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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Fox News Network, LLC v. TVEyes, Inc. - USDC, S.D. New York, August 25, 2015

Fox News Network brought a copyright infringement suit against TVEyes Inc., a company that records virtually all radio and television broadcasts and transforms their content into a searchable database for its subscribers...more

Brown v. Twentieth Century Fox Home Entertainment - USDC, E.D. Kentucky, August 27, 2015

Pro se plaintiff Rhonda Kay Jackson Brown, author of the novel Jackson Road and the related screenplay, “Mother’s Son,” brought copyright infringement and unfair competition claims against Twentieth Century Fox and...more

Who Says There Are No More Big Los Angeles Chapter 11 Cases?

On July 30, 2015, Relativity Media, along with 144 of its affiliates, filed a Chapter 11 bankruptcy. The multi-million dollar entertainment company, which produced films such as The Social Network, The Fighter, Limitless,...more

Football helmet safety: 7 tips for a successful season

Football helmet-related injuries account for a significant number of head, face, and neck injuries amongst our athletes each year. Many of these injuries result in emergency room visits and hospitalizations, large medical...more

Wanna Bet? Third Circuit Puts the Kibosh on Sports Gambling Just Before Start of NFL Season

For the second time in three years, the Third Circuit has rejected New Jersey’s attempt to circumvent the Professional and Amateur Sports Protection Act (“PASPA”). PASPA, which Congress enacted in 1992 and prohibits state...more

Express Waiver of Assumption of Risk – Gross Negligence Exception

Stacey Chavez, et al. v. 24 Hour Fitness USA, Inc. - Court of Appeal, Sixth Appellate District (July 8, 2015) - California’s public policy in favor of sporting and leisure activities provides strong support for...more

"Ready? Okay!": Clothing Design Copyright Affirmed by Sixth Circuit Despite Dissent Stating Industry is "a Mess"

Recently, the Sixth Circuit Court of Appeals ("Sixth Circuit") in Varsity Brands, Inc. v. Star Athletica, LLC, decided that clothing designs (in this case, a cheerleading uniform) can be protected by copyright under the...more

Plaintiffs Fold on Their Full Tilt Poker Actions Following Court’s Rejection of Class Certification and Proposed Settlement

The plaintiffs in three actions against entities and individuals involved in the Full Tilt Poker Internet gambling operation dismissed their claims without prejudice in the U.S. District Court for the Southern District of New...more

Trademark Review | August 2015

The Redskins Lose Again (Off the Field)- A federal District Court affirmed the Trademark Trial and Appeal Board’s (TTAB) ruling that “Redskins” cannot be registered as a trademark for use in connection with a...more

Michael Jordan Testifies He Doesn’t Do Deals For Less Than $10 Million: Jury Awards Him $8.9 Million In Lawsuit Over Use Of His...

A jury awarded Michael Jordan $8.9 million this week after he testified he doesn’t do deals for less than $10 million and he would never have done a deal with the grocery store chain Dominick’s Finer Foods, LLC, as it wasn’t...more

When do celebrity endorsements on social media run afoul of the FTC?

Jesse Saivar, chair of Greenberg Glusker’s Intellectual Property Group, was quoted in an August 26, 2015, Daily Journal article, "Endorsements on social media run afoul of FTC," raising concerns of Federal Trade Commission...more

Do Not Mess With Michael Jordan And His Right Of Publicity

After Michael Jordan was inducted into the Basketball Hall of Fame in September of 2009, Sports Illustrated ran a special issue to commemorate Jordan’s achievement and celebrate his career. The issue was to be sold in...more

Death v. Suicide in Event Cancellation Policies

While many Event Cancellation/Non-appearance policies offer effective coverage for financial losses and additional costs when the insured performer dies from natural causes or an accident, they reach their limits if the...more

Jordan $8.9M – Dominick’s 0: Star Wins Over Unauthorized Use of Name

For years, Michael Jordan dominated opponents on the basketball court. Now, he seems to be doing the same in legal courts. Last week, a jury ordered Chicago grocery chain Dominick’s (now owned by Safeway) to pay the former...more

NLRB Calls Audible — No Union for Northwestern

Over a year ago, the regional office of the National Labor Relations Board (NLRB) in Chicago concluded that scholarship athletes on the Northwestern University football team were “employees” within the meaning of the National...more

Ya Down With TPP?: How the Trans-Pacific Partnership Could Answer the Question of Artists’ Termination Rights in Sound Recordings

In a recent blog, I wrote about whether the U.S. Copyright Act’s work-made-for-hire doctrine applies to copyrights in sound recordings as that status affects artists’ termination rights in transfers. The responses I received...more

Supreme Court Corner – Q3 2015

In Kimble v. Marvel Entertainment, the Supreme Court upheld a long-standing precedent that restricts the ability of a patent holder to charge a royalty beyond the term of a patent. In a 6-3 decision, the Court declined to...more

Updates to Nevada’s Live Entertainment Tax – Part 3

This is the final post in a series of blog posts about changes to Nevada’s Live Entertainment Tax. “Service Charges” Perhaps the biggest area of remaining debate is whether or not associated fees or “service...more

NLRB Decision on Student-Athlete Unionization a Win for Colleges, But Title IX Still in Play

The National Labor Relations Board (NLRB) issued a unanimous decision on Aug. 17, 2015, dismissing a petition filed by Northwestern University scholarship football players seeking to unionize under the National Labor...more

Game of Drones: UAV Entertainment and the FAA

With unmanned aerial vehicles (UAV) (also called drones) anticipated to become a multi-billion dollar industry in a few years, many are betting that drone gaming will explode as the next big thing in competitive...more

What’s the big hoopla in the City during the dog days of summer? Can the City arrest the topless women in Times Square for...

For years, the Naked Cowboy, dressed in nothing but his underwear, hat, and boots and with a guitar has been posing with tourists in Times Square—causing barely a ripple in the news. This summer the women have joined in on...more

Strip Club Beats TCPA Case With Human Intervention

The Sapphire Gentlemen’s Club in Las Vegas sends promotional text messages to its customers. Doing so involved multiple steps. First, a Club employee inputs telephone numbers into a mobile marketing website. He does this by...more

“BRING IT ON!”: Sixth Circuit OKs Copyright Claims for Cheerleader Uniform’s Design

On August 19, 2015, the Sixth Circuit Court of Appeals issued a “V-I-C-T-O-R-Y” for the world’s largest designer and manufacturer of cheerleader uniforms in its copyright infringement lawsuit against another cheerleading gear...more

SEC Settles With Olympic Sponsor Over Potentially Corrupt Hospitality Program

A global resources company was fined $25 million for practises related to its sponsorship of the 2008 Beijing Olympics. The fine was part of a settlement agreement reached with the U.S. Securities and Exchanges Commission...more

Manatt Digital Media - August 2015

So You Want Music in Your Video: 5 Things to Remember so You Don't Get Sued - Last month we received a call from a woman who made an unassuming video of her daughter's wedding and added her favorite song as the musical...more

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