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Art, Entertainment & Sports Civil Procedure Conflict of Laws

Read need-to-know updates, commentary, and analysis on Art, Entertainment & Sports issues written by leading professionals.

Important Open Source Ruling Confirms Enforceability of Dual-Licensing and Breach of GPL for Failing to Distribute Source Code

A recent federal district court decision denied a motion to dismiss a complaint brought by Artifex Software Inc. (“Artifex”) for breach of contract and copyright infringement claims against Defendant Hancom, Inc. based on...more

Sea Change in Nazi-looted Art Claims? The HEAR Act is Put Into Action

by Sullivan & Worcester on

Two pending cases have invoked the new law - A recent article in the New York Times highlights the change that the recent passage of the Holocaust Expropriated Art Recovery (HEAR) Act of 2016 has had on disputes about...more

New York Court of Appeals Says No Common Law Public Performance Right For Pre-1972 Sound Recordings

On December 20, 2016, the New York Court of Appeals, the highest court in the state, held that no common law public performance right exists for pre-1972 sound recordings. The issue of whether a common law public performance...more

Three Blockbuster Summer Arbitration Decisions

While regular people count down the days to summer blockbusters that come in the form of high-paid actors fighting aliens or robots, I prefer my summer blockbusters in the form of arbitration opinions that have been months in...more

California District Court Puts Baby In A Corner

by Ladas & Parry LLP on

In the United States, federal laws take precedence over state law and common law causes of action where there is an overlap. This lesson was recently learned again in Lions Gate Entertainment Inc v TD Ameritrade Services...more

‘The Autumn Wind’ and the Right of Publicity

by Jackson Walker on

As a child of the 60’s and 70’s and an insatiable NFL football fan, I can still hear the swaggering voice of narrator John Facenda in the now-iconic 1974 NFL Films production “The Autumn Wind,” which has been dubbed The...more

The Right of Publicity: How Much Control Do NFL Players Have Over Their Names?

by Sullivan & Worcester on

How much control should athletes have over their names? Not an unlimited amount, according to one recent court ruling. Late last month, in Dryer v. National Football League, the Eighth Circuit denied an appeal by three...more

Central District of California Holds That the California Resale Royalty Act Is Preempted by Federal Copyright Law

by BakerHostetler on

As previously discussed on this blog, the validity of the California Resale Royalty Act (the “RRA,” Civil Code Section 986), a 1976 law that requires resellers of fine art to pay a royalty of 5 percent to the artists behind...more

California Resale Royalty Act Claims Dismissed as Preempted by Copyright Law, Despite 1980 Ninth Circuit Holding to the Contrary

by Sullivan & Worcester on

Just three months after the Supreme Court denied certiorari review of last year’s Ninth Circuit decision finding California’s Resale Royalty Act unconstitutional under the Dormant Commerce Clause in part—but also valid in...more

NFL Players’ Right of Publicity Claims Denied - J. F. Dryer et al. v. The National Football League

by McDermott Will & Emery on

The US Court of Appeals for the Eighth Circuit affirmed a district court summary judgment in favor of defendants, denying plaintiffs’ publicity rights claims in footage and interviews made by the defendants and finding that...more

Intellectual Property and Technology: Players’ Hail Mary Pass Incomplete: Copyright Trumps Right of Publicity in NFL Dispute...

Last month, the U.S. Court of Appeals for the Eighth Circuit stopped three former NFL players at the goal line when it rejected the players’ appeal in their likeness lawsuit against the NFL. The three former players,...more

Former NFL Players’ Right of Publicity Claims Get Sidelined—Will We Hear From The Replay Officials?   

by Dorsey & Whitney LLP on

In Dryer v. The National Football League, three former gridiron gladiators who played in the NFL had their claims for right of publicity under state law tossed out by the Eighth Circuit Court of Appeals. These three players...more

Litigation Alert: 8th Circuit Clarifies Reach of Copyright Act in Preempting Right of Publicity Claims

by Fenwick & West LLP on

8th Circuit affirms summary judgment in favor of NFL on former NFL players’ right of publicity claim, finding the claim to be preempted by the Copyright Act. Courts around the country have long struggled to define and...more

State Law Claims Suffer “Awfully Big Adventure”: New York Court Finds Federal Copyright Preemption in Dispute over Peter Pan...

