Art, Entertainment & Sports Updates

Read need-to-know updates, commentary, and analysis on Art, Entertainment & Sports issues written by leading professionals.
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Gilligan’s Island Remake Awash with Copyright Controversy

Travis P. Dunson (“Dunson”) filed suit for copyright infringement, money damages, injunctive relief, attorneys’ fees, as well as damages for breach of implied contract, conversion, unjust enrichment, and quantum meruit...more

Legislative Update Report -- No. 2014-18 -- Sept 26, 2014

In This Article: ..Federal Government ..Alberta ..British Columbia ..Manitoba ..New Brunswick ..Newfoundland ..Northwest Territories ..Nova Scotia ..Nunavut ..Ontario ..Prince Edward...more

Fifth Circuit Court Reverses Tax Court Ruling on Fractional Interest Valuation Discounts

On September 15, the U.S. Court of Appeals for the Fifth Circuit reversed a 2013 Tax Court decision that had allowed only a nominal, 10% fractional interest discount for artwork included in a decedent’s estate....more

Belgium: Gaming Commission calls for blacklisting of free gambling apps

In today’s Belgian national media, the Belgian Gaming Commission has pleaded to restrict the offering of free gambling applications (“apps”) which allow persons to gamble for free on their mobile device. The Commission for...more

Coming Soon to a Theater Near You: New DOJ Closed-Captioning Rules

The price of movie tickets could be going up soon. Under new proposed regulations issued by the Department of Justice, movie theaters with digital screens would be required to show films with options for closed captioning...more

EU court validates Danish online gaming regime

The EU General Court upheld the Danish gambling regime providing for a different tax treatment between online gaming and land based gaming putting an end to a long legal battle that had side effects also in other...more

FTC Warns Advertisers to Check the Fine Print in “Operation Full Disclosure”; Shot Across the Bow Could Signal Law Enforcement...

The Federal Trade Commission (FTC) announced this week that it sent warning letters to more than 60 national advertisers regarding the inadequacy of disclosures in their television and print ads. The letters are part of an...more

SPAIN: Match-fixing- could the age of innocence be over?

Corruption is a problem. Keeping corruption out of public scrutiny is an even bigger problem, because responsible people remain untouched and ready to repeat the same wrong behaviours. In that sense, the financial crisis that...more

FAA Grants Exemptions and Releases Guidance for Operation of Small Unmanned Aircraft Systems

On September 25, 2014, the Federal Aviation Administration (FAA) approved six exemption requests for the use of small unmanned aircraft systems (sUAS) for television and movie filmmaking under strict conditions....more

Advertising Law - September 2014 #2

Use of Flawed Study Results in $3.5M Settlement with FTC - For relying upon the results of a flawed study to make what the Federal Trade Commission characterized as “baseless” and “hopelessly flawed” weight-loss claims...more

Parties Seek Expedited Answers on Changes to College Sports

As we discussed in more detail in our previous article, the extent to which the O’Bannon decision, which found that the NCAA operates as a “cartel” that restrains college athletics, will impact college sports largely comes...more

GB: Gambling point-of-consumption legislation delayed until 1 November

The Government has announced that the full implementation of the Gambling (Licensing and Advertising) Act 2014 will be postponed until 1 November 2014....more

Status Updates - September 2014 #10

Hooray for Hollywood. According to a new study by KPMG, television and movie viewers have never had it better. A report by the consulting company found that the overwhelming majority of well-known movies and television shows...more

Broadcast Station Reminder— Quarterly Filings and Requirements: Issues/Programs Lists; Children’s Programming; Commercial Limits...

By Oct. 10, 2014, all radio and television broadcast stations, both commercial and noncommercial, must prepare a list of important issues facing their communities of license, and the programs aired during July, August and...more

Governor Brown Is Not CEQA “Public Agency,” Holds Third District In Indian Casino Case

In a published decision filed September 24, 2014, the Third District Court of Appeal (per Justice Robie) held that CEQA’s definition of a “public agency” that is subject to its requirements (see Pub. Resources Code, § 21063)...more

Status Updates - September 2014 #8

..Pin Money. Brands of all sizes have long used the virtual pin board/social media site Pinterest to promote their wares and drive traffic to their web sites. Beginning in October 2014, companies will be able to purchase paid...more

Netherlands: Games of Chance Authority prepares a directive on promotional games of chance

Recently, the Dutch Games of Chance Authority (“KSA”) approached several parties to provide input for the identification of existing uncertainties in the Code of Conduct for Promotional Games of Chance (“Code”). In reply to...more

GB: POC Legislation delayed until 1 November

The Government has announced that the full implementation of the Gambling (Licensing and Advertising) Act 2014 will be postponed until 1 November 2014....more

Aereo: Another View

In American Broadcasting Companies, Inc. v. Aereo, Inc. (June 25, 2014), the Supreme Court reversed the Second Circuit’s denial of a preliminary injunction against Aereo, finding Aereo liable for direct copyright infringement...more

Alert: FAA to Allow Use of Unmanned Aerial Vehicles for Film Industry

On September 25, 2014, the Federal Aviation Administration ("FAA") granted six movie companies exemptions to use small unmanned aerial vehicles ("sUAVs") or "drones" for closed set filming and movie production. Cooley...more

FTC Sends Warning Letters to Major Advertisers About Inadequate Disclosures

The FTC announced it has sent letters to over 60 major retailers, including 20 of the 100 largest advertisers in the U.S., that failed to make adequate disclosures in their television and print ads....more

Executing Noriega?

As some of you may recall, I posted about a lawsuit Manuel Noriega brought against purveyors of the Call of Duty video game franchise arising from his depiction in the game. In essence, I suggested that Noriega’s lawsuit was...more

Personal Brand Management for Retirees (…of the NFL)

Dozens of former NFL players lit up the federal court docket here in Minnesota with filings on Monday targeted at Defendants including the National Football League, NFL Films, Inc., and NFL Productions, LLC....more

Are Fantasy Sports Operators Betting on the Right Game?

With the start of the NFL season, football fans are measuring player performance and building virtual rosters for season-long fantasy sports leagues. These commissioner-style games, in which players create fantasy...more

CJEU clarifies scope of exception for parody: not just joking around

Under Belgian law, a copyrighted work may be used without the authorisation of the author(s) for the purposes of caricature, parody or pastiche. In the absence of any clear guidance on the interpretation of the concept of...more

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