Art, Entertainment & Sports International Trade

Read need-to-know updates, commentary, and analysis on Art, Entertainment & Sports issues written by leading professionals.
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Star Athletica v. Varsity Brands, Inc. Copyright Case

Seyfarth Synopsis: On March 22, 2017, the United States Supreme Court issued its opinion in the Star Athletica v. Varsity Brands, Inc. case, affirming and holding that “a feature incorporated into the design of a ...more

Chinese Foreign Investments in Hollywood

After a record-breaking 2016 for Chinese companies’ investments in the film industry, changes to Chinese foreign investment policy have created uncertainty for the future of Hollywood’s relationship with the Middle...more

Curiouser and Curiouser: Copyrights and Trademark Rights are Not Perfect Reflections

Much like the world of Underland created in Lewis Carroll’s book Alice Through the Looking Glass, the blurring between copyright and trademark rights can create a topsy-turvy universe....more

Trump EO Biometric Entry-Exit Section Raises Concerns of Lawmakers over Costs, Logistics

Members of Congress from states bordering Canada, the Northern Border Caucus, have focused on a section of President Donald Trump’s “Protecting the Nation from Foreign Terrorist Entry into the United States” Executive Order...more

Sea Change in Nazi-looted Art Claims? The HEAR Act is Put Into Action

Two pending cases have invoked the new law - A recent article in the New York Times highlights the change that the recent passage of the Holocaust Expropriated Art Recovery (HEAR) Act of 2016 has had on disputes about...more

The Designer Formerly Known As…Intellectual Property Issues Arising From Personal Names As Fashion Brands

Kate Spade, Paul Frank, Joseph Abboud, Catherine Malandrino, and Karen Millen—aside from being well-known designers, all have something else in common; they no longer own the right to use their personal names as their brands....more

Human Rights and Global Supply Chains

Fashion retailers need to be vigilant to prevent human rights abuses in their supply chains whilst complying with their legal obligations. The UK’s Parliamentary Joint Committee on Human Rights is investigating human...more

2016 Year in Review: Money Laundering (Part One)

2016 was a busy year for developments in Anti-Money Laundering (AML), the Bank Secrecy Act (BSA), the criminal money laundering statutes, forfeiture, and related issues. In part one of our year-in-review, we discuss six key...more

Recap and Analysis: Responsible Art Market Initiative Launched in Geneva

I was pleased to attend last week in Geneva “Building an Art Market for the Future—Guidelines for Countering Money Laundering and Terrorist Financing Threats” hosted by the Fondation pour le Droit d’Art (Art Law Foundation)...more

Congress Amends FSIA to Protect Art and Cultural Exchanges

Introduction - On December 16, 2016, President Obama signed into law the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (FCEJICA). The bill, which extends sovereign immunity to foreign states that...more

Charles Dickens And Copyright Law: Five Things You Should Know

One hundred and seventy five years ago, on January 22, 1842, Charles Dickens first set foot in America, specifically in Boston, after a twenty day steamship voyage from Liverpool. Dickens, only a few days shy of his thirtieth...more

UK, US, HK and China – Access denied: an international perspective on ISP blocking injunctions

While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities, the picture in the United States, China and Hong Kong is more complex. Please see full...more

It’s a Game Winning Shot but Far from a Slam Dunk: Michael Jordan Obtains Partial Victory in Chinese Courts over Use of His Name

In December 2016, China’s Supreme Court held that a Chinese manufacturer named Qiaodan Sports Company, could not continue to produce athletic shoes, clothing and gear bearing the trademark (see article), which is the Chinese...more

The Spotify Settlement With NMPA: What It Means for Music Publishers

In March 2016, the popular music streaming service, Spotify, reached a settlement with the National Music Publishers Association (“NMPA”) to cover billions of unlicensed streams from member publishers dating back to the...more

Jurisdictional Law Hailed as Impetus to End Russian Art Loan Embargo that is Actually Unaffected by that Law

With reports that Russia is considering abandoning the nearly five year old embargo on loans of cultural artifacts into the United States, the cited connection between that willingness and the recent passage of the Foreign...more

From Rogue One to Forces of Destiny: A Star Wars Intellectual Property Story

With last weekend’s release of Rogue One: A Star Wars Story, Star Wars is once again living and thriving. Rogue One opened with a most impressive $155 million opening in North America, and $290 million worldwide, making it...more

Japanese Diet Enacts Controversial Laws to legalize Casinos

The Japanese Diet has passed a so-called "integrated resort promotion bill" that would legalize casinos in Japan. In the midst of contentious nationwide debates about gambling, the Japanese Diet passed the "Bill...more

Brussels Regulatory Brief: December

January will bring some important changes in the internal composition and current leadership of the European Parliament (“EP”). Such changes are expected to shake the EP’s internal life, even without a shift in the general...more

Terminated Disney Employees Allege that Outsourcing Work to Indian Workers Discriminated against American Workers

Disney continues to face legal repercussions from the company’s 2014/15 layoffs of numerous American IT workers, and the outsourcing of their functions to two Indian companies employing H-1B workers. On Monday, Dec. 12th,...more

JORDAN v. QIAODAN: The Lessons of Trademark Enforcement in China

Whether or not you agree Michael Jordan is the greatest basketball player of all time, he is certainly well-known. And after an over four-year battle, China’s trademark courts have agreed....more

Art Advisors are Not Always Fiduciaries—Lawsuit over Cady Noland "Log Cabin" Dismissed

The ongoing saga between Yves Bouvier and Dmitri Rybolovlev over Bouvier’s sale to the Russian billionaire of Leonardo’s Salvator Mundi (and a recent preemptive suit by Sotheby’s against the original sellers of the work to...more

Gurlitt Bequest to Kunstmuseum Bern is Upheld

Cousin Had Challenged His Capacity to Make a Will Shortly Before 2014 Death - After a two-year legal battle, the Oberlandesgericht in Munich has upheld the dismissal of Uta Werner’s challenge to the will made by...more

Copyright Protection For Mass-Produced Articles In The United Kingdom

Prior to a recent change in the law, copyright protection in an artistic work expired after 25 years if articles embodying the work had been applied industrially (defined as making more than fifty articles). This kept the...more

Looted Art Legislation—HEAR Act and Foreign Cultural Exchange Jurisdictional Clarification Act Set to Become Law

Congress has passed and President Obama is expected to sign two bills related to looted art and the availability of U.S. courts to hear disputes over them. The Holocaust Expropriated Art Recovery (HEAR) Act of 2016 and the...more

French Justice In A California Court: Copyright, Picasso And The “Astreinte”

The peoples of France and the United States tend to view things very differently — Jerry Lewis, berets and processed cheese food, to name just a few. Law sometimes transcends this divide – for example, French and American...more

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