Trial by Jury: Why It Matters in a Democratic Society
Waldman: Stop Immunizing Websites That Allow Harassment
Busy Days For Voting Rights Advocates, Thanks to SCOTUS
A Moment of Simple Justice - Snitching Ain't Easy
Fighting for Education Rights: Equal Justice for Pregnant and Parenting Students
Combining Arms for Justice-Involved Veterans
A Moment of Simple Justice - Cameras on Cops
A Moment of Simple Justice - Ferguson
A Moment of Simple Justice - Revenge Porn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
SOX Whistleblower Protections Extend to Private Companies: Critical Steps to Take Now
A More Perfect Union: Why Punish Russia for Crimea?
Jail Time for Revenge Porn Offenses?
End Game in the Fight Over Same Sex Marriage?
Is Punishment Dead in America?
Bill on Bankruptcy: Detroit Falls Short on Good-Faith Test
Bill on Bankruptcy: Madoff Victims Rooting for Stanford Victory
Bill on Bankruptcy: Listening in the Dark at the NCBJ
Health Care Antitrust & the Supreme Court – Interview with Bruce Sokler, Member, Mintz Levin
Bill on Bankruptcy: Detroit Shows Need for Amending Bankruptcy Law
U.S. courts have recognized that “there is no judicial consensus on how to resolve conflicts between intellectual-property rights and free-speech rights.” Indeed, courts have adopted varying approaches to analyzing right of...more
According to music icon Don Henley, intellectual property rights are not a joking matter....more
Dryer v. National Football League - USDC, D. Minn., October 10, 2014:
District court grants summary judgment in favor of NFL and against former professional football players who claimed that NFL’s use of video footage...more
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
So, how is copyright law doing as an online reputation management tool?
We have written many times recently about the use of copyright law to do what defamation law can’t: take stuff down from the internet. A...more
Right of Publicity? First, Let Me Take a Selfie -
“Oh, he wants to do a selfie,” President Barack Obama observed with amusement before gamely posing with Boston Red Sox designated hitter David Ortiz. Ortiz snapped the...more
“Oh, he wants to do a selfie,” President Barack Obama observed with amusement before gamely posing with Boston Red Sox designated hitter David Ortiz. Ortiz snapped the shot using his Samsung smartphone during a visit to the...more
When we upload family pictures to the internet, we understand that, in theory, anyone in the world might download them and use them for some nefarious purpose. However, we usually take comfort in the fact that most of us...more
Mark Zuckerberg famously stated that the purpose of Facebook is “to make the world more open and connected,” and indeed Facebook, other social media outlets and the Internet in general have brought worldwide openness and...more
Moore v. Lightstorm Entertainment, USDC, D. Maryland, January 17, 2014 -
District court grants summary judgment dismissing screenwriter’s copyright infringement claims against producers of motion picture Avatar,...more
On September 24, 2013, Electronic Arts, Inc. (“EA”) reached a $40 million dollar settlement of lawsuits over the use of college athletes’ likenesses in EA’s popular college football video game series NCAA Football. EA also...more
Lewis v. Activision Blizzard, USDC, N.D. Cal, October 17, 2013 -
District court grants summary judgment against former employee “game master” of defendant videogame company, finding that sound recordings of employee...more
Capitol Records, LLC v. Vimeo, LLC, USDC, S.D.N.Y., September 18, 2013 -
District court grants in part and denies in part video-sharing website’s summary judgment motion for safe harbor protection under the DMCA for...more
Creating a new rule that gives videogames much more limited protection than other expressive works, the Ninth Circuit has ruled that realistically depicting college athletes in videogames showing them doing what they became...more
Brown v. Electronic Arts, Inc., USCA, Ninth Circuit, July 31, 2013 -
Ninth Circuit affirms dismissal of NFL great Jim Brown’s Lanham Act claim against video game developer Electronic Arts, Inc., concluding that Rogers...more
On Wednesday, July 31, 2013, the Ninth Circuit issued two opinions assessing the parameters of use of individual player likenesses in video games in two highly watched cases...more
42, 127 Hours, Act of Valor, Argo, Dolphin Tale, Fair Game, Green Zone, I Love You Philip Morris, Moneyball, People Like Us, Sanctum, Secretariat, Soul Surfer, The Bling Ring, The Fighter, The Runaways, The Whistleblower,...more
There are so many fun things you can do with celebrities. In addition to the traditional things like writing books about them, you can also use their catchphrases to make greeting cards; make movies about them using puppets;...more
For some time now, Electronic Arts–purveyor of sports video games–has been embroiled in disputes relating to using the likenesses of former college athletes without providing them appropriate remuneration. There has been the...more
Table of Contents:
..Washington v. Take-two Interactive Software, Inc., et al.
California appellate court affirms anti-SLAPP dismissal of misappropriation claim brought against Grand Theft Auto developers....more
Star gazing takes on new meaning in New Mexico as the state’s film industry continues to grow. You might spot stars like Johnny Depp, Lou Diamond Phillips, Arnold Schwarzenegger and Juliet Lopez in Albuquerque since...more
Let me first say that I love football and I went to Stanford. But not when Stanford had good football teams, no, no. I went to Stanford when we were lucky to win 4 games in the season. So the recent, phenomenal success of...more
Michael Jordan recently learned that his achievements on the basketball court do not translate into success in court when his opponent is the First Amendment.
In a ruling against Mr. Jordan, a federal judge in Chicago...more
Society is consumed with celebrity. We can survey Hollywood marriages and divorces, analyze Golden Globe wardrobe choices and comment upon the latest Lindsey Lohan foible. It is not surprising that many artists have channeled...more
On Sept. 9, 2011, Judge Freda Wolfson of the United States District Court for the district of New Jersey issued a 67 page opinion that is not only the latest in a series of decisions involving Electronic Arts’ (EA) sports...more
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