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Art, Entertainment & Sports Updates

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

The Supreme Court - April 26, 2017

by Dorsey & Whitney LLP on

Lewis v. Clarke, No. 15-1500: Petitioners Brian and Michelle Lewis were involved in an automobile accident with a limousine transporting patrons of the Mohegan Sun Casino, a casino operated by the Mohegan Tribal Gaming...more

Can You Hear Me Now?: Holocaust Expropriated Art Recovery (HEAR) Act

On December 16, 2016, President Obama signed the HEAR Act into law, establishing a uniform statute of limitations to govern claims seeking recovery of Nazi-confiscated art....more

McDonald's Beats Graffiti Copyright Claims in California, But Faces New Threat over New York Street Art

by Sullivan & Worcester on

McDonald’s recently prevailed on personal jurisdiction grounds in a closely-watched case in California about the use of street art as décor for restaurants in the United Kingdom, but the issue has quickly arisen again. As...more

Duke Ellington And Copyright: Five Things You Should Know

On April 29, sometimes called “Duke Ellington Day,” we celebrate the life and artistic accomplishments of the great musician and bandleader, Edward Kennedy (“Duke”) Ellington, who was born in 1899 and passed away in 1974. On...more

Intellectual Property Bulletin - Spring 2017

by Fenwick & West LLP on

It’s Dangerous to Go Alone! Take This. Intellectual Property Tips for the Esports Industry - With the annual Game Developers Conference spectacular in our rearview mirror, and the NBA’s partnership with Take-Two to...more

AR Game Maker Launches First Amendment Challenge

Candy Lab AR, makers of the augmented reality poker game Texas Rope ‘Em, sued Milwaukee County, Wisconsin, over an ordinance alleged to be violating the First Amendment. The ordinance states: “Permits shall be required before...more

Unwritten rules cause uncertainty in sports and at work

by FordHarrison on

Anyone who follows sports, even on a casual basis, has heard about “unwritten rules.” But the problem with unwritten rules is that sometimes they can be subject to different interpretations and standards. This is because,...more

New York City Church Sued For Relocation Of Sculpture Commemorating 9/11 Loss Of Tree

by Fox Rothschild LLP on

In recent art news, Trinity Church in Lower Manhattan is being sued by a sculptor for relocating his bronze sculpture of the stump and root system of a very large sycamore tree entitled “The Trinity Root” that was formally...more

Transformative Use or Infringement

In Cariou v. Prince, 714 F3d 694 [106 USPQ2d 1497] (2d Cir. 2013), the Second Circuit said that a use of a copyrighted work need not comment on the original artist or work, or on popular culture, in order to constitute...more

How Does the Supreme Court’s Recent Ruling on Incontinence Products Spill Over into Fashion?

On March 21, 2017 the Supreme Court issued a monumental holding removing the availability of laches as a defense in a claim for damages under patent infringement. The case changes decades of legal precedent, and adopts...more

At Stake

by Fox Rothschild LLP on

The Illinois Gaming Board (IGB) held its March monthly meeting on Friday, April 21, 2017, in Springfield. Riverboat -...more

Fantasy Golf: A Hole in One

by Ifrah PLLC on

The Masters golf tournament had quite an exciting finish this year and it also was a successful tournament for Daily Fantasy Sports (DFS) operators. As reported by Dustin Gouker: “The Masters marked the unofficial start to...more

Deliverance: Legal Issues Still Surrounding Prince’s Music

by Fox Rothschild LLP on

This week provided yet another reminder to entertainment law practitioners that there is still plenty of work to do even after your clients pass away. On Wednesday, April 19th, 2017 the U.S. District Court in Minnesota...more

“Anti-Police” Painting Controversy: Court says, No First Amendment Rights at Stake

by Fox Rothschild LLP on

The US. District Court for the District of Columbia recently denied a preliminary injunction seeking the reinstallation of a controversial “anti-police” painting at the U.S Capitol complex. David Pulphus, a student...more

Advertising Law - April 2017 #3

Amazon, FTC Reach Deal Over In-App Charges - Amazon and the Federal Trade Commission have agreed to drop their appeals in a lawsuit accusing the online retailer of billing consumers for unauthorized in-app charges incurred...more

Massachusetts Gaming Update: First Circuit Decision Allows Aquinnah Wampanoag Tribe a Second Shot at Martha’s Vineyard Casino

by Goodwin on

It’s ‘play on’ for the Wampanoag Tribe of Gay Head (Aquinnah). On April 10, a First Circuit Court of Appeals three-judge panel weighed in on the nearly three-and-a-half-year dispute between the Tribe and the Commonwealth, the...more

Blizzard v. Bossland: Game Over for Video Game Botting?

I’m a rules follower. Going back to the days of the Game Genie—a device that allowed gamers to play Super Mario Bros. with infinite lives or the Legend of Zelda with infinite bombs—I have always preferred the satisfaction of...more

Oh Yes They Did! - Ninth Circuit Holds that Use of Moderators May Impact DMCA Safe Harbor Shield

by Bryan Cave on

In Mavrix Photographs, LLC v. LiveJournal, Inc., No. 14-56596 (9th Cir. 2017) the Ninth Circuit held that the use of moderators by social media website LiveJournal created a question of fact as to whether the Digital...more

Looking For A Deceased Celebrity’s Successor-In-Interest? The Secretary Of State Has An Answer

by Allen Matkins on

The California Secretary of State’s office is the repository for a vast a disparate number of filings. Few people, for example, may be aware that they may register with the Secretary of State’s office as a...more

Pick me! Pick me! NFL draft lessons for HR

by FordHarrison on

The NFL draft is fast approaching, and with it comes the multiple prognostications and mock drafts that try to divine which teams will try to link up with the which talent coming out of the college ranks....more

Sylvester Stallone Sues Warner Bros. over Profits from “Demolition Man”

by Robins Kaplan LLP on

Sylvester Stallone filed suit against Warner Bros. on April 13th, claiming the studio has fraudulently concealed his share of revenue from the 1993 sci-fi action film, “Demolition Man.” The film starred Stallone as a Los...more

While the Slants are in the Spotlight, Chief Wahoo is on Deck

Throughout the past decade, attorneys, judges, plaintiffs, and defendants have invested thousands of hours in the fight over offensive trademarks. Most of the public is aware of the controversy surrounding the Washington...more

Supreme Court Announces Broad Separability Test in Applying Copyright Law to Useful Articles

by Ward and Smith, P.A. on

This article continues the discussion in an earlier article addressing the scope of copyright protection as it applies to useful goods under copyright law. At the time the first article was written, Varsity Brands, Inc. v....more

Be careful reselling a sweepstakes prize

by Thompson Coburn LLP on

Shortly after posting my article on sweepstakes winners who didn’t want the prize they had won, I noticed several articles about a sweepstakes winner who ran into trouble while trying to resell his prize....more

Supreme Court Says ‘Give Me a ©’ to the Fashion Industry

by Goulston & Storrs PC on

A recent U.S. Supreme Court copyright decision analyzing cheerleader uniforms may have a profound impact on retailers, and on the fashion industry in particular. On March 22, 2017, the Supreme Court held in Star Athletica,...more

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