Art, Entertainment & Sports Communications & Media

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Wikimedia Makes Monkey Out Of Photographer (Or Is It Vice Versa?)

Last month, Wikimedia (the operator of Wikipedia) again refused the request of British photographer David Slater to remove a picture of a monkey from the Wikimedia Commons database of publicly available photographs....more

Advertisement Tax

On 15 August 2014 a new act (Act no. 22 of 2014) entered into force in Hungary, setting out the rules of a new tax category: advertisement tax. According to the act, an advertisement is subject to the tax if it is published...more

Increase of ratio of film support

On 24 June 2014 the European Commission resolved that it does not object to an increase in indirect state support (in the form of a tax rebate), from 20% to 25%, for the production costs of films produced in Hungary. It is...more

ICO publish Data Protection Guide for the media

The Leveson Inquiry highlighted a prevailing confusion as to how data protection law applies to journalism and the media. To tackle this it was recommended that the Information Commissioner’s Office (ICO) work to prepare a...more

Status Updates - September 2014 #2

Lawsuit panned by Court. The popular ratings app Yelp has been cleared by a federal appeals court of allegations in a class action lawsuit that the company extorted advertising dollars from businesses by threatening to remove...more

Manatt Digital Media - September 2014

Welcome to Issue #1 of the Manatt Digital Media (MDM) newsletter. Initially, we will publish these monthly—and look forward to receiving your feedback, since we want this to be a conversation and bring information and...more

Status Updates - September 2014

..We can work it out. Actress Katherine Heigl and the Duane Reade chain of drugstores have settled a $6 million federal suit filed by Heigl this past April in the U.S. District Court for the Southern District of New York. ...more

Sports, Media and Entertainment Intelligence - September 2014 (Global)

FIFA rejects FC Barcelona appeal against transfer ban - The FIFA Appeal Committee has rejected FC Barcelona's appeal against its decision to impose a year-long transfer ban and significant fines against the club for...more

The Next Time Your Pet Takes a Selfie...

It has been two years since British nature photographer David Slater first asked Wikimedia Commons to remove several photos of a crested black macaque from its online collection of public domain images. Slater claimed to own...more

Australia: Policy tensions crystallise in NSW Impact of Gambling report and former premier’s comments

On 14 August 2014, the New South Wales Legislative Council’s Select Committee on the Impact of Gambling presented its report to the New South Wales Government (available here). The report is the product of an extensive public...more

Stacy Allen Speaks: Video Game Makers Strike Out In College Athlete Cases – Coaching Tips For The Virtual World

Over the past several years, I have written about a series of decisions in suits brought by former collegiate athletes against EA Sports and the NCAA, seeking compensation for the use of their likenesses and those of...more

Markit to Market - August 2014

The August issue of Sterne Kessler's MarkIt to MarketTM newsletter is all about monkey business, including an analysis of the copyright debate between British photographer David Slater and Wikimedia Commons over "selfies"...more

How far can companies leverage the name and image of celebrities when promoting their brand?

It is common to see celebrities, which have captivated the public for decades, photographed using a company product or wearing a branded garment. Using such photos for promoting a company’s brand can be problematic especially...more

#Monkey-Selfie

The dispute between Wikipedia and the British photographer David Slater recently reported in various news outlets is not new. It is actually the continuation of a dispute that began in July 2011 between the UK based Caters...more

Status Updates - August 2014 #12

..What’s not to like? The National Labor Relations Board has ruled that an employee’s Facebook “like” approving of another employee’s statements about their employer may constitute “concerted activity” under federal labor...more

Washington Redskins Challenge the Constitutionality of Section 2(a) of the Lanham Act

The Washington Redskins trademark controversy is far from over. Despite the fact that certain news and sports commentators and mainstream newspapers and organizations have announced that they will no longer use the term...more

Blue 42. Set. Trademark! I mean, Hike!

Can you feel it? All around the country, fields are being groomed, stenciled, and painted. Tonight, the college football season begins with Georgia State taking on Abilene Christian in what could be a preview of one of...more

Supreme Court Decision Threatens Internet Television, But There Is Hope

When Congress last completely overhauled the Copyright Act in 1976, disco topped the charts, Charlie’s Angels was making its television debut, and fax machines were revolutionizing how people communicated. But it was this...more

Cheeky Monkey: Wikipedia claims copyright comes down to the press of a button

In my childhood, come summer, the UK Parliament would go into recess, and because that seemed to signal the end of lots of newsworthy items—political scandals, Government and opposition taunting each other, etc.—the period...more

Fortres Grand Corp. v. Warner Bros. Entertainment Inc.

Fortres Grand Corp. v. Warner Bros. Entertainment Inc. - USCA, Seventh Circuit, August 14, 2014 - Seventh Circuit affirms district court’s dismissal of software company’s reverse-confusion trademark suit, where...more

TTAB’s Washington Redskins Decision: the Enforceability and Commercial Impact of Cancelled Trademarks

The cancellation of a U.S. trademark registration on any grounds, including disparagement, does not always mean the end of enforceable rights in the mark. However, cancellation may create both legal and financial...more

In The New Landscape of TCPA Litigation, No Industry Is Safe

In recent years, the number of private actions filed under the Telephone Consumer Protection Act (the “TCPA” or the “Act”) has risen sharply, but perhaps more concerning is that litigants are using the Act to target an...more

Australia: Money for nothing and bets for free – ACCC files legal proceedings against Bet365

The Australian Competition and Consumer Commission (ACCC) has filed proceedings in the Federal Court alleging that the advertising campaign conducted by companies within the Bet365 Group (Bet365) which offered ‘free bets’ and...more

Video Recordings Act 1984 (Exempted Video Works) Regulations 2014

The Department for Culture, Media & Sport has published regulations (“Regulations”) that amend the Video Recordings Act 1984 (“Act”)....more

Do I Need to Dress Up My Fashion Line in a “Trade Dress?”

What is a trade dress? Is this a new fashion trend that Miley Cyrus or Rihanna started? Not exactly. Trade dress law is a subset of trademark law that originally included only the packaging or “dressing” of a...more

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