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Soul Men Ruling Latest to Demonstrate Courts' Shift To Transformative Use Test In Publicity Rights Cases
Celebrities often turn to the Lanham Act and state right of publicity laws to protect against exploitation of their name, image or voice in connection with the promotion of products or services. The U.S. Court of Appeals for the Sixth Circuit recently considered both Lanham Act and right of publicity claims in an action that pitted a Grammy winning musical artist against a major motion picture studio over the alleged use of the musician's likeness in a movie.
Court Approves Settlement of Suit Over NFL Players Publicity Rights
A federal judge in Minnesota signed off on a hotly contested $50 million settlement between the National Football League and former players who said the league infringed their publicity rights. The ruling was a blow to a group of plaintiffs' lawyers who lodged objections to the deal, calling it inadequate.
DJ Dropped from Dispute Over Use of Beastie Boys Music
After the Beastie Boys sued over the unlicensed use of several of the rap group's tracks in a remix on the soundtrack to a promotional video, defendant energy-drink maker Monster Energy Co. tried to shift the blame onto an unsuspecting disc jockey. That tactic didn't sit well with Southern District Judge Paul Engelmayer, who dismissed the DJ from the litigation.
Upcoming Events
Annual Entertainment Law in Review<br>Copyright Year in Review
Upcoming Events
Annual Entertainment Law in Review<br>Copyright Year in Review
Software Maker Files Appeal in Batman Film Trademark Suit
Software company Fortres Grand is pressing to revive its trademark infringement claims against Warner Bros. Entertainment Inc. for using the name of the real-life "Clean Slate" computer program in the Batman movie <i>The Dark Knight Rises</i> .
Cameo Clips
Maryland Federal Court Issues Ruling in Dispute over Boxer Roberto Duran's Life Story<br>New York Federal Court Refuses to Apply First-Filed Exception to Dispute Over "Bette Davis Eyes" Jewelry
DE Supreme Ct. Rules on <i>Viacom</i> and <i>Harmonix</i> Merger
Two important aspects of merger agreements are the price and the nature of the post-closing obligations of the sellers to defend or indemnify the buyer for claims arising out of presale conduct. As to the former, parties to merger transactions often bridge valuation gaps with earn-outs. The selling stockholders receive a cash payment at closing and an additional contingent right to receive a specified amount of future payments depending on how well the business performs.
Bit Parts
Band Is Allowed to Self-Release Album During Contract Battle with Victory Records<br> Song License Non-Signatory Can Compel Arbitration<br>Videogame Service Representative's Voiceover Work for Employer Ruled a Work for Hire
Establishing Copyright Damages When A Party Moves for Summary Judgment
Section 504(b) of the Copyright Act allows a copyright owner to obtain both the owner's actual damages as well as an infringer's profits attributable to the infringed work that weren't included in the actual damages award. What are the burdens of proof when a copyright infringement plaintiff seeks this recovery after a pre-trial summary judgment motion has been filed? How does an expert's report work into this? These issues were recently examined in the U.S. Court of Appeals for the Fourth Circuit.

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