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Art, Entertainment & Sports Communications & Media

Read need-to-know updates, commentary, and analysis on Art, Entertainment & Sports issues written by leading professionals.

Copyright Does Not Protect Ideas, Only Expression

On December 6, 2107, Judge Louis Stanton dismissed Randy Brown’s copyright law suit against Time Warner, Turner Broadcasting, Cartoon Network and others, based upon the claim that the television series Black Jesus infringed...more

Data and sporting integrity - the key issues to consider

by DLA Piper on

I spoke at Sportel in October about data issues in relation to the regulation of sport, particularly in relation to betting integrity. The topic raises a number of knotty issues...more

After Schiano: Lessons For Athletic Directors from Tennessee’s Coaching Search

The vetting and hiring of a new coach is one of the most critical responsibilities athletic directors face. Athletic directors work to identify coaching candidates that will give the university’s teams an opportunity to win...more

The 9th Circuit Adopts the “Ordinary Person” Standard for “Personally Identifiable Information” Under The Video Privacy Protection...

• The 9th Circuit affirmed the dismissal of a putative class action alleging that ESPN disclosed “personally identifiable information” in violation of the Video Privacy Protection Act of 1988 (VPPA) by knowingly disclosing to...more

Big Screen Opportunity

In today’s world of social media, mobile gaming, “peak TV,” and streaming everything, audiences have more choice than ever before in how and what they consume. As content choices increase, some critics and shareholders have...more

The Evolving Global Theatrical Stage

Movies may be the United States’ most powerful export. The U.S. is still the leading film market by box office revenue worldwide. From the early 20th century to the turn of the 21st, Hollywood films represented the majority...more

The Legality of Loot Boxes – Update

We recently blogged on legal issues with loot boxes as a game mechanic, and some of the scrutiny to which they are being subjected. The debate continues on whether loot boxes are an illegal gambling mechanic, but at least for...more

Second Circuit Dismisses Claims of Would-Be Ad-Blockers

On November 22, 2017, the Second Circuit in Heskiaoff v. Sling Media affirmed the dismissal of a class action complaint against Sling Media that alleged deceptive business practices in connection with Sling’s introduction of...more

All Eyes On The Supreme Court: The Battle For Widespread Legalized Sports Wagering In America To Have Its Day In Court

by Dickinson Wright on

The biggest legal showdown in a long time on a question of gaming policy is about to come before the United States Supreme Court. At stake is the ability of the states to tap into a legalized sports betting market that could...more

German FCO Launches Sector Inquiry Into Online Price Comparison Websites

by Reed Smith on

The German Federal Cartel Office (”FCO“) has launched a sector inquiry into “online price comparison websites.” This sector inquiry is the first specific proceeding in which the FCO applies its new competencies in the area of...more

Good News for Game Developers: Court Extends Protections for Using Others’ Trademarks in the Advertising of Artistic Works

by Fenwick & West LLP on

In a move that will likely benefit game developers, the U.S. Court of Appeals for the Ninth Circuit explicitly held that First Amendment protection extends to use of third-party trademarks in the commercial promotion of an...more

Bringing Interactivity Into the Theater

Interactive cinema is not a new concept. In 1992, Loews released I'm Your Man, a 20-minute interactive film that premiered in a special retrofitted theater in New York City. Equipped with seat-mounted controllers, the...more

Let’s Go To The Movies

If that title doesn’t make you want to sing the rest of the Annie soundtrack, we really can’t be friends. In any case, the holiday season is always an exciting time for the movie business, yet it’s also filled with high...more

“A Gronking To Remember” Plaintiffs Lose Right Of Publicity Appeal

For those of you in desperate need of Christmas present ideas for a New England Patriots fan, you can rest assured that your ironic backup option – a copy of the romance novel, A Gronking to Remember – is still available for...more

Augmented Reality: A New Legal Frontier for Marketing?

by Reed Smith on

Within the digital marketing industry, there is a (tentative) expectation that Virtual Reality (VR) and Augmented Reality (AR) products will open up new and exciting doors to advertisers in the not-so-distant...more

Russian Lawmakers Move to Be Able to Ban Use of VPNs and Similar Access Tools

by Latham & Watkins LLP on

Russia has adopted a new law further toughening the country’s Internet-blocking regime and introducing a number of restrictive measures applicable to intermediaries providing access to blocked websites, IT networks, and...more

Happy Thanksgiving and the Many Things for Which We Are Thankful

Before everyone gets out of the office to their various homes and families to celebrate the holiday, we wanted to review the year and count our blessings. Not only are we thankful that our families and colleagues in our...more

Key Considerations in Maximizing a Celebrity Brand

A celebrity should maximize the value of their brand by strategically monetizing every aspect of it. For example, one who becomes famous through the recording industry would consider a career in front of and behind a...more

When Names become Brand Names

by Winthrop & Weinstine, P.A. on

Naming things is a fundamentally personal, human act that sometimes – in a profession all about brand names – we take for granted. It’s easy to forget when we are clearing, registering, and protecting names, that at a basic...more

Video Game Software Industry Seeks a Final Disabilities Access Waiver Extension

by Kelley Drye & Warren LLP on

The Federal Communications Commission (“Commission” or “FCC”) recently released a Public Notice seeking comment on a petition filed by the Entertainment Software Association (“ESA”) seeking a one year final extension of its...more

YouTube Protected by CDA Immunity over Claims That It Provided Material Support to Terrorists

Following the reasoning of several past decisions, a California district court dismissed claims against Google under the Anti-Terrorism Act (ATA), 18 U.S.C. § 2333, for allegedly providing “material support” to ISIS by...more

Is the Reproduction of a Branded Product in a Depiction of Real Life an Infringement?

AM General LLC, maker of HUMVEE®-branded vehicles, has sued Activision Blizzard, Inc., Activision Publishing, Inc., and Major League Gaming Corp. in the Southern District of New York for using AM General’s trademarks and...more

Arbitration Provision TKOs Class Action Lawsuit by Online Viewer of Mayweather/McGregor Fight

Boxing fan Victor Mallh, attempting to take a class action swing at Showtime Networks for failures in its livestream broadcast of the Mayweather/McGregor fight in August of this year, will have to pursue his claim in...more

When the floodgates open, expect water at your doorstep

by FordHarrison on

About a month ago, my colleague Kristin Gray wrote about the breaking Harvey Weinstein scandal and best practices for employers to prevent harassment and discrimination from invading the workplace. And while I have no...more

Jay-Z Pleads Court to Remove Him from the Spotlight

by Robins Kaplan LLP on

Jay-Z does not want to be in the spotlight- at least not the spotlight of a New York federal judge. This past April, the hip-hop tycoon and Roc Nation, Jay-Z’s entertainment company, were sued by Iconix Brand Group, Inc....more

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