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Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

NC Legislative Update: May 2017 #3

by Nexsen Pruet, PLLC on

This Week - Following the passage of the Senate budget proposal last week, the Senate had a fairly light calendar this week. The House continued to work while House budget writers draft their own budget proposal. The...more

The Kardashians Can’t Keep up with Copyright Law

Khloe Kardashian is the latest Kardashian to find herself in court over her activities on social media. The youngest Kardashian sister was sued by a photographer for copyright infringement in Xposure Photos UK Ltd v Khloe...more

Horseracing-based Fantasy Sports Game Found Illegal

In a follow up to a lawsuit we previously reported on, a California District Court ruled on summary judgment that a horseracing-based fantasy sports game constitutes illegal wagering....more

Modified set-top boxes and copyright infringement – where do we stand?

by Dentons on

In an important decision for rights holders everywhere, on 26 April 2017, the European Court of Justice (CJEU) ruled that the sale of multimedia devices that have been modified to allow end users to stream pirated content is...more

No Charges by ISP for Performing its Duties Under the Notice and Notice Regime

by Bennett Jones LLP on

Unlike many countries which provide an effective "notice and take down" remedy for copyright owners whose works are wrongly posted on Internet sites, Canada has implemented a "notice and notice" regime. In Voltage Pictures,...more

Vermont Passes Fantasy Sports Legislation

by Klein Moynihan Turco LLP on

Vermont’s State Legislature has passed legislation that would expressly legalize and regulate fantasy sports contests and their operators within the State. If enacted, Vermont would become the third state this year to adopt...more

10-step plan for fair and balanced approach to preventing workplace harassment

by FordHarrison on

In less than a year, Fox News has lost its founder and one of its most well-known anchors due to widespread sexual harassment allegations. Fox News recently reported that 20th Century Fox paid $10 million in sexual harassment...more

Have You Been Duped?

In the fashion and beauty world, the copying of higher-priced brands is widespread. While in fashion, the term for copies of designer products is “knockoffs,” in beauty, the term is “dupes.” Whether it is a colloquial use of...more

Give Me an E: Cheerleading Uniform Designs Eligible for Copyright Protection

by McDermott Will & Emery on

In a 6–2 decision authored by Justice Thomas, the Supreme Court of the United States provided guidance as to whether aesthetic designs of a cheerleading uniform, such as stripes, chevrons, zigzags and color blocks, are...more

Libel by tweet. #Beware.

by Thompson Coburn LLP on

Everything is terse on Twitter. Even alleged libels. Like the Courtney Love case: $430K settlement over a single tweet. Now like music producer Dr. Luke’s case against lawyer Mark Geragos. Dr. Luke (real name Lukasz Gottwald)...more

Third verse same as the first - Will Richard Prince’s transformation defense work yet again?

by Thompson Coburn LLP on

Take a copyrighted photograph of Sonic Youth bass player Kim Gordon, crop it, and add an Instagram border and a few words of text and emojis. Have you “transformed” it sufficiently to avoid copyright infringement? And is it...more

Studios Fire Back: Fictional Publication Depicted in a Movie is Privileged Expressive Use

Following up a previous post about the February 2017 lawsuit filed by the Sporting Times against Orion Pictures for depicting a fictional magazine of the same title in a movie about the life of Bill “Spaceman” Lee, MGM has...more

DarkOverlord Allegedly Hits Netflix and Releases Orange Is The New Black Episodes

We have previously reported about the activities of The DarkOverlord. It is now being reported that a hacker and/or hacking group known as The DarkOverlord announced on Twitter over the weekend that it has absconded with...more

Online video services to be regulated

by Dentons on

On 1 May 2017 the President of the Russian Federation signed Federal Law No. 87-FZ on Amendments to the Federal Law on Information, Information Technologies and Information Protection and Certain Legislative Acts of the...more

Sports Wagering in Your State

by Dickinson Wright on

“Sports gambling is going to be legal. We might as well embrace it and become part of the solution, rather than fight it. It’s in everyone’s best interests for it to be above-board.”...more

Prepare for Canada Day by Reviewing Your Pending Industrial Design Applications

by Smart & Biggar on

July 1, 2017, is Canada’s 150th birthday. But it is also the deadline for taking certain actions in respect of pending Canadian design applications. As previously reported, on January 16, 2017, the Canadian Industrial...more

TMT China Brief - Winter/Spring 2017

by Hogan Lovells on

Welcome to this edition of our bi-annual TMT China Brief! This edition features a total of 15 articles which capture the significant TMT developments in Greater China in the Winter/Spring 2017. These developments cover an...more

Navigating the Lifecycle of an Eponymous Brand (Part 3)

In this three-part series, we identified three distinct seasons in the lifecycle of an eponymous brand: (1) Choosing the Brand, (2) Commercializing the Brand, and (3) Legacy of the Brand. In Part 1, we discussed what is at...more

Insight: Patchwork of Daily Fantasy Sports Regulations Will Increase Costs and Frustrations for Emerging Industry

by Stinson Leonard Street on

Arkansas has become the most recent state to enact legislation aimed at regulating the Daily Fantasy Sports marketplace. Daily Fantasy Sports, or more commonly known as DFS, is a form of online entertainment where users play...more

MarkIt to Market® | April 2017

The April 2017 issue of Sterne Kessler's MarkIt to Market® discusses navigating the lifecycle of an eponymous brand and lists the new gTLD Sunrise periods. Please see full newsletter below for more information....more

This RMLC/GMR Fight Is No Joke

Originally published in Radio Ink - January 12, 2017. Most radio stations have received emails in the past several weeks from both the Radio Music License Committee (RMLC) and Global Music Rights (GMR) regarding an...more

Agreeing to Agree: Commercial Division Rules Twice that Term Sheets Were Not Binding Agreements

In two recent decisions, Justices Charles E. Ramos and Saliann Scarpulla of the New York Commercial Division ruled that term sheets were not binding agreements. Keitel v. E*Trade Fin. Corp., No. 652220/2015, 2017 BL 131532...more

Advertising Law - April 2017 #4

Massachusetts AG Fences off Geofencing Ad Campaign - In what appears to be the first time a consumer protection law was used to object to a company engaging in GPS-based ad targeting, Copley Advertising settled with...more

Fox News & Bill O’Reilly – Best Practices for Conducting Internal Workplace Investigations

by FordHarrison on

Bill O’Reilly’s reign as a Fox News favorite came to an abrupt end amid a series of allegations of sexual harassment against him. After the most recent allegations, Fox News hired large law firm, Paul Weiss, to conduct its...more

China: Whose voice is it? – The arbitral award is out… but the case is not concluded…

by Hogan Lovells on

The Hong Kong International Arbitration Center (“HKIAC”) has recently issued its final award in the trademark litigation saga surrounding “The Voice of China”. This case is high-profile and interesting, because it involves...more

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