Intellectual Property Art, Entertainment & Sports Conflict of Laws

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State Law Claims Suffer “Awfully Big Adventure”: New York Court Finds Federal Copyright Preemption in Dispute over Peter Pan...

On June 8, 2015, the New York County Supreme Court dismissed with prejudice eight of twelve state law claims brought by a producer seeking damages for the purportedly unauthorized use of his music in a world-wide production...more

Ninth Circuit Draws Fine Line Around Fine Art Resale Royalties

In a partial victory for artists such as Chuck Close and the Sam Francis Foundation—and for other visual artists who sold early works for rent money before establishing their name and value—the Ninth Circuit Court of Appeals...more

Ray v. ESPN, Inc. - USCA, Eighth Circuit, April 22, 2015

Eighth Circuit affirms dismissal of professional wrestler’s state-law right of publicity claims arising from ESPN’s re-telecast of wrestling match footage as preempted by Copyright Act....more

Second Circuit to Weigh In on Copyright Owner-Digital Broadcaster Dispute Over Pre-1972 Sound Recording Performance Rights

On April 15, 2015, the Second Circuit granted digital broadcaster Sirius XM Radio, Inc.'s (Sirius XM) petition for interlocutory appeal of U.S. District Judge Colleen McMahon's November 2014 ruling that New York state law...more

Court Finds Misappropriation Claims Arising From Licensing of Copyrighted Photographs Are Preempted

Judge André Birotte Jr. of the U.S. District Court for the Central District of California has dismissed a lawsuit brought by former college athletes alleging that the licensing of copyrighted photographs from their NCAA...more

Vijay v. Twentieth Century Fox Film Corp. - USDC, C.D. California, October 27, 2014

Vijay v. Twentieth Century Fox Film Corp. - USDC, C.D. California, October 27, 2014: District court declines to find that preemption warrants dismissal of all claims brought by actor in “Titanic,” but grants...more

NFL Films Ruling Blurs Right of Publicity

Earlier this year the Seventh Circuit stated that “there is no judicial consensus on how to resolve conflicts between intellectual-property rights and free-speech rights.” Jordan v. Jewel Food Stores, Inc., 743 F.3d 509, 514...more

Dryer v. National Football League - USDC, D. Minn., October 10, 2014

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

Germany: Collecting society’s payout to publishers highly disputed

On 13 May 2014 the District Court of Berlin (16 O 75/13) rejected a claim brought by a songwriter and a composer against a collecting society’s payout to music publishers. The claim was directed at a declaratory judgment that...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- September 12, 2013

Fox Television Stations, Inc. v. FilmOn X LLC, USDC, District of Columbia, September 5, 2013 - Adding to split among courts on this issue, D.C. district court issues preliminary injunction against internet television...more

Nevada Gaming Commission NOTICE OF REQUEST FOR COMMENTS AND/OR LANGUAGE ON REGULATIONS CONCERNING INTERSTATE AGREEMENTS FOR...

Nevada Gaming Commission NOTICE OF REQUEST FOR COMMENTS AND/OR LANGUAGE ON REGULATIONS CONCERNING INTERSTATE AGREEMENTS FOR INTERACTIVE GAMING. --- Section 6 of Assembly Bill 114 from the 2013 Legislative Session...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - June 29, 2011

Table of Contents: •Cabell v. Sony Pictures Entertainment •Glen E. Friedman v. Thierry Guetta Cabell v. Sony Pictures Entertainment, USCA Second Circuit, June 24, 2011 •Circuit court affirms summary judgment in...more

9th Circuit: California Idea-Submission Claims Not Preempted by Copyright Act

The 9th Circuit giveth and the 9th Circuit taketh away. Last year, a three-judge panel of the U.S. Court of Appeals for the 9th Circuit breathed life into copyright preemption as a defense to idea-submission claims under...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - May 18, 2011

Table of Contents •Harney v. Sony Pictures Television, Inc. •Forest Park Pictures v. Universal Television Network, Inc. Harney v. Sony Pictures Television, Inc., USDC D. Massachusetts, May 12, 2011 •District...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - February 16, 2011

Table of Contents • Experience Hendrix, L.L.C. v. Hendrixlicensing.com, LTD • Zamoyski v. Fifty-Six Hope Road Music Limited, Inc. Experience Hendrix, L.L.C. v. Hendrixlicensing.com, LTD, USDC W.D. Washington,...more

The Empire Strikes Back: Recent UK Decision Highlights Uncertainties in Protecting and Enforcing IP Rights Abroad

A recent UK decision highlights the difficulties in protecting and enforcing intellectual property rights outside the United States....more

Bakalar v Vavra - Second Circuit September 2, 2010

Nazi Art Looting - Jewish Property Declaration Law of April 26 1938

Bakalar v. Vavra was the first Holocaust-Era art case ever tried in a US federal court. The Second Circuit determined that New York, rather than Swiss law, should apply to a case where Fritz Grunbaum, a prisoner who was...more

Ninth Circuit Distinguishes Grosso v. Miramax Film Corp. and Holds That Certain Claims for Breach of Implied Contract and...

Montz v. Pilgrim Films & Television, Inc., et al. The Ninth Circuit last week issued its first published opinion regarding the scope of copyright preemption of implied contract and confidence claims since its controversial...more

The Federalism Case Against a Federal Right to Publicity

The goal of this paper is to (i) discuss the tensions between the right to publicity, Intellectual Property law and the First Amendment, while also providing a brief background on the development and evolution of the right to...more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

IN THIS ISSUE: *France Approves Pulling Plug on Online Pirates *Google to Permit Trademark Terms in Search Ads *California Courts Shut Out Spam Suits *American Apparel to Pay Woody Allen $5 Million Over Ad Spat...more

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