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Features
First the copyright infringement case over the use of Abbott and Costello's "Who's on First" routine in a Broadway play was dismissed by a New York federal judge. Then it rounded the U.S. Court of Appeals for the Second Circuit, but was tagged out again. Now, in its third at bat, the lawsuit struck out with the U.S. Supreme Court declining to review the case.
Features
Much can be learned about the entertainment industry by comparing how those who perform services or license rights in their works are compensated under agreements to which they are a party. Some compensation in those agreements is fixed and essentially guaranteed, such as advances and flat fees. Other types, which are the subjects of this article, are contingent.
Features
A Miami company's decision to defend a small-potatoes copyright case all the way to trial paid off when the case was dismissed after a few hours — by an angry federal judge.
Features
A jury has handed down a mixed verdict in the trial of a Broadway press agent accused of scaring off an angel investor who stood ready to save the ill-fated production Rebecca — The Musical.
Columns & Departments
California Talent Agencies Act Isn't "Vague"<br>Motion to Amend Is Granted In Dispute Over Sale Opportunity for Ben E. King Song Royalties<br>"Thin" Copyright Protection for Jokes
Features
Famed Los Angeles attorney Mark Geragos will have to face a defamation suit over his Twitter posts implying that record producer Dr. Luke raped Lady Gaga.
Features
In the digital age, the Federal Trade Commission (FTC) has been keeping tabs on the growing trend of brands hiring so-called "influencers" — athletes, celebrities and others with large followings — to promote their products on social media. In April, the FTC turned its attention downstream to the "influencers" themselves, sending 90 letters to influencers and marketers informing them of their responsibility to "clearly and conspicuously" disclose the business relationships behind social media posts.
Features
Celebrities who are fiercely protective of their image and branding fight back, bringing an increasing number of lawsuits when it appears that a video game creator has borrowed without permission. These right of publicity cases highlight the tension that exists between the rights of public figures to control the way their image and likeness is used in commercial contexts and the First Amendment.
Features
An enlarged print of an Instagram post containing a copyrighted photo counts as a transformative use, an attorney for "appropriation artist" Richard Prince — whose use of other artists' material in his own works has made him no stranger to the courts — argued before a New York federal judge in April.
Columns & Departments
California Court of Appeal Interprets Incontestability Clause in Profit Participation Agreements<br>Eleventh Circuit Affirms Counterfeit DVDs Restitution Award for Hollywood Studios