Ip/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - May 11, 2011


Table of Contents

• In Re NCAA Student-Athlete Name & Likeness Litigation

• Arista Records LLC v. Lime Group LLC

In Re NCAA Student-Athlete Name & Likeness Litigation, USDC N.D. California, May 2, 2011

• Court denies motions of licensing company and athletic association to dismiss claims of breach of contract and civil conspiracy relating to the use of names and likenesses of student athletes in video games.

This proposed federal class action lawsuit originated as a number of individual lawsuits, including an action by plaintiff Sam Keller, a former starting quarterback for Arizona State University and the University of Nebraska, styled Keller v. Electronic Arts, Inc., as well as actions alleging antitrust violations. The suits were consolidated and renamed In Re NCAA Student-Athlete Name & Likeness Litigation. Plaintiffs include two groups of former student football and basketball players, the Publicity Plaintiffs and the Antitrust Plaintiffs.

Arista Records LLC v. Lime Group LLC, USDC S.D. New York, April 29, 2011

• In damages phase of copyright infringement case against distributors of peer-to-peer file sharing system, court grants plaintiff record companies’ motion to preclude defendants from arguing or offering expert testimony to show that other illegal services would have induced infringement even had defendants not.

In this copyright infringement case, the court granted summary judgment May 11, 2010, in favor of plaintiff record companies on their claims against defendants, distributors of a peer-to-peer file sharing program, for secondary copyright infringement. The court found that defendants had induced multiple users of the LimeWire online file-sharing program to infringe plaintiffs’ copyrights in sound recordings. The litigation is now in the damages phase. Plaintiffs seek statutory damages for approximately 9,715 post-1972 sound recordings and actual damages for approximately 1,490 pre-1972 sound recordings.

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