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

Untwisting the Fixation Requirement: Flexible Rules on Moveable Sculptures

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The US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s dismissal of a claim of copyright infringement for kinetic and manipulable sculptures, finding that movable structures were sufficiently...more

Eversheds Sutherland (US) LLP

Film Room: DOJ Antitrust Division and DOE stir the pot

In this week’s edition of Film Room, we break down two eleventh-hour actions taken by outgoing leadership: 1. a loud objection filed by the Antitrust Division of the Department of Justice in the House case; and 2. a Fact...more

Vorys, Sater, Seymour and Pease LLP

Ohio Institutions to Directly Pay For N-I-L

Executive Order 2024-08D, now codified, unequivocally asserts that the State of Ohio boasts the best postsecondary educational institutions and intercollegiate student-athletes in the country. The Ohio State University...more

Array

This Week in eDiscovery: A Realization About Redactions | Subpoenas in Oakley v. MSG

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of January 12-18. Here’s what’s...more

CDF Labor Law LLP

Olympic Wages Approved by Los Angeles City Council 

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As a present to organized labor, the Los Angeles City Council voted to approve a draft of the “Olympic Wage Ordinance” that, when finalized, will have a profound impact on the City’s hotel industry--an industry experiencing...more

Littler

New York’s Digital Replica Law and its Impact on Artificial Intelligence and the Entertainment Industry

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New York Senate Bill 7676B regulates contracts for the creation and use of digital replicas. This law took effect on January 1, 2025. The law defines “digital replica” as “a digital simulation of the voice or likeness of an...more

Ropes & Gray LLP

[Podcast] R&G Dugout: Show Me the Money—Fund Formation & Management

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On this episode of the R&G Dugout podcast, Ropes & Gray asset management partners Amanda Persaud, Lindsey Goldstein, and Jon Rash explore the upsurge of private funds raising capital for investment in sports teams and...more

Kaufman & Canoles

K&C Entertainment Exclusive - January 2025

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Drake has sued Universal Music Group NV for defamation in US federal court, accusing the company of putting his life in danger by releasing and promoting “Not Like Us” by his rival and labelmate Kendrick Lamar....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

AI IP Year in Review - The U.S. Copyright Office’s Position on the Copyrightability of Works Made with the Assistance of...

Since platforms like Midjourney and DALL-E became popular, using text-to-image models to generate “AI art” has surged, making it increasingly difficult to distinguish between AI-generated art and human-created works. This...more

A&O Shearman

NBA Legend’s Monopolization Challenge Against NASCAR To Proceed

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On January 10, 2025, Judge Kenneth D. Bell of the United States Court for the Western District of North Carolina denied NASCAR’s motion to dismiss stock car racing team 23XI Racing’s (“plaintiff”) monopolization case against...more

DLA Piper

Six Advertising Trends for 2025

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As the new year begins, creative advertisers and marketers look for new ways to stay current and get ahead by capitalizing on trends. ...more

Husch Blackwell LLP

Unions Call Time Out on College Athletes, but Campus Organizing Plays On

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The Dartmouth Men’s Basketball team, represented by the Service Employees International Union (SEIU) Local 560, requested to withdraw its petition to unionize on December 31, 2024. The petition, approved by the National Labor...more

Morrison & Foerster LLP - Social Media

Northern District Applies Section 230 to AI-Assisted Content Moderation

In Ryan v. X Corp., a Northern District of California court held that Section 230 of the Communications Decency Act immunized X (formerly Twitter) against claims arising from suspension of a user’s account, notwithstanding...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - Leverage Your IP - Residual Goodwill in Trademarks

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In this episode of Trending Now - An IP Podcast, Clinton Brannon and Janet Cho discuss residual goodwill in trademarks, including what it comprises and how it may be asserted....more

Snell & Wilmer

The Streisand Effect in Action: Drake Files Defamation Lawsuit Over “Not Like Us”

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When do lines in a “diss track” become defamatory? That is the question the Southern District of New York may be called on to answer in the recently filed lawsuit by Rapper Aubrey “Drake” Graham against his publisher UMG...more

Burr & Forman

The NCAA Division I Football Transfer Portal is Closed: Now What?

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For the first time since NCAA Division I football student-athletes have had the opportunity to transfer schools, the winter window to enter the portal was reduced to 20 days from 30 days. The portal officially opened on...more

Offit Kurman

The Hidden Cost of Failing to Plan

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Art and collectibles, while beautiful and culturally significant, can pose significant estate planning challenges. At the time of death, these assets are subject to estate taxes based on their fair market value. Without...more

Poyner Spruill LLP

Judge Rules NCAA Bylaw on Eligibility Likely Violates the Sherman Antitrust Act

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Athletic departments at NCAA member institutions must now consider whether their student-athletes who transferred from non-NCAA schools are eligible to play another season of college sports....more

Holland & Hart - Your Trial Message

Manage ‘Underdog’ Perceptions

There is a case currently playing out in the Southern District of New York, Major League Baseball Players Inc.,v. Underdog Sports, Inc. There is a common dynamic called out right there in the caption: One side is the “Major...more

Arnall Golden Gregory LLP

We Wish You a Merry Christmas and a Happy... Public Domain Day

Some works enter the public domain the moment they are created, such as the AI-generated images below. Others take their sweet time, so when they finally do arrive, it’s cause for celebration....more

McGuireWoods LLP

Department of Education OCR Issues Guidance on How Schools Analyze NIL Activity Under Title IX

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On Jan. 16, 2025, the Department of Education’s Office for Civil Rights (OCR) issued guidance regarding how it will analyze name, image and likeness (NIL) activity under Title IX of the Education Amendments of 1972. The...more

Foster Garvey PC

Sports & Entertainment Spotlight: Navigating Uncertainty in 2025

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Welcome back to the Spotlight! This may (or may not) be the last weekend that TikTok is operational in the United States, with legislation due to come into effect on January 19, 2025 that would ban TikTok failing Chinese...more

Parker Poe Adams & Bernstein LLP

Title IX Gender Equity Mandate Applies to NIL Activity, Department of Education Confirms

In long-awaited guidance, the U.S. Department of Education’s Office for Civil Rights (OCR) officially confirmed what many Title IX practitioners and athletics administrators thought to be true: Title IX’s gender equity...more

Kohrman Jackson & Krantz LLP

The City of Cleveland and State of Ohio Fight to Enforce the Modell Law and Block the Browns’ Move to Brook Park

This week, the City of Cleveland (the City) and the State of Ohio (the State) took several key actions in the battle to prevent the Cleveland Browns from relocating to a domed facility in Brook Park, Ohio. On January 14,...more

Weintraub Tobin

The Briefing: About Face – Courts Weigh AI Face-Swapping Technology and Celebrity Rights

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The Ninth Circuit recently upheld a ruling allowing a class action against NeoCortex, the creators of the Reface app, over the unauthorized use of content creator Kyland Young’s likeness. This case highlights the growing...more

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