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Art, Entertainment & Sports Intellectual Property

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

“Blurred Lines” Infringes Gaye’s “Got to Give it Up”, Ninth Circuit Holds

by Genova Burns LLC on

Yesterday, a divided panel of the Ninth Circuit Court of Appeals largely affirmed a trial court judgment finding that Pharrell Williams, Clifford Harris and Robin Thicke’s 2013 hit single “Blurred Lines” infringed upon the...more

Ninth Circuit Reviews Copyright Infringement Suit Over ‘Jumpman’ Logo

Nike won a challenge to its “Jumpman” logo when the U.S. Court of Appeals for the Ninth Circuit affirmed the lower court dismissal of a copyright infringement suit brought by a photographer....more

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

Did The 9th Circuit “Blur the Lines” in its Latest Music Copyright Case?

by Dorsey & Whitney LLP on

As we entered the first full day of the equinox yesterday, a split panel of the Ninth Circuit Court of Appeals handed the heirs of Marvin Gaye a decisive victory that will no doubt leave them with a spring in their steps. The...more

Musical Artists Having A “Party and Bulls***” After Copyright Infringement Suit Dismissed

by Dorsey & Whitney LLP on

Several musical artists, producers, publishers and songwriters, including the estate of the Notorious B.I.G and Rita Ora, are celebrating after a U.S. District judge for the Southern District of New York dismissed a copyright...more

Did She Or Didn’t She?

This is the question a court in the Southern District of New York will be dealing with in a recent lawsuit filed against Destiny Hope, a/k/a Miley Cyrus and others. Does Miley’s chart topping 2013 hit song “We Can’t Stop”...more

Artist Sues Lollapalooza Over Advertising and Festival Merchandise

by Reed Smith on

Last month, Juan Marco filed a copyright infringement suit against Live Nation and the other promoters of the summer music festival, Lollapalooza. According to the complaint, Marco granted a limited license to the concert...more

Notorious B.I.G Estate Evades Copyright Lawsuit

by Robins Kaplan LLP on

The estate of Christopher Wallace, better known as The Notorious B.I.G. or Biggie Smalls, reigned supreme last week in the Southern District of New York after U.S. District Judge Alison J. Nathan dismissed a copyright suit...more

“Party and Bull****” Copyright Plaintiff Serves Up Fair Use Defense With Political Critique

Here’s a tip for copyright owners. Your infringement complaint is not a good place to make political distinctions between the purpose of your work and that of the defendant’s. See that buzz saw you are walking into? It’s...more

Embedded Tweet May Constitute Copyright Infringement

In a decision making headlines, a New York federal court judge held that a tweet embedded in news stories may constitute copyright infringement....more

No “Happy Together” Ending for Common Law Public Performance Rights in Florida

by McDermott Will & Emery on

In a multi-jurisdictional dispute between a band and a satellite radio provider, the US Court of Appeals for the 11th Circuit adopted reasoning similar to that of the New York Court of Appeals (IP Update, Vol. 20, No. 3) in...more

Regaining Ownership of Copyright: Traps for the Unwary in UK and US Copyright Law

by Reed Smith on

The copyright laws of both the UK and the US include provisions for reversion and for termination of transfers of copyright that are only too easy to overlook when conducting due diligence or other chain of title...more


I’m counting down the minutes to leaving my office later today to begin my favorite weekend of the year – the first weekend of the NCAA Tournament! Even though my bubble was bursted on Selection Sunday – my team didn’t make...more

Former Band Member Must Sail On Down the Line

by McDermott Will & Emery on

The US Court of Appeals for the 11th Circuit upheld a permanent injunction precluding a musician from using the trademarks of his former band. Commodores Entertainment Corp. v. Thomas McClary, Case No. 16-15794 (11th Cir.,...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

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

Second Circuit Rejects Fair Use Defense in TVEyes, Finds Online Service Liable for Direct Copyright Infringement

On February 27, 2018, in Fox News Network, LLC v. TVEyes, Inc., Case No. 15-3886 (2nd Cir. 2018), the U.S. Court of Appeals for the Second Circuit held that certain functions of TVEyes, a TV database service, do not qualify...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

The PHILLY SPECIAL Isn’t So Special

Well, it is the end of February and the Super Bowl hangover in Minneapolis might finally be over. But that doesn’t mean there isn’t still time to analyze trademarks related to the Big Game. Much ado was made about the Eagles’...more

Swift Shakes Off Copyright Infringement Lawsuit

by Dorsey & Whitney LLP on

Pop artist Taylor Swift shook off a copyright infringement lawsuit filed by Sean Hall and Nathan Butler in the U.S. District for the Central District of California, Sean Hall d.b.a. Gimme Some Hot Sauce Music, et al. v....more

Multimillion Dollar “Moral Rights” Judgment for 5Pointz Graffiti Artists

It’s been a few years since we first wrote about the 5Pointz dispute, where graffiti artists first tried to prevent the destruction of their works by the owner of the spray-painted buildings, and then sought money damages for...more

“Brother Thelonious” Monk’s Likeness Protectable Decades After Death

Earlier this month, a California federal judge kept alive a suit brought by the estate of famous jazz musician Thelonious Monk against North Coast Brewing Co. for trademark infringement and infringement of the right of...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

Beyoncé, Coldplay and Ed Sheeran Skating Debuts - Solid Gold at the Olympics

by Dorsey & Whitney LLP on

With the lifting of the International Skating Union ban on the use of music with lyrics, the Olympics in Pyeongchang is the first in which singles and pairs ice skaters can compete to music with lyrics (Ice Dancers have been...more

Gaming & Hospitality Legal News: Volume 11, Number 2 - The More Things Change, The More They … Change: Recent Developments In...

by Dickinson Wright on

Executive Summary and Takeaway: Trade secrets and confidential information are receiving increasing protection in many states, and as more states perceive this as a "business friendly" issue, this trend will continue and...more

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