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Art, Entertainment & Sports Civil Procedure

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

Judge Agrees – YouTube Mockery Protected By Fair Use

by Reed Smith on

Readers may be aware of YouTube celebrity couple Ethan and Hila Klein, better known by their social media moniker @h3h3productions. They rose to Internet fame producing comedic “reaction” videos that ridicule and comment upon...more

False Start On The Offense - Why the 5th Circuit Flagged the NFLPA for Illegal Procedure in the Ezekiel Elliott Case

by Miller Canfield on

After further review, the ruling of a Texas district court was overturned by the 5th Circuit Court of Appeals on Oct. 12, 2017, with the Court of Appeals vacating an injunction order that kept Dallas Cowboys running back...more

Unnecessary Roughness: Coaches, Concussions And The Constitution In Mann V. Palmerton Area School District

A recent decision by the United States Court of Appeals for the Third Circuit may have coaches checking with their lawyer before deciding whether to allow an injured player to go back into a game or practice. In an alarming...more

California Court Unfriends Rapper’s ROP Claims

by McDermott Will & Emery on

The Court of Appeals for the State of California upheld a trial court decision granting defendant’s motion to strike under California’s anti-SLAPP statute but remanded the position denying defendant’s motion to strike the...more

Court Pens New Chapter In Milo Yiannopoulos’ Suit Against Simon & Schuster

by Fox Rothschild LLP on

After the outspoken conservative commentator Milo Yiannopoulos sued Simon & Schuster this summer for allegedly breaching their contract to publish his autobiography Dangerous, Simon & Schuster threw the book at Yiannopoulos...more

“Uptown Funk” Facing Copyright Allegation by 80s Funk Band

by Robins Kaplan LLP on

Same song, different lawsuit. Music producer Mark Ronson is battling another lawsuit over his hit single, “Uptown Funk,” this time, accusing him of using elements of Zapp & Roger’s (“Zapp”) 1980 funk track, “More Bounce to...more

Fair use is never simple

by Thompson Coburn LLP on

To secure evidence for an anticipated lawsuit against TV host Dr. Phil McGraw, a producer for the show, Leah Rothman, recorded nine seconds of the show’s unaired archive footage onto her cellphone....more

The Grinch loses and protection of parody wins

by Thompson Coburn LLP on

Someone once said make sure your words are sweet as you may have to eat them. In the attached decision, the Judge finds the play "Who’s Holiday" is a parody entitled to fair use. He grants Plaintiffs’ motion for judgment on...more

Monkey See, Monkey Do… Monkey Own? The Curious Case of Naruto v. Slater

by Hogan Lovells on

When wildlife photographer David Slater set up his camera in the rainforests of Indonesia, he hardly expected to ignite a copyright battle with a monkey. Nonetheless, the legal dispute between Slater and Naruto, a crested...more

Dr. Phil and His Texas-Sized Copyright Victory in the Lone Star State: Is This “EDTX 2.0” After TC Heartland?

by Dorsey & Whitney LLP on

And just like that, it was over. The U.S. Supreme Court’s decision in TC Heartland v. Kraft Foods Group sun-setted the reign of the U.S. District Court for the Eastern District of Texas as the country’s busiest (and arguably,...more

Dr. Phil Serves Bitter Pill To Woman Who Stole Nine Seconds Of Footage

by Fox Rothschild LLP on

Television host and psychologist Dr. Phil McGraw got just what the doctor ordered when a district court in Texas awarded summary judgment on Dr. Phil’s copyright claim against the woman who sued him in 2015 for alleged false...more

Commercial Division Reprimands Lawyer for Misconduct in Deposition

On August 25, 2017, Justice Shirley Werner Kornreich of the New York Commercial Division entered an order reprimanding a high-profile lawyer, Mark Geragos, for misconduct during a deposition, including refusing to answer...more

Got Game? Privacy Exclusion Results in Denial of Coverage in L.A. Lakers TCPA Suit

An insurance policy exclusion for invasion of privacy claims precludes coverage for the L.A. Lakers in a Telephone Consumer Protection Act (TCPA) suit, according to a divided panel ruling by the US Court of Appeals for the...more

Red Wings vs Right Wings: Copyright Tarnishment and Other Lessons

by Revision Legal on

We wrote recently about our outrage at white nationalists modifying and using the Detroit Red Wing’s famous “winged wheel” logo. Our outrage continues and we take a closer look at the potential lawsuit that might be in order....more

Ninth Circuit Finds No Coverage for TCPA Claim Under D&O Policy Per Privacy Exclusion

by Sedgwick LLP on

On August 23, the Ninth Circuit Court of Appeals affirmed a decision by Judge Molly M. Gee of the United States District Court for the Central District of California holding that the Los Angeles Lakers were not entitled to...more

Coming Into Focus: Recent Decisions Help Define the Scope of Right of Publicity Claims

by Jackson Walker on

When it comes to the right of publicity, it helps to keep tabs on California law. The right to prevent the unauthorized commercial use of a person’s name, likeness or other indicia of identity may vary from state-to-state....more

Former Band Member Sues The Roots

by Brooks Pierce on

Frank “Knuckles” Walker, a musician and percussionist best known as a former member of the band The Roots, recently filed a lawsuit against his former band members and others. A copy of the complaint is available here....more

Is 2 seconds of television time too much to be a fair use?

by Thompson Coburn LLP on

In a recent episode of "48 Hours," CBS displayed – for two seconds – a copyrighted photograph taken by Steven Hirsch. He sued for copyright infringement. A federal court in Manhattan denied CBS’s motion to dismiss, finding...more

Game Over for Nestlé? Atari Sues Over “Breakout” Kit-Kat Ads

For most of us, video games and candy go together perfectly, but that doesn’t mean they always get along. In fact, last week the “original” video game company, Atari Interactive, sued food and candy behemoth Nestlé in...more

AD-ttorneys@law

by BakerHostetler on

“Iron Mike” Tyson is a controversial sports figure who seems in equal parts loved and loathed by the public. Celebrated for a genuine world-class talent and derided for his behavior in and out of the ring, Tyson has a public...more

Plaintiff in Gridiron Battle Over Place of Expert Testimony in Software Copyright Claim Requests Supreme Court to Be Referee

by Dorsey & Whitney LLP on

The software engineer who first coded the popular “John Madden Football” (now Madden NFL) computer video game has asked the U.S. Supreme Court to allow expert witness testimony to support his software copyright claim, over 25...more

Court Vacates Arbitration Award Due To Evident Partiality Of Panel, But Parties Must Re-Arbitrate Matter Before Same Arbitral...

by Carlton Fields on

In a dispute between the Washington Nationals, the Baltimore Orioles, and affiliated parties regarding the value of broadcasting rights for Nationals games, an appellate court has affirmed a trial court order vacating an...more

Update: Court finds transformative nature of alleged infringing work can’t be decided by side-by-side comparison

by Thompson Coburn LLP on

Adding an Instagram border and a few “gobbledygook” notations to an original photograph is not transformative as a matter of law. In an update to our post on a case filed last year, a federal court in New York recently denied...more

Trademark Infringement and Unfair Competition Action

by Dickinson Wright on

On behalf of the nationally well-known professional boxing promoter, New Jersey Sports Productions, d/b/a Main Events, Samuel Littlepage (Member, Washington, D.C.) and Melissa Alcantara (Member, Washington, D.C.) have filed a...more

Key SCOTUS Decisions in Tech – First Half 2017

by Fenwick & West LLP on

Despite being short one justice for much of the year, the U.S. Supreme Court handed down multiple significant decisions this past term that can unsettle long-standing legal understandings in multiple technology fields. These...more

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