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Art, Entertainment & Sports Civil Remedies Constitutional Law

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

This Painting is My Speech, This Painting is Your Speech—Government Scores a Win in Capitol Painting Controversy

by Sullivan & Worcester on

A controversial painting removed from display at the U.S. Capitol will not be returning to display after the U.S. District Court denied a request for an injunction before the exhibition in question came to an end. While the...more

Copyright and Trademark Case Review: John Madden Football, Rhett Butler and the Commerce Clause

by WilmerHale on

Copyright Opinions - Absence of Source Code for Video Games Results in JMOL of Non-Infringement: Antonick v. Electronic Arts, Inc., No. 14-15298 (9th Cir. Nov. 22, 2016). Hurwitz, J. In a suit for royalties on EA's...more

Hulk-Sized Damages in Sex Tape Privacy and Publicity Case

by Dorsey & Whitney LLP on

In 2006, Terry Gene Bollea, better known as “Hulk Hogan,” had sex with his best friend’s wife, Heather Clem. Apparently unbeknownst to either of them, his best friend Todd Alan Clem, now legally known as “Bubba the Love...more

“Desert Warrior” Vanquished: Google Defeats Cindy Lee Garcia’s Copyright Claims

by Weintraub Tobin on

Cindy Lee Garcia thought she was playing a bit part in “Desert Warrior,” an adventure film being made by an amateur film maker. The film was never completed. Instead, Ms. Garcia’s performance was re-purposed, and her physical...more

California Jury Finds “Blurred Lines” Infringed “Got to Give It Up”: Society’s Mixed Signals on Copying and Intellectual Property...

by Wilson Elser on

On Tuesday, March 10, 2015, a California federal jury returned a verdict finding that Robin Thicke and Pharell Williams had copied Marvin Gaye’s 1977 song “Got to Give It Up” when writing Thicke’s 2013 hit, “Blurred Lines.”...more

UK: Freedom of Speech - Unnamed artist to appeal publishing injunction in the Supreme Court

by DLA Piper on

On 9 December a well-known British performing artist was granted permission to take his case to the Supreme Court, where he will appeal the Court of Appeal’s decision in OPO v MLA & STL, reported here in October 2014....more

Midwest Gaming Win Reinforces Division Between Police and Taxing Powers

by Reed Smith on

In United States v. Doremus, 249 U.S. 86 (1919) the Supreme Court held that a tax law “may not be declared unconstitutional, because its effect may be to accomplish another purpose as well as the raising of revenue.” That...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

Musicians in the theatre production ‘War Horse’ lose their legal bid

by DLA Piper on

Musicians employed by the National Theatre in its production of War Horse at the New London Theatre have been refused their application for an interim injunction, or alternatively specific performance, to require the National...more

World IP Day “Movie – A Global Passion” / Fair compensation for authors of movies

by DLA Piper on

Next 26 April – as every year – the World Intellectual Property Organization (WIPO) celebrates the World IP Day. 26 April is the day on which the WIPO Convention came into force in 1970 and it has become an opportunity for...more

Tarantino’s “Hateful” Revenge: Director Pursues Copyright Claim Over Hyperlink To Leaked Script

Quentin Tarantino probably wasn’t offended when the Hollywood gossip website Defamer, owned by Gawker Media LLC, compared him to a petulant child and accused him of throwing a “temper tantrum.” After all, the colorful...more

Ninth Circuit Recognizes Copyright Interest in Actor’s Performance in Response to Fatwa to Justify Takedown of Video

The Ninth Circuit became the first federal appellate court to hold that an actor has a copyright interest in her performance, holding that a district court abused its discretion in denying a motion for preliminary...more

Parameters of CDA Immunity Being Tested by Appeals Court in Jones v. Dirty World Entertainment

by Ifrah PLLC on

The U.S. Court of Appeals for the Sixth Circuit is currently hearing an appeal of a district court decision, which if upheld would have enormous ramifications for freedom of speech and the online service provider safe harbor...more

Sweden: The Swedish Gambling Authority takes action against links to foreign based online gambling operators

by DLA Piper on

The Swedish Gambling Authority has issued injunctions under the penalty of a fine of SEK 45,000 per day against the Swedish newspapers Aftonbladet and Expressen, claiming that the newspapers’ links to foreign based gambling...more

Divided Appeals Court Overturns N.J. Sports Betting Law: Is Supreme Court Next Stop?

by Ifrah PLLC on

Today the U.S. Court of Appeals for the Third Circuit affirmed a district court decision from New Jersey invalidating New Jersey’s sports betting law. The decision marks a setback in New Jersey’s efforts to implement sports...more

Copyright Infringement Damages Upheld in File Sharing Case

The Tenebaum copyright infringement file sharing case, about which we first reported in an earlier blog, reached another milestone this week when the First Circuit upheld the jury’s $675, 000 damages award. Tenenbaum had been...more

Va. Court Declines to Decide Status of Poker Under State’s Gambling Law

by Ifrah PLLC on

On February 28, 2013, the Virginia Supreme Court issued an opinion in which it declined to address the legality of playing poker in the state but left open the possibility for the issue to be decided in a future case. ...more

Will the Supreme Court Review Copyright Damages in Music Downloading Case?

Like Joel Tenenbaum, who has been discussed in prior entries in this blog, Jammie Thomas-Rasset has conducted a long-running battle with the recording industry over how much damages she should pay for her downloading...more

Update: $675,000 Jury Verdict Against Music File-Sharer Upheld

As previously discussed on this blog, last year the First Circuit held that the jury verdict for $675,000 in statutory damages against graduate student and file sharer Joel Tenenbaum should not have been reduced to $67,500 by...more

Nat'l Collegiate Athletic Ass'n, et al. vs. Christie, Governor of New Jersey, et al.

Complaint for Declaratory & Injunctive ReliefNew Jersey

by Joseph Bahgat on

The NCAA, NBA, NFL, NHL, and MLB have all filed suit against NJ Governor Chris Christie, alleging that New Jersey's law that opens the door to sports betting is preempted by federal law. ...more

Three Point Shot - June 2012

by Proskauer Rose LLP on

In This Issue: - Floyd Mayweather, Jr. Says “Yep” to Copyright Infringement Suit...1 - Former Gold Medalist Can’t Clear Olympic Ad Hurdle...2 - Delay of Game in Former Coach’s NCAA Lawsuit...3...more

Warner Bros. Dropkicks Louis Vuitton’s Lawsuit Over The Hangover: Part II

Louis Vuitton has been busy practicing all kinds of legal kung fu in court lately. First, it unleashed a Chuck Norris-like flurry of legal roundhouse kicks to the dome upon hundreds of counterfeiters in the form of...more

My Fellow Californians - Our Long National Nightmare is Over

In the same era Gerald Ford advised his fellow Americans that “our long national nightmare is over,” as he succeeded Richard Nixon as president, the California Legislation enacted the sloppily-drafted California Resale...more

Jackson Walker VIA Media postcard - April 2012

by Jackson Walker on

In This Issue: - Paul Watler's Perspective A Million to None in Texas Defamation Rulings — The same red-flag words may yield vastly different results in defamation litigation. Two recent Texas rulings serve as...more

Three Point Shot -- Novemberr 2011

by Proskauer Rose LLP on

IN THIS ISSUE: - Tennis Umpires Serve Up Lawsuit against USTA - Ultimate Fighting – It's Like "Swan Lake" – How Come You Can't SEE That? - We Are Reliably Informed...more

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