Art, Entertainment & Sports Civil Remedies

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NCAA Settles Concussion Class Action Lawsuit

On July 29, 2014, the NCAA and representatives of college athletes announced an agreement to settle a concussion class action lawsuit that came on the heels of a similar lawsuit against the NFL. The settlement will need to...more

Capitol Records, LLC v. Pandora Media, Inc.: Future of Digital Music May Depend on State Copyright Protection of Pre-1972 Sound...

Pandora Media, Inc., (“Pandora”), with over 250 million registered users and over 70% of the market share of Internet radio, is known as a leader in the digital music industry. In 2013 alone, Pandora streamed 16.7 billion...more

Philadelphia Entertainment and Development Partners LP Wins Chapter 11 Plan Approval

U.S. Bankruptcy Judge Madeline Coleman approved a modified Chapter 11 Bankruptcy Plan for Philadelphia Entertainment and Development Partners, L.P (“Philadelphia Entertainment”) on Monday, July 28, 2014. ...more

Agence France Presse v. Morel

Agence France Presse v. Morel - USDC, S.D. New York, August 13, 2014 - District court upholds jury’s award of maximum statutory copyright damages of $1.2 million, plus $20,000 in DMCA damages, finding sufficient...more

Funkadelic Master Sound Recordings Can Be Involuntarily Transferred to a Court-Appointed Receiver to Satisfy Judgment

Hendricks & Lewis PLLC v. Clinton - Addressing the issue of whether a lower court abused its discretion by appointing a receiver and authorizing the sale of master sound recordings to satisfy monetary judgments, the...more

Judge Rules NCAA Ban on Student-Athlete Compensation Violates Antitrust Law

On Friday, August 8, 2014, the Northern District of California determined that the National Collegiate Athletic Association’s (NCAA’s) rules banning student-athletes for being compensated for the use of their names, images...more

Klinger v. Conan Doyle Estate, Ltd. - USCA, Seventh Circuit, August 4, 2014

Klinger v. Conan Doyle Estate, Ltd. - USCA, Seventh Circuit, August 4, 2014: Seventh Circuit grants plaintiff’s motion for attorneys’ fees incurred on appeal under Copyright Act, finding that plaintiff would have...more

Court Rules Against NCAA in O’Bannon Case

The United States District Court for the Northern District of California issued its highly anticipated decision in the Ed O’Bannon case on August 8, 2014. The Court ruled in favor of the plaintiffs, a class consisting of...more

NCAA Cannot Bar Compensation of Student-Athletes for Use of Their Names and Likenesses, Federal Court Says

A recent California federal court decision has further lifted the thumb on the scales that has historically benefited collegiate athletics in weighing whether their association rules violate the federal antitrust laws. ...more

Judge Posner, I Presume

Over the past several months, Judge Posner and the Seventh Circuit has handed a couple of rare, but well-deserved wins to the public domain. On June 16, 2014, the Court issued an opinion holding that the primary characters...more

CBS Broadcasting Inc. v. FilmOn.com, Inc.

CBS Broadcasting Inc. v. FilmOn.com, Inc. - USDC, S.D.N.Y., July 24, 2014: District court issues second contempt finding against unauthorized content redistributor FilmOn.com, finding that FilmOn.com violated...more

Copyright Infringement

I. INTRODUCTION A. Scope. This paper addresses practical aspects of a typical copyright infringement case, a deceptively simple subject. Plaintiff introduces its copyright registration, proves defendant copied...more

You’re Getting Sued for What? An E & O Odyssey (Pt 13)

As reported by the National Post, a Montreal-based artist is suing the producer and broadcaster of the television series 30 Vies – on the basis that footage of a graffiti tag on a building which is incorporated into the...more

Are “Concurrent Damages” A Good Idea For Copyright Law?

About a year ago, we wrote about the final chapter in the copyright saga of Joel Tenenbaum, the Boston University student who was found liable for copyright infringement by a District of Massachusetts jury, based on his...more

Garcia v. Google, Inc.

Garcia v. Google, Inc. - USCA, Ninth Circuit, July 11, 2014: Ninth Circuit amends earlier opinion in which it reversed district court’s denial of injunction requiring removal from YouTube.com of anti-Islamic video,...more

Curtis v. Illumination Arts, Inc.

Curtis v. Illumination Arts, Inc. - USDC, W.D. Wa., July 17, 2014 - District court grants default judgment in copyright action and awards $50,000 in statutory damages against defendant publishers per book...more

Australia: Official supplier of statistics to the NRL fails to obtain interlocutory injunction for breach of its intellectual...

On 8 May 2014, Sports Data Pty Ltd (Sports Data), NRL’s previous official supplier of statistics, filed an interlocutory applications against Prozone Sports Australia Pty Ltd (Prozone), the new supplier of statistics to the...more

Copyright Litigation and the Risk of Double Costs

An American photojournalist, Ms. Leuthold, was on the scene in New York City on September 11, 2001. She licensed a number of still photographs to the CBC for use in a documentary about the 9/11 attacks. The photos were...more

Protecting High Profile Reputations - Brownstein's $19 Million Verdict Stands After Appeal

In the modern age of the Internet where “news”—whether or not it’s true—spreads worldwide in an instant, high-profile corporate and individual reputations are under attack every day from business adversaries, disgruntled...more

IP Newsflash - June 2014 #4

George Clinton to Pay His Lawyers in Song - In a 9th Circuit opinion, the panel upheld a district court opinion which assigned four of Clinton’s sound recording copyrights to a receiver to satisfy judgments rendered...more

Supreme Court Rules That Aereo’s TV Transmissions Infringe Copyrights as an Illegal Public Performance

In a 6-3 decision earlier today, the United States Supreme Court held that Aereo infringes broadcasters’ copyrights by providing the means for subscribers to view programs through individually-assigned antennas at about the...more

Copyright Alert: ABC v. Aereo: What the Supreme Court Decided - And What It Did Not

On June 25, 2014, a 6-3 majority of the Supreme Court held that Aereo’s service that allows customers to view over-the-air TV broadcasts via the internet violated the public performance right under the Copyright Act. Applying...more

Three Questions for the Third Week of the O’Bannon v. NCAA Trial

As the O’Bannon v. NCAA trial enters its third week, commentators are already predicting the fall of the “college sports cartel.” In the case, a group of about 20 current and former college men’s basketball and football...more

Redskins’ trademark decision ushers in more questions - Cancellation of trademark registration may not have impact some believe

The Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office (USPTO) most likely knew it was going to generate headlines Wednesday when it issued a monumental decision to cancel six registrations of the...more

Supreme Court Knocks Out Laches as Equitable Defense to "Raging Bull" Suit

In Petrella v. Metro-Goldwyn-Mayer, Inc., No. 12-1315 (May 19, 2014), the Supreme Court of the United States found the equitable defense of laches does not apply to a copyright infringement claim. In a 6-3 decision, the...more

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