Entertainment Industry

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FBI Issues Alert Following Unprecedented Malware Attack against U.S. Company

Last week, the Federal Bureau of Investigation (FBI) warned U.S. businesses to be alert for a malicious software bug capable of erasing hard drives and crashing networks. Although not specifically mentioned, cybersecurity...more

Nevada Supreme Court Adopts Economic Realities Test to Determine Employment Status

Recently, the Nevada Supreme Court in Terry, et al., v. Sapphire Gentlemen's Club, reversed a lower court's ruling and held that performers at Sapphire Gentlemen's Club meet the definition of "employees" under the Nevada...more

GLOBAL: Main takeaways from our “Global TV Production and Co-Production incentives webinar”

The TV industry is a global business set to be worth more than $400BN by 2020, with predicted year-on-year growth of 4.7%. As incentive programs are becoming increasingly important across the industry, we hosted a “TV...more

The Sum of All Parts: Second and Ninth Circuits Poised to Address Movie “Authorship”

“There are no small parts, only small actors.” So says the film and theater maxim most frequently attributed to Russian actor and director Constantin Stanislavski. But how small a contribution is enough for an actor or...more

Nevada Supreme Court Finds Class of Strippers Were Employees

Given the extensive use of euphemisms in the exotic dancing trade, we’ll apologize in advance for any unintended puns. We’ve written on the issue of the classification of exotic dancers or strippers in the past [April...more

On December 15, 2014, The Ninth Circuit En Banc Will Hear Garcia v. Google, Inc./Actors And Producers Await The Result

On Monday, December 15, 2014, the Ninth Circuit en banc will hear argument in Garcia v. Google, Inc. 766 F3d 929 (9th Cir. 2014), amending 743 F.3d 1258 (9th Cir. 2014). A three judge panel of the Ninth Circuit previously...more

Music Publishers Bring Contributory Copyright Claims Against ISP for Infringing Activities of Subscribers

In a novel lawsuit that tests the bounds of service provider liability, two music publishers brought suit against an ISP for contributory copyright infringement for allegedly facilitating infringement by failing to terminate...more

Shake It Off: Employer Misclassification of Exotic Dancers under the Fair Labor Standards Act

Recently, there’s been a wave of Fair Labor Standards Act (“FLSA”) rulings adverse to employers in the adult entertainment industry. Early this year, a Southern District of New York judge approved an $8 million settlement for...more

A Report on the Future of Atlantic City (In the Words of "Atlantic City")

How do you regild a city that’s lost its luster? Last month, the New Jersey Governor’s Advisory Commission on Gaming, Sports, and Entertainment released a report attempting to answer that question for Atlantic City. ...more

Ninth Circuit to Reconsider the Curious Copyright Case Requiring YouTube to Take Down All Copies of Anti-Islamic Film

Earlier this year, Socially Aware noted a peculiar decision out of the Ninth Circuit Court of Appeals holding that an actress owns a copyright interest in her five-second performance in a film and thus could demand the...more

Managing Your Online Content and Website

A SURVEY OF PRIVACY, COPYRIGHT, AND TRADEMARK ISSUES - Today, even Elvis has a Facebook page, Instagram2 and Google+ accounts, a Twitter handle, a Pinterest board, and a mobile app. The Internet and the mobile...more

Using Unpaid Interns Can Land Your Company in Class Action Hot Water

A recent surge in lawsuits against well-known New York-based fashion retailers and media giants, such as Oscar de la Renta, LLC; Marc Jacobs International, LLC; Donna Karan International, Inc.; Calvin Klein, Inc.; Coach,...more

Counts v. Meriwether - U.S.D.C., C.D. California, October 14, 2014

District court dismisses plaintiffs’ claim that Fox’s popular television show New Girl infringes their copyrighted screenplay because complaint did not adequately identify works at issue, and dismisses claims for breach of...more

FAA Clears the Drone Runway for Hollywood; California Governor Grounds AB-1327

The Federal Aviation Administration (FAA) announced on September 25, 2014, that it approved exemptions to six aerial photo and video production companies to use unmanned aircraft systems - or drones, as they are otherwise...more

Rossi v. Photoglou - California Court of Appeals, 4th Appellate Div., September 29, 2014

Rossi v. Photoglou - California Court of Appeals, 4th Appellate Div., September 29, 2014: California appellate court reverses summary judgment in favor of Real Housewife of Orange County Gretchen Rossi against "friend"...more

Star Wars: Redefining Trademark and Copyright Law Since A Long Time Ago

The Star Wars series is truly an exceptional franchise, having broken box office records, creating legions of fans, and bringing the idea of collateral merchandise licensing to an unprecedented level. Also, how many other...more

September 2014: Entertainment Litigation Update

ABC v. Aereo: Supreme Court Holds that Aereo’s System of Streaming Television Broadcasts via the Internet Infringes Copyrights in Programs Broadcast. On June 25, 2014, the Supreme Court issued its opinion in the...more

Drone on Drones: FAA Authorizes Drone Use Over Some Hollywood Sets

The Federal Aviation Administration recently approved the requests of six movie and TV production companies to use drones for filming on certain sets. This decision marks the first time the FAA has permitted commercial drone...more

Sports, Media and Entertainment Intelligence - October 2014 (Global)

BROADCASTING - France: French legislation on evening advertising on public channels: should we expect another shift in policy? - The main French public service broadcaster, France Télévisions, is calling for lift of...more

Drones: The FAA Grants Hollywood the First Regulatory Exemptions Permitting the Commercial Use of UAS

Yesterday the Federal Aviation Administration (FAA) granted six aerial photo and video companies exemptions from FAA regulations that—before now—wholesale banned the use of unmanned aircraft systems (UAS) for commercial...more

Hollywood Leads The Way On Drone Use

The Federal Aviation Administration recently granted six aerial photo and video companies exemptions from FAA regulations that — before now — wholesale banned the use of unmanned aircraft systems for commercial purposes in...more

It’s a Bird…it’s a Plane…it’s a Drone; FAA Approves Limited Use of Drones as Camera Platforms for Film and TV Production

Unmanned aerial cameras have been legal in other parts of the world but prohibited for commercial use in the United States until last week, with the limited exception of two commercial-drone operations, which the FAA had...more

Trademark Review - La Quinta Hotels, Kia, and Fab Again (September 2014)

Co-Existence Outside of the U.S. Might be Relevant to Obtaining a Permanent Injunction in U.S. La Quinta has operated LA QUINTA hotels and motels in the United States since 1968. Quinta Real operates QUINTA...more

FAA Grants Exemptions and Releases Guidance for Operation of Small Unmanned Aircraft Systems

On September 25, 2014, the Federal Aviation Administration (FAA) approved six exemption requests for the use of small unmanned aircraft systems (sUAS) for television and movie filmmaking under strict conditions....more

Employment Law Summer Recap 2014: Part 8 of 11 – New York’s Coldest Summer, Especially for Employers Who Utilized Unpaid Interns

It felt like we were in a dream. Or maybe San Diego. Day after day, 82 degrees and little humidity. In a word: pleasant. We know next summer probably won’t be the same, but we sure enjoyed this one. That’s right – this was...more

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