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Art, Entertainment & Sports International Trade

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

Call It What You Want. Just Don’t Call It Copyright Infringement.

by Weintraub Tobin on

A demand letter is a formal way of telling someone, “now we got bad blood.” Recently, a Northern California blogger received a demand letter in which Taylor Swift threatened to sue the blogger. In so many words, the blogger...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

“The Cosby Show” Producer Demands BBC Foot The Bill For Using Show Clips In Documentary Exposé

by Fox Rothschild LLP on

Former American icon Bill Cosby has been accused of sexually assaulting at least sixty women over five decades, according to Time Magazine. But the Carsey-Werner Company, which produced Cosby’s hit sitcom “The Cosby Show”,...more

Sotheby’s Posts $23.5 Million Net Loss Ahead Of Expectations During Traditionally Slow Third Quarter

by Fox Rothschild LLP on

In recent art world news, Sotheby’s posted a $23.5 million net loss during the traditionally slow third quarter, up 57 percent from last year, announced by the auction house in its quarterly earnings call last Friday. The...more

Masterpiece by Bernardo Bellotto Purchased by London National Gallery Consequent to Temporary Export Bar

Art export laws are designed to prevent art and artifacts of significant cultural value from leaving its country of origin while also preserving the home country’s competitiveness in the international art market. Many...more

Oh My Ghosh! A New Test for Dishonesty in Criminal Law…

by Morrison & Foerster LLP on

In a case brought before it by a professional gambler, on 25 October 2017 the Supreme Court cast the die for the second limb of the test for dishonesty, originally set out in R v. Ghosh [1982], to be overturned....more

Business Litigation Report - October 2017

October 2017: Second Circuit Immunity Decision Upends Cross-Border Criminal Investigations - The Second Circuit Court of Appeals’ recent decision in United States v. Allen, --- F.3d ----, 2017 WL 3040201 (2d Cir. July 19,...more

Draft Italian Budget Law Promotes Sports Arena Refurbishment

by McDermott Will & Emery on

The Italian Government confirmed its willingness to promote the renovation of sports-related assets in the draft budget law currently pending parliamentary approval. The final budget law is expected to contain further efforts...more

Germany Identifies Painting from Gurlitt Collection as Nazi-Looted, Progress and Credibility Still Uncertain

by Sullivan & Worcester on

Only Sixth Work Revealed As Looted Since 2013 - The Deutsches Zentrum Kulturgutverluste (the German Center for Cultural Property Losses) issued a press release today that an additional work from the collection of the late...more

Textile factory safety claims proceed to arbitration under the Bangladesh Accord

by Hogan Lovells on

In a landmark ruling by an arbitration tribunal last month, claims against two global fashion brands under the 2013 Accord on Fire and Building Safety in Bangladesh (the “Bangladesh Accord“) were declared admissible and...more

The Southern District of New York Finds “Work Made For Hire” Under Italian Copyright Law

Musical scores incorporated into films are usually produced with the specific film in mind. In the U.S., we call such works “works made for hire,” meaning that the artist does not retain authorship rights to the music....more

eSports coming to the fore for policymakers in Europe

by White & Case LLP on

ESports' First EU Parliamentary Discussion - "eSports in Europe: What Policy Response?" was the title of the first conference about competitive gaming's current regulation and sport status in the EU. On September 6, 2017,...more

IP & Brexit: The Impact of Brexit on the Community Unregistered Design Right and the Creative Industries Who Rely on Them

by Latham & Watkins LLP on

Brexit discussions will need to address the application of the Community unregistered design right (CUDR) in the UK following the UK’s exit from the EU. The CUDR currently provides...more

Joy in Who-Ville? Playwright Wins Fair Use Copyright Dispute in Parody of “Grinch”

by Kelley Drye & Warren LLP on

It’s not quite what Dr. Seuss envisioned: Kind-hearted and cheerful Cindy-Lou Who from the childhood classic “The Grinch That Stole Christmas” becomes a cynical adult who was thrown in prison after murdering her abusive...more

When Will We Get There? The World Gathers in London to Consider the State of Restitution of Nazi-Looted Art.

by Sullivan & Worcester on

The National Gallery London hosted on September 12, 2017 the much-anticipated conference “70 Years and Counting: the Final Opportunity?” organized by the United Kingdom Department for Digital, Culture Media & Sport (DCCS),...more

Catching Counterfeits: Customs Recordation and IP Enforcement

by Knobbe Martens on

U.S. Customs and Border Protection (“CBP”), the primary federal agency responsible for securing America’s borders, is also charged with the protection of intellectual property rights and guarding against the infringement of...more

Sports Bras and Tires - What Do They Have In Common?

Sports bras and tires don’t seem to have much in common, but both embody visual designs fashioned to appeal to consumers and both have a particular form of intellectual property— design patents—tailored to protect their...more

EU institutions vote for more books for blind and visually impaired people

by Hogan Lovells on

Four years after signing the Marrakesh Treaty (introduced by the WIPO) to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled, the EU institutions finally voted for...more

Protecting Online Games in China

by Davis Wright Tremaine LLP on

With the exponential growth of online gaming (particularly mobile gaming) in China, more and more western content providers are entering the Chinese gaming market and seeking to protect their businesses in China’s courts...more

Oh, Hadn’t You Heard? You’re Violating French Law Right Now! France Gets Serieuse about Anti-Corruption

Ok, ok, don’t panic. Maybe not all of the millions of dedicated readers of this blog are in violation. Nevertheless, as of June 1, if your company does business in France, it may be time to check your anticorruption...more

Offensive Trademarks Are Protected Free Speech Under The First Amendment

by Weintraub Tobin on

Simon Tam is the lead singer of the rock group call “The Slants’, which is composed of Asian-Americans. Tam applied for federal trademark registration of the band’s name. While the term “slants” is a derogatory term for...more

Intellectual Property and Technology News (Asia Pacific) June 2017

by DLA Piper on

Welcome to the latest Asia Pacific Edition of the Intellectual Property and Technology News, our biannual publication designed to report on worldwide developments in intellectual property and technology law, offering...more

Herzog Heirs Win Again in Appeals Court on Jurisdiction Over Hungarian Museums

by Sullivan & Worcester on

A federal appeals court has upheld the growing consensus that the Foreign Sovereign Immunities Act (FSIA) confers jurisdiction over foreign state actors in possession of art allegedly looted by and/or overseen by the Nazis....more

Tax incentives in Puerto Rico: a quick introduction

by DLA Piper on

To promote, attract and develop key industries, sectors and activities, Puerto Rico offers a spectrum of economic incentives, among them low fixed income tax rates, partial and/or total tax exemptions, income tax credits and...more

The Fate of Chinese Investment and CFIUS in the Time of Trump

by Garvey Schubert Barer on

Over the last few years the pace of Chinese direct investment in the U.S. has increased at a remarkable rate. In 2016 the $45 billion of Chinese acquisition and expansion in the U.S. was three times the amount in the...more

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