Art, Entertainment & Sports General Business

Read need-to-know updates, commentary, and analysis on Art, Entertainment & Sports issues written by leading professionals.
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The Value of Terms Limits: YouTube’s Broadly Defined TOS Does the Trick

Frequent readers of our blog will recall that in prior posts on companies such as Uber, Ashley Madison and Twitter, we have stressed the importance of having a robust terms of service (TOS) agreement. In many instances, TOS,...more

He’s got 99 Problems, But a Breach Might Be One

In the wake of 2016, Jay-Z faces an $18 million lawsuit for his failure to publicly appear and promote his signature fragrance line, as he was contractually obligated. 2009 marked the start of a budding licensing relationship...more

NHL Scores Big on Attorneys' Fees Against Nondebtors

Last fall, the National Hockey League (NHL) enjoyed a big off-ice victory when the U.S. District Court for the District of Arizona found that it was entitled to recover from Jerry and Vickie Moyes and the Jerry and Vickie...more

News of Note for the Internet-Minded – 2/5/16

Augmented reality goes to the Superbowl; Cisco commits to the Internet of Things with a billion-dollar embrace (even as IBM belatedly embraces the cloud); the staying power of the sharing economy is questioned; and more…...more

Bankruptcy Trumps Collective Bargaining Agreement

A federal court recently ruled that the Bankruptcy Code (the “Code”) permits an employer to escape their expired collective bargaining agreement obligations under certain circumstances. In the matter of In re Trump...more

Gilkyson v Disney Enterprises, Inc. - Calif. Appeal Court, 2nd App. District, Div. 7, January 27, 2016

Appellate court finds that claim for breach of contract for contractual royalties brought against Disney by heirs of Terry Gilkyson, songwriter for “The Jungle Book” film, are not time-barred, based on application of...more

Hammerin’ Hank and Technological Fraud in Cycling

On this day in 1934, Hammerin’ Hank Aaron was born; who for my money is the greatest home run hitter ever. He began his professional baseball career in 1952 in the Negro League but soon joined the Milwaukee Braves of the...more

Global Anti-Bribery Year-in-Review: 2015 Developments and Predictions for 2016

I. Introduction: Enforcement Trends and Priorities - Among other significant developments, 2015 saw the U.S. Department of Justice (the “DOJ” or the “Department”) document a policy priority of holding individuals...more

Criminal or Civil Liability for Sharing Streaming Accounts?

We are at the beginning of a new era of media consumption. Traditional content delivery systems such as satellite and cable television are hemorrhaging customers to a wave of “cord cutting” that has been facilitated by the...more

Take It Easy – Ruminations on Corruption Scandals in International Sports

As I end my week’s exploration of the intersection of bribery and corruption in international sports, I have also ended a week of solid listening to The Eagles 1970s studio albums. In honor of Glenn Frey, I will also end this...more

2016 Trends #5: The Wide World of Sports

If 2016 is anything like last year, we can count on the world of sports to provide a variety of fodder for ethics and compliance discussions. Sports scandals now rival political and business ethics scandals as the...more

Alleged Bribes In Tennis – Why Reporting of Unethical Conduct is Critical

I continue my exploration of bribery and corruption in sports. Today we leave the world of track and field and enter the gentile realm of tennis where there have been recent reports of match fixing and attempted bribery....more

MLB Computer Hacking Scandal – The Intersection of Compliance and Cyber Security

Sorry but I have to begin this blog post with a short prescript on the passing of Glenn Frey. The Eagles were such a huge part of my teenage and college years that I am compelled to write about Glenn Frey and the band he...more

The IAAF – Corruption and Blackmail in Track and Field

I am back from a lovely week in Venice, with my new Matt Kelly imposed nickname of ‘FCPA-nerd’. One thing is certain when you go on vacation, the world of international bribery and corruption will continue unabated. Last week...more

Bulletin: Information Request from SAG-AFTRA

We understand that some signatories to the Commercials Contracts received an information request from the Union. The JPC has discussed the request with the Union. It is our understanding that these requests are being sent...more

Pandora Enters Into License Agreements With ASCAP and BMI

Following the Copyright Royalty Board’s ruling to raise Pandora’s royalty rates, last week Pandora announced new licensing agreements with the country’s two largest performing-rights societies, Broadcast Music Inc. and the...more

Sporting Fashion: An Evolution from the Hardwood to the Runway

During the 1989 MLB All-Star Game, the world was left in blissful wonderment over the most memorable sports campaign ever produced. The “Bo Knows” campaign became the paradigm of sports marketing, catapulting Nike into...more

Marathon Structured Finance Fund, LP v. Paramount Pictures Corp. - USCA, Second Circuit, December 14, 2015

Second Circuit affirms dismissal of fraud claims against Paramount Pictures, finding that defendant has always used wide mix of co-financing strategies in release of its motion pictures, and plaintiffs, who are sophisticated...more

Have Yourself a Merry 12 Days of SWIFTMAS

Even amid the December hustle and bustle of the holidays, my mind is never very far from trademark and patent issues – especially when getting Christmas songs stuck in my head while shopping for friends and family. I’m prone...more

Merry Christmas! Rights to “Santa Claus’ Is Comin’ to Town” Return to Songwriter’s - Baldwin v. EMI Feist Catalog, Inc.

Baldwin v. EMI Feist Catalog, Inc.Addressing issues of copyright ownership and the effectiveness of copyright termination notices, the U.S. Court of Appeals for the Second Circuit reversed the district court’s summary...more

2016 New Mexico Political Outlook

The 2016 New Mexico Political Outlook provides a basic overview of what clients can expect from the upcoming New Mexico legislative session. Republicans won control of the New Mexico House of Representatives in the election...more

Creative Commons Works: Free to License, But Not Necessarily Free to Use

Companies love to use third-party content for free. In this era of belt-tightening and slashed marketing budgets, why pay to create photos and videos for advertising and other commercial uses when compelling photos and videos...more

Bulletin: AFTRA Retirement Fund Sending Information Request to JPC Members on Significant Drop in Pension Contributions

To address what it perceives as significant underfunding in its pension plan, the AFTRA Retirement Fund is actively sending information requests to Joint Policy Committee signatories whose contributions have declined over a...more

Structural Compliance and Cultural Ethical Change in an Organization

Sometimes corruption is so endemic in an organization that you wonder if the organization should just blow itself up and start over. In a company going through a Foreign Corrupt Practices Act (FCPA) investigation, a Board of...more

Arkansas Football and Non-Competes?

Three years ago, we addressed the question of why college football programs do not use non-compete restrictions to prevent coaches from moving to direct rivals. At the time, we mentioned the fact that Arkansas was a program...more

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