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.
January 01, 2021Stephen M. Kramarsky
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.
December 01, 2020Stan SoocherThis 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.
December 01, 2020Heidi ReavisRecent 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.
December 01, 2020Shaleen J. Patel and Mike HobbsThe 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.
December 01, 2020Michael A MoraLouisiana 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
December 01, 2020Stan SoocherThe 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.
November 01, 2020Stan SoocherIn 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.
November 01, 2020Robert J. Bernstein and Robert W. ClaridaRecent 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.
November 01, 2020Steven Reardon