On June 8, 2015, the New York County Supreme Court dismissed with prejudice eight of twelve state law claims brought by a producer seeking damages for the purportedly unauthorized use of his music in a world-wide production...more

Ninth Circuit Draws Fine Line Around Fine Art Resale Royalties

by BakerHostetler on

In a partial victory for artists such as Chuck Close and the Sam Francis Foundation—and for other visual artists who sold early works for rent money before establishing their name and value—the Ninth Circuit Court of Appeals...more

Second Circuit to Weigh In on Copyright Owner-Digital Broadcaster Dispute Over Pre-1972 Sound Recording Performance Rights

by Proskauer Rose LLP on

On April 15, 2015, the Second Circuit granted digital broadcaster Sirius XM Radio, Inc.'s (Sirius XM) petition for interlocutory appeal of U.S. District Judge Colleen McMahon's November 2014 ruling that New York state law...more

NFL Films Ruling Blurs Right of Publicity

Earlier this year the Seventh Circuit stated that “there is no judicial consensus on how to resolve conflicts between intellectual-property rights and free-speech rights.” Jordan v. Jewel Food Stores, Inc., 743 F.3d 509, 514...more

Supreme Court Denies Cert. in New Jersey Sports Betting Case

by Ifrah PLLC on

Today, the United States Supreme Court denied New Jersey’s petition for a writ of certiorari to hear an appeal from lower court decisions that invalidated its sports wagering law. This ends a three year fight to bring sports...more

Germany: CJEU postpones showdown on German gambling regulations

by DLA Piper on

In a decision that has long been awaited by the industry and the legislator alike, the European Court of Justice ruled today, 12 June 2014, on the question to what extent two conflicting regulatory frameworks within one...more

Third Circuit Refuses to Accept New Jersey’s Sports Bet

by Goodwin on

The Third Circuit denied New Jersey’s request that the Court rehear arguments en banc in National Collegiate Athletic Association, et al. v. Governor of New Jersey, et al. (previously chronicled in the Goodwin Gaming Blog...more

N.J. Files Brief Supporting Sports Betting Law in Key Gambling Litigation

by Ifrah PLLC on

The state of New Jersey filed its opening brief on April 29 in the U.S. Court of Appeals for the 3rd Circuit, in a case that could ultimately decide the fate of sports betting in the United States....more

NCAA, et. al. v. Christopher J. Christie, et. al. (New Jersey Sportsbetting / PAPSA Litigation)

USDOJ MEMORANDUM IN SUPPORT OF THE CONSTITUTIONALITY OF THE PROFESSIONAL AND AMATEUR SPORTS PROTECTION ACT

by Ian Imrich on

MEMORANDUM IN SUPPORT OF THE CONSTITUTIONALITY OF THE PROFESSIONAL AND AMATEUR SPORTS PROTECTION ACT [U.S. Department of Justice, Civil Division] --- [USDOJ Memo of Points & Authorities argues that PASPA is...more

Rights of Publicity: Contradictions in the Courts

The legal controversies over athletes' rights-of-publicity rage on. Two pending appellate decisions offer some hope that a rational conclusion might be in sight. The head of Manatt's Sports Law Practice Group, Ron Katz, had...more

NCAA, et. al. v. Christopher J. Christie, et. al. (New Jersey Sportsbetting / PASPA Litigation)

Order: Denying New Jersey MTD and MSJ re NCAA, NFL, NBA, et. al. Legal Standing

by Ian Imrich on

Order: [Denying New Jersey MTD and MSJ re NCAA, NFL, NBA, et. al. Legal Standing] --- "This matter comes before the Court upon Plaintiffs’ “Motion for Summary Judgment and, If Necessary to Preserve the Status Quo, a...more

NCAA, et. al. v. Christopher J. Christie, et. al. (New Jersey Sportsbetting / PASPA Litigation)

Memorandum Opinion by Judge Shipp (21 Dec 2012): Ruling in favor of NCAA and Professional Sports Leagues' Legal Standing to sue...

by Ian Imrich on

MEMORANDUM OPINION (Shipp, District Judge) re Plaintiff Legal Standing -- Denying Defendant New Jersey's Motion to Dismiss and Motion for Summary Judgement: --- "This matter comes before the Court upon several motions...more

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