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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.

Big Loss For News Media In Copyright Case: Where Is Your Server, And Why Do I Care?

by Fox Rothschild LLP on

The digitization of content is forcing courts to take a fresh look at basic copyright concepts. The Disney v. Redbox case that I’ve recently blogged on addressed whether a digital download code is a “copy” of a work. Now a...more

Communications Accessibility in Games: What Game Developers Need to Know

by Kelley Drye & Warren LLP on

Starting January 1, 2019, any new video game software that is capable of accessing or using an advanced communications service (ACS) must include solutions to eliminate barriers to accessibility for people with disabilities....more

European E-Commerce Markets: Competition Initiatives for 2018

by Morrison & Foerster LLP on

Summary - As part of the EU’s Digital Single Market initiative, the European Commission has been working to identify potential competition concerns affecting European e-commerce markets. The Commission suspects that...more

Instagram’s Effect On The Art World

by Fox Rothschild LLP on

In recent art world news, popular social media site Instagram has been having a significant effect on the art world since its launch in 2010. The photo and video sharing app has evolved into the cornerstone of the art world...more

Does Your Trademark Have Relevant Artistic Expression?

by Newmeyer & Dillion LLP on

Traditionally speaking, we think of a ‘trademark’ protected under the Lanham Act as a mark used to identify and distinguish a good or service from other goods and services on the market. But what if the purported ‘trademark’...more

Global Media Sector Trends 2018: Seizing new commercial opportunities and tackling emerging threats

by DLA Piper on

DLA Piper's new Global Media Sector Trends 2018 report explores how new commercial opportunities are being created by disruption, specifically in relation to the rise of over-the-top (OTT) content, virtual / augmented reality...more

An Uphill Battle Protecting Fashion Designs In Nigeria and Abroad

Growing frustration in the fashion community regarding weak or non-existent intellectual property laws has finally caught the attention of some nations. Nigeria is one nation that currently is trying to alleviate this...more

Portland, Oregon – Future Olympic City?

by Tonkon Torp LLP on

Last month, Portland hosted the U.S. Synchronized Skating Championships. While not likely what comes to mind when thinking of major sporting events, it nonetheless drew a lot of visitors to the city, with an economic impact...more

Second Circuit Holds News Video Clip Search Engine Is Not Fair Use

by Snell & Wilmer on

The Second Circuit held yesterday in Fox News Network, LLC v. TVEyes, Inc., that a media service offering a search engine of video clips from news networks violates copyright law. On appeal, the Second Circuit held that such...more

FTC Announces Settlement on Privacy Protection Violations

by Weiner Brodsky Kider PC on

The FTC recently reached a settlement with an online talent search company regarding alleged violations of the Children’s Online Privacy Protection Act (COPPA), which is aimed at protecting the safety and privacy of children...more

Federal Judge Rules Embedded Tweet Violated Copyright

In a surprising ruling, U.S. District Court Judge Katherine B. Forrest, recently ruled that several news organizations and publishers violated a photographer’s copyright when they “embedded” a photo from Twitter on their...more

IAB Seeks to Influence Marketers, Publishers With Influencer Guidance

Need help with influencer marketing? The Interactive Advertising Bureau has published a new guide that publishers and marketers can use to maximize their influencer marketing programs....more

Question Mark Leaves Court Questioning Defamation Claim

Demonstrating the power of punctuation, actor James Woods dodged a Twitter defamation suit after a federal court judge found that his use of a question mark meant his tweet was not a false statement of fact and merely invited...more

11th Circuit Affirms Dismissal of Defamation Claim Against Law Firm for Its Internal Investigation

by Akin Gump - Excubitor on

In a decision is sure to assuage the concerns of those engaged in conducting internal investigations, the 11th Circuit ruled last month that the law firm authors of an investigative report on the culture within a professional...more

Caution: Olympic Marks Ahead Staying In-bounds with the U.S. Olympic Comittee

Beginning February 9th, the eyes of those interested in athletic endeavor and spectacle will turn to Pyeong Chang for the 2018 Winter Olympic Games. As a brand owner, it is tempting to get caught up in and exploit the...more

Cleveland Indians To Discontinue Use Of Chief Wahoo On Player Uniforms; Limited Use Of The Logo To Continue In Order To Preserve...

by Ladas & Parry LLP on

Although the Supreme Court recently ruled that disparaging trademarks are protected by the First Amendment freedom of speech in Matal v. Tam, the Cleveland Indians have announced that they will cease use of their “Chief...more

MarkIt to Market® - January 2018

January marks the 50th issue of Sterne Kessler's MarkIt to Market® newsletter. This issue discusses Olympic marks ahead of the upcoming winter games, covers new protection for certification marks in the EU, provides an update...more

WIPO – No fan site for tribute band

by Hogan Lovells on

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a panel ordered the transfer of a domain name that exactly matched the name of a...more

11th Circuit Affirms Dismissal of Ex-NFL Coach's Defamation Action

by Ballard Spahr LLP on

A federal appeals court has ruled that a former Miami Dolphins coach—accused of bullying a player—did not have a valid defamation claim against a law firm that investigated the team's locker room culture....more

What’s In a Name?

by Burns & Levinson LLP on

Question: What do Sean Combs, J.K. Rowling, LeBron James, Lionel Messi, and Mark Wahlberg have in common? Two things, actually. First, they are all listed on the Forbes 2017 Celebrity 100 List; second, they all have gone to...more


Tonight is the start of the 23rd Winter Olympic Games in Pyeongchang, South Korea. For the next month, people will cheer and support their country’s athletes as they engage in physical feats that seem to defy human...more

Trademark Law Offers Scant Protection When Bad Things “Happen” to Good Marks

There was a lot of discussion recently about the episode of NBC’s This Is Us, which implicated a faulty switch on a Crockpot® in the death of the family’s beloved patriarch, Jack Pearson. The manufacturers opened a Twitter...more

BMG V. Cox Is Major Copyright Victory For Music Industry

by Morrison & Foerster LLP on

While reversing and remanding for a new trial in light of certain errors in the jury instructions, the Fourth Circuit Court of Appeals has largely sided with the copyright holders in the dispute between BMG Rights Management...more

Copyright Office Clarifies Rules on Protection and Damage Award Linked with Group and Database Copyright Applications

by Vedder Price on

With the continued growth of Internet-related new technologies, authors, website operators and photographers are producing larger and larger volumes of digital content. The Coalition of Visual Artists surveyed 1,744...more

Appeals Court Rejects DOJ Expansive Interpretation of Music Consent Decree

by Jones Day on

The Background: Since 1941, performing rights organizations ("PROs"), which pool the copyrights held by a work's composer, songwriter, and publisher and collectively license those rights to music users, have been subject to...more

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