Features

FTC's Letter to Paid 'Influencers'
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

A Look at Right of Publicity Suit Over <i>Gears of War</i>
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

Can Instagram Post of Photo Become Transformative?
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
BIT PARTS
California Court of Appeal Interprets Incontestability Clause in Profit Participation Agreements<br>Eleventh Circuit Affirms Counterfeit DVDs Restitution Award for Hollywood Studios
Columns & Departments
UPCOMING EVENT
New York State Bar Association Entertainment, Arts & Sports Law Section Annual Spring Meeting
Columns & Departments
BOOK RELEASE
The 11 Contracts That Every Artist, Songwriter, and Producer Should Know by Steve Gordon
Features

Using Forum Selection Clauses to Reduce the Uncertainty of NY's and CA's Differing Views on Non-Compete Agreements
New York enforces reasonable employee agreements not to compete. California does not. This creates a nettlesome but common situation when a New York employer has employees who work in a different state. While the issue is not limited to New York and California, the laws of New York and California — where so many entertainment companies are based — are of special interest to the industry.
Features

<i>Decision of Note</i><br>Suit Seeking Public Doman Status for 'Buck Rogers' Can Move Forward
Team Angry Filmworks' lawsuit seeking public domain status for science fiction hero "Buck Rogers" adventures is set to blast off now that the U.S. District Court for the Western District of Pennsylvania denied a request to dismiss filed by the trust that licenses Rogers material.
Features

David Boies' Film Venture Sues over <i>Jane</i> Financing
The Boies/Schiller Film Group (BSFG), a film finance venture founded by renowned litigator David Boies and Zachary Schiller, has filed suit against investor Peter Nathaniel and his Boca Raton, FL-based investment fund Impala Partners LLC, accusing Nathaniel and Impala of misrepresentations that resulted in BSFG losing millions in its production of <i>Jane Got a Gun</i>, a 2016 film starring Natalie Portman that received middling reviews and underwhelmed at the box office.
Features

<i>Counsel Concerns</i><br>Athletes' Lawyer Sues Co-Counsel Over Fees from Video Game Cases
A New Jersey lawyer claims in a legal complaint that the law firm Hagens Berman Sobol Shapiro shortchanged him on fees from a $60 million settlement of class action suits that had been brought behalf of college athletes over the use of their names and likenesses in video games.
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