Entertainment Industry

News & Analysis as of

‘I was not told there would be math’

Saturday Night Live has made invaluable contributions to American humor, but the best may be the show’s political parodies. Chevy Chase was famous for mocking Gerald Ford’s clumsy reputation (undeserved, for sure, considering...more

China’s New Film Industry Promotion Law (Draft)

China is now on track to overtake the United States as the world’s largest film market in the next few years. The global box office has grown slowlywith worldwide receipts reaching US$38 billion in 2015, up from US$36.4...more

Did Led Zeppelin Steal the Stairway to Heaven?

Did Led Zeppelin copy the opening of its iconic song “Stairway to Heaven” from a lesser-known band? A jury in California will decide in May whether the song copied elements of “Taurus,” a 1967 instrumental track from the...more

McElroy Films secures FAA Section 333 exemption

Boston video production company, McElroy Films, LLC (McElroy Films), recently secured its Federal Aviation Administration (FAA) Section 33 exemption, adding its name (and services) to the list of 22 other commercial drone...more

"Key Takeways: The Emerging Legal Landscape Regarding Ticket Sales"

Over the last few years, state lawmakers and enforcement agencies have focused increasingly on protecting consumers who purchase tickets to sports and entertainment events. Private actions also have targeted ticket sellers’...more

Battle of the Music Festivals: Why 'Hoodchella' is an Infringement of 'Coachella'

Most people have heard of the famous Coachella Valley Music and Arts Festival (“Coachella”). If you haven’t, it is an annual music and arts festival held at the Empire Polo Club in India, California. Coachella began in 1999...more

U.S. Court of Appeals for the Fourth Circuit Affirms Grant of Summary Judgment Dismissing "Per Se" Antitrust Tying Claims Against...

On February 4, 2016, the U.S. Court of Appeals for the Fourth Circuit affirmed a grant of summary judgment dismissing "per se" antitrust tying claims brought by a local concert promoter (It's My Party, or IMP) against its...more

Court Pulls Curtain on NLRB Ruling

The Eleventh Circuit Court of Appeals overturned the NLRB’s finding that stagehands in the Atlanta area were employees rather than independent contractors. The Court found that the NLRB repeatedly misapplied the law and...more

APE ACT: Martin and Lewis Had No Recourse Before Emergance of New Legal Right

In the late 1940s and early 1950s, Jerry Lewis was the undisputed king of comedy. His “man child” shtick was known throughout the world and, at age 26, he was quite wealthy and powerful. He and his partner, handsome Italian...more

Age, sex, and sports media

Sports reporter Colleen Dominguez is 54 years old and has enjoyed a successful career in sports journalism including a lengthy stint at ESPN. Dominguez recently jumped to Fox Sports 1 and believes her age and gender are the...more

Parody Writers Take Note: Fair Use Parody + New Elements = Copyright Protection

On October 30, 2015 the Second Circuit held that an unauthorized parody that makes “fair use” of its source material is eligible for copyright protection and that copyright protection may extend to a work that exhibits the...more

Win At All Costs?: A Glimpse Into Trade Secrets In The Sports And Entertainment Industry

It is one of those magical times during the year when sports fanatics can enjoy three major American sports all at the same time: the MLB playoffs are in full swing; the NFL season has finally kicked off; and the NHL saw the...more

Choosing The Right Entertainment Industry Work Visa

As smartphone recording capabilities and the popularity of social media help entertainers reach wider audiences around the world, entertainers who wish to come to the United States to perform are, paradoxically, finding it...more

Death v. Suicide in Event Cancellation Policies

While many Event Cancellation/Non-appearance policies offer effective coverage for financial losses and additional costs when the insured performer dies from natural causes or an accident, they reach their limits if the...more

ClearCorrect v. ITC: Federal Circuit Hears Argument in Case Which Will Decide Whether ITC Has Jurisdiction Over Digital Imports

On Tuesday, August 11, the Federal Circuit heard oral arguments in ClearCorrect v. International Trade Commission, a case that will decide whether the ITC has the power to exclude intangible items that are imported digitally...more

European Competition Law Newsletter – August 2015

Continuing an EU-wide trend, yet another trade association has been fined in the UK for cartel activities. This time it was a medical professionals’ association. The message is clear; trade associations of all types need to...more

Commission sends Statement of Objections to BSkyB and film studios

On 23 July 2015, the European Commission (the "Commission") sent a Statement of Objections to BSkyB and six major studios: Disney, NBC Universal, Paramount Pictures, Sony, Twentieth Century Fox and Warner Bros (the "Film...more

Updates to Nevada’s Gaming Laws – 2015 Legislative Session (Cont.#2)

Procedural and Administrative Changes and Clarifications - AB40 - A key administrative change effected by AB40 is to change the name of the “State Gaming Control Board” to the “Nevada Gaming Control Board.”...more

Second Circuit Rejects DOL Test on Intern Pay

Over the past several years, employment lawyers have cautioned their clients with regard to legal risks involved with unpaid internships. As these internships rose in popularity, many of the arrangements failed to meet...more

Events Planning Company Fined over $600,000 for Serious I-9 Paperwork Violations

On July 8, 2015, an administrative law judge (ALJ) ordered Hartmann Studios to pay a fine of over $600,000 for more than 800 I-9 paperwork violations, the largest fine awarded by an ALJ for paperwork violations to date. In...more

Governor Signs Urgent Measure Clarifying CA Paid Sick Leave Law: Four Action Steps for Employers Now

California employers have stepped up to comply with the July 1, 2015 deadline for the new California paid sick leave law. Now changes have arrived that may help clarify the law. On July 13, 2015, Governor Jerry Brown...more

Emergency Legislation to Amend California’s Paid Sick Leave Requirements Signed by Governor, Effective Immediately

Last year, the California Legislature enacted A.B. 1522, the Healthy Workplaces, Healthy Families Act of 2014 (“Act”), which amended California Labor Code Section 245.5 to provide paid sick days to most California employees,...more

A New Internship Standard The Second Circuits Seven Factor Test and What it Means for Your Company

On July 2, 2015, the Second Circuit Court of Appeals issued a decision regarding the employment status of unpaid interns that should prove helpful to employers. In Glatt v. Fox Searchlight Pictures, Inc., Nos. 13-4478 and...more

Second Circuit Outlines The Way for Employers to Hire Unpaid Interns

On July 2, 2015, in a matter of first impression, the Second Circuit issued a ruling in Glatt v. Fox Searchlight Pictures, Inc., Nos. 13-4478, 13-4481 (2d Cir. July 2, 2015), and provided a new test for whether a worker can...more

Second Circuit weighs in on when unpaid interns become “employees” under the FLSA

In 2011, a pair of unpaid interns who worked for Fox Searchlight Pictures on the 2010 film Black Swan filed suit against Fox claiming they should have been compensated as “employees” under the US Fair Labor Standards Act...more

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