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Advertising Law

SAG Allocation Guidelines Trump Settlement Deal - In the first decision interpreting the Screen Actors Guild 2009 Commercials Contract Allocation Guidelines, an arbitrator ordered a signatory to double its payments to...more

Risks Of Tribute Advertisements Are Focus Of Seventh Circuit Decision

Think the First Amendment protects your business from liability for running an ad congratulating a celebrity or other public figure? Better think again. ...more

Amendments to the Licence Conditions and Codes of Practice (LCCP)

The Gambling Commission has recently published part one of three publications detailing the changes to be introduced to the LCCP to coincide with the new point of consumption regime in Great Britain. Parts two and three are...more

Sport, Media, and Entertainment Intelligence - April 2014

Spanish Supreme Court orders Le Monde to pay damages to Real Madrid and FC Barcelona - The Spanish Supreme Court has ordered French daily newspaper Le Monde to pay damages of €300,000 to Real Madrid and €15,000 to FC...more

Football rights guidelines approved by Agcom!

Further to the preliminary inquiry carried out by the Italian Communication Authority (Agcom) with operators holding a direct interest in the sale of media rights for the Italian football seasons (as discussed here),...more

Antennas, Broadcasting, and Copyright: The Supreme Court’s Review of ABC v. Aereo

US law provides copyright owners with a bundle of rights to protect their original works, including the exclusive right to publicly perform the copyrighted work. The question of what constitutes a public performance has...more

Capturing Tiger Woods at The Masters

My second favorite golf major, The Masters, starts tomorrow in Augusta, Georgia. And as much as I dislike its history of racism, misogyny, and banning an announcer because he used the terms “bikini-waxed” and “body bags”...more

Applause Can Come with a Big Price Tag - Michael Jordan v. Jewel Food Stores, Inc.

Paying tribute to celebrity can sometimes be an expensive proposition. A Chicago grocery store chain found this out the hard way when the U.S. Court of Appeals for the Seventh Circuit handed down its decision in Michael...more

Advertising Law

SPECIAL FOCUS: Supreme Court Adopts Broad Standing Test for False Advertising Plaintiffs - On March 25th, the Supreme Court issued its long-awaited opinion regarding the test for standing in false advertising cases...more

Does The First Amendment Allow Journalists To Lie To Their Subjects? U.S. Senator Accuses Documentary Film Makers Of Fraud

On April 1, 2014, West Virginia Senator Joe Manchin issued a press release accusing Adroit Films of fraud. Manchin had agreed to be interviewed by the media company for a documentary about the Upper Big Branch mine disaster,...more

OFT Principles for Online and In-App Games Now in Force

On 1 April, the OFT’s principles for online and in-app games came into force. The principles aim to ensure that consumers are made aware of in-game costs before downloading the application in question, with a view to stopping...more

It’s a Mouse World After All

Deadmau5 (\’ded-mau's\; a.k.a. Joel Zimmerman) is a popular house music artist who performs wearing a mouse-like head covering called the mau5head. On Twitter he calls himself an “Event Driven Marketing specialist,” so I...more

Waking Up Talented Artists to a New Game

Perusing the New York Times last weekend, I came across an article entitled “Wu-Tang Clan Plans to Sell Just One Copy of a New Album.” Oh, so they are going to offer one download and watch it permeate the world virally?...more

Google Ordered to Remove All Copies of Anti-Islamic Film From YouTube After Actress With Bit Part Threatened by Outraged Muslims;...

An aspiring actress moves to California and finds her life threatened. While standard fare for pulp fiction, the case of Garcia v. Google involves a twist on this well-worn plot line that not even the most imaginative...more

Social Media Fan Accounts: Honoring a Celebrity’s Brand or a Trademark Violation?

Social media has become a powerful marketing tool, allowing celebrities to develop their brands and images with the help of Facebook updates or Tweets that can reach millions of fans at the same time. Given the importance of...more

Unauthorized Children’s In-App Purchases Round Two: Google Faces Class Action

Just two months after Apple’s settlement with the FTC over lax parental controls over children’s in-app purchases, Google takes the spotlight with claims of unauthorized children’s in-app purchases in the Google Play Store!...more

GB: POC Bill – new FAQs issued by the Commission as the Bill reaches its final stages of the Parliamentary process

The Gambling (Licencing and Advertising) Bill (“Bill“) receives its Third Reading in the House of Lords, the upper chamber of the British Parliament today. It has always been envisaged that following the Third Reading, the...more

Antitrust Claims Against SESAC Copyright Licenses Permitted To Proceed

Performing rights organizations (PROs) are entities that issue licenses to, and collect royalties from, television stations and other parties who wish to perform or dylanbroadcast copyrighted musical compositions. There are...more

Legally Compliant Online Promotions - Doing Online Promotions Without Getting Sued

In This Presentation: - User Generated Content ..What, Me Worry? What could go wrong with UGC? - The Communications Decency Act ..Section 230 - The DMCA ..Safe Harbor - Sweepstakes, Contests and...more

Advertising News & Analysis - March 14, 2014

In this issue: - FTC Settlement Highlights Lead Generation "Warning Signs" - FTC (Finally) Sounds the Alarm on Endorsements - FTC Set to Review TSR…Again - What International Companies Must Know...more

Advertising Law - Mar 14, 2014

Sue Like Mike: Jordan Wins Reversal in Publicity Rights Suit - An advertisement congratulating Michael Jordan on his induction into the Basketball Hall of Fame constituted commercial speech, the Seventh U.S. Circuit...more

Advanced Copyright Issues on the Internet

In This Publication: - I. Introduction - II. Rights Implicated By Transmission And Use Of Works On The Internet - III. Application Of Copyright Rights To Specific Acts On The Internet - IV....more

GB: Government moves to ensure that overseas bookmakers pay the Levy

A late amendment has been introduced to the Gambling (Licensing and Advertising) Bill in an attempt to extend the territorial reach of British legislation to require overseas operators to pay the horseracing levy....more

Garcia v. Google, Inc. - USCA Ninth Circuit, February 26, 2014

Garcia v. Google, Inc. - USCA Ninth Circuit, February 26, 2014 - In Depth - Ninth Circuit panel rules that Google must remove Innocence of Muslims video from YouTube, concluding that plaintiff actress,...more

Cyberlaw: Of Athletes And Video Games

Can a video game company use an athlete’s likeness in a game without his or her permission? The answer is maybe. The Ninth Circuit recently rejected Jim Brown’s Lanham Act Section 43 claim against Electronic Arts, Inc....more

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