copyright Office has found some big names for its Copyright Claims Board.
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Entertainment Law & Finance
Bit Parts
Stan Soocher
N.Y. Federal Court Rules State’s Anti-SLAPP Statute Doesn’t Apply in Federal Court Lawsuits
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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
Upcoming Event
Black Widow, Box Office and Breach of Contract: Profit Participation In COVID
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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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