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Art, Entertainment & Sports Antitrust & Trade Regulation

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

The Perils of Secondary Liability for Copyright Infringement

Vicarious and contributory liability are terms well-known to every tort lawyer and law student. They should also be familiar to business owners and managers. The legal theories of vicarious and contributory liability are...more

Ervin Cohen & Jessup LLP

Entertainment Vendors Must Certify Safety Training for Employees

Live events are part and parcel of California’s landscape. From Coachella to county fairs, thousands of workers each year participate in setting up and tearing down the infrastructure at these public event venues....more

Jones Day

French Supreme Court Rules on Resale of Digital Video Games

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The French Supreme Court (Cour de cassation) recently ruled that the principle of exhaustion of rights, which allows consumers to resell physical copies of video games without the consent of the publisher, does not apply to...more

McCarter & English, LLP

Penn State Wins Battle of the Vintage Trademarks

When you see a T-shirt or hat with a recognizable, old logo on it, do you look to the current brand owner as its source? Universities and companies will often try to protect their goodwill in these images even after they have...more

Vondran Legal

Copyright Derivative Work Ideas from Attorney Steve

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According to the United States Copyright Office Circular 14: "A derivative work is a work based on or derived from one or more already existing works. Common derivative works include translations, musical arrangements,...more

Burr & Forman

Tax-Exempt NIL Collectives Warned of “Smarter Enforcement” by IRS in 2025

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The Tax Exempt & Government Entities Division (TE/GE) of the Internal Revenue Service (IRS) recently published a program letter outlining the Division’s priorities in fiscal year 2025. The Division lists “tax-exempt...more

Morris, Manning & Martin, LLP

Penn State Wins Trademark Infringement Case Against Vintage Brand for the Sale of 'Throwback' Merchandise

A Pennsylvania federal jury ruled in favor of Pennsylvania State University, finding that Vintage Brand, an online retailer, willfully infringed on the university's trademarks. The decision marks a significant win for...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - December 2024

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The Canadian Hockey League and its affiliate organizations have been dismissed from an antitrust suit alleging they entered unlawful deals allowing them to exploit junior players and illegally profit from their labor....more

Haug Partners LLP

Excited To Align With LA28? Not So Fast, Says Court

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On July 19, 2024, the United States Olympic & Paralympic Committee (“USOPC”) filed a complaint against performance sports beverage company Prime Hydration, LLC (“Prime Hydration” or “Prime”) in the United States District...more

Furia Rubel Communications, Inc.

Can You Copyright AI-Generated Content? - On Record PR

In this episode of On Record PR, sponsored by Lawline, Jennifer Simpson Carr goes on record with Sean Douglass, associate attorney at Panitch Schwarze, to discuss the impact of AI-generated content on intellectual property...more

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

Penn State Wins On and Off the Field

Pennsylvania State University has secured wins on the field and in court this football season with a 10-1 football record (and likely a College Football Playoff berth), and a jury verdict in its favor in a lawsuit against...more

BakerHostetler

Getting the Most out of Brand Partnerships with Artists ...Lawfully

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In today’s dynamic market, brand partnerships with artists and musicians have become a powerful strategy for companies looking to enhance their visibility and connect with active and aligned audiences. These campaigns can...more

Klein Moynihan Turco LLP

A Fantasy Sports Opinion Letter is a Necessity

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The fantasy sports market was valued at $30.5 billion in 2023. Every year, the industry inches closer to nationwide legalization and regulation. In addition to state law amendments, federal laws and state common law...more

Cooley LLP

Gaming Industry Does Not Owe General Duty of Care to Customers

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In a significant judgment for the gaming industry, the High Court of England and Wales held in Gibson v. TSE Malta LP (t/a Betfair)[1] that gambling operators do not owe a general duty of care to their customers to prevent...more

Bricker Graydon LLP

[Webinar] Launching an Esports Program (Higher Education Panel Discussion) - December 13th, 12:00 pm - 1:00 pm ET

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Join a panel of esports experts, moderated by the Bricker Graydon team, in a discussion of the complexities of launching a collegiate esports program. We’ll discuss both practical and legal challenges, Title IX and gender...more

Proskauer Rose LLP

Three Point Shot - November 2024

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Ninth Circuit Does Flip Turn, Reversing Antitrust Case Against World Aquatics - In a decision that is making waves through the world of competitive swimming, the Ninth Circuit reversed a California district court’s grant...more

Burr & Forman

Florida High School Athletes Can Now Commercialize Their NIL

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In July 2021, Florida became the first state to allow collegiate athletes to earn compensation from the use of their name, image, and likeness (NIL). Three years later, the Florida High School Athletic Association (FHSAA) has...more

K&L Gates LLP

Can Industrial Designs Be Protected by Copyright in the United Kingdom? The WaterRower is Not Protected by Copyright in the United...

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Earlier this month, the Intellectual Property Enterprise Court (IPEC) handed down the long-awaited decision in the WaterRower v Liking [2024] EWHC 2806 (IPEC) case. It is seen as a key judgement exploring the boundaries of...more

Nextpoint, Inc.

Key Discovery Points: Lessons Learned from TikTok’s Redaction Fiasco

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This video kicks off Key Discovery Points, a new series covering ediscovery and legal tech news and current events. Brett Burney of Nextpoint joins Doug Austin of eDiscovery Today to discuss TikTok's recent redaction fiasco...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - November 2024 #4

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The National Football League has paid more than $1.3 billion to settle claims from former professional athletes who suffered neurological damage due to concussions sustained while playing, with 4% of that earmarked for their...more

Genova Burns LLC

Genova Burns talks World Cup with Jim Kirkos, Meadowlands Chamber of Commerce

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Jim Kirkos, Chief Executive Officer of the Meadowlands Chamber of Commerce chats with Of Counsel Bill Heller, Esq., of Genova Burns LLC about the upcoming World Cup impact on New Jersey....more

Jones Day

No-Go on the Logo: Jury Finds in Favor of Penn State on Willful Trademark Infringement Claims

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On November 19, 2024, a jury found that online retailer Vintage Brand LLC and its manufacturer Sportswear Inc. infringed the Pennsylvania State University's ("Penn State") trademarks in connection with the sale of merchandise...more

Foster Garvey PC

This Week's Spotlight: Thankful for Turkey, Sports Deals, and Dad Jokes

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Welcome back to the Spotlight! With next week being Thanksgiving here in these United States, I wanted to take a moment to give thanks for my family, my readers (those first two not being mutually exclusive), my clients, my...more

Bricker Graydon LLP

Title IX’s Journey in Higher Ed: From NIL Beginnings to the House Settlement (Part 2)

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In Part 2 of this series, we’ll delve into how the Title IX regulations align with the terms of the House Settlement. The latest iteration of the settlement agreement received preliminary approval from Judge Wilken on October...more

Pillsbury - Internet & Social Media Law Blog

Ohio Joins Georgia in Prohibiting NCAA from Taking NIL-Related “Adverse Action”

We recently discussed a number of updates in the world of name, image and likeness (NIL) rights. Among those recent developments was the signing by Georgia Governor Brian Kemp of an executive order that, inter alia,...more

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