The Pitch – January 2022

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The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse cross-section of published articles, compelling news and stories, and original content curated and/or created by Arnall Golden Gregory LLP’s Entertainment and Sports Industry Team.

“Art enables us to find ourselves and lose ourselves at the same time.”

Thomas Merton

AGG News

Georgia’s “Name, Image, and Likeness” Law for Student-Athletes Goes Into Effect
January 6, 2022 (Arnall Golden Gregory LLP)
In May, Governor Brian Kemp signed House Bill 617, which goes into effect on July 1, 2021. In doing so, Georgia has joined several other states with “Name, Image, and Likeness” (“NIL”) laws that take effect on this date. The Georgia law, like others around the country, allows student-athletes to profit from their name, image, and likeness through sponsorships, endorsements, personal appearances, autographs, and social media marketing. More >

Industry News

Coachella Wins Restraining Order Against Live Nation Over Similarly Named New Year’s Eve Event
December 21, 2021 (Rolling Stone)
A judge ruled that the original name of the “Coachella Day One 22” concert likely infringes on the annual festival’s trademark. More >

Is Copyright-Free Music the Future of Commercial Music?
December 20, 2021 (Music Business Worldwide)
The idea of releasing music that has no copyright attached to it would probably seem absurd to most people working in the music industry. The point is to at least try to earn money from all uses of music, right? NoCopyrightSounds (NCS) would disagree. More >

How NIL Will Impact Insurance, Taxes and Other Legal Issues for Collegiate Athletes
December 21, 2021 (Law.com)
Changes to the law, both enacted and proposed, mark the start of a lasting potential impact on the legal and tax considerations for college athletes. Perhaps most importantly, students and their families should be cautious and careful when capitalizing on their NIL and signing on any dotted lines. More >

Lawsuit Filed Challenging MLB's Antitrust Exemption
December 20, 2021 (New York Law Journal)
Recently filed lawsuit possibly set the stage for the U.S. Supreme Court to reconsider a 1922 decision holding that baseball leagues were not subject to the Sherman Act. More >

Tarantino vs. Miramax — Behind the ‘Pulp Fiction’ NFT Case, and Who Holds the Advantage
November 24, 2021 (The Hollywood Reporter)
Big-name players are likely to come to blows over NFTs sooner rather than later, and often there's no clear contractual language to determine rights. More >

Prince’s Estate Settles IRS Tax Case
December 7, 2021 (Forbes)
Prince’s Estate has settled its tax dispute with the IRS over the value of the star’s assets on his death. More >

The Crypto Music Industry
December 21, 2021 (The Limial Space)
A framework to understand what a Crypto Music Industry could look like and how it could evolve. More >

Nevermind Baby’s Child-Porn Lawsuit Against Nirvana Dismissed by Judge
January 4, 2022 (Ars Technica)
A federal judge yesterday dismissed the complaint filed against Nirvana by the man who appeared on the band's Nevermind album cover when he was a baby. More >

The Lawsuit That May Pave the Way for a Denver Broncos Sale
December 28, 2021 (The Wall Street Journal)
A decision on the team’s future is expected soon. But first, the team went to court to settle an unexpected claim that someone holds rights of first refusal on a potential sale. More >

Live Nation, Ticketmaster Sued Again for ‘Predatory and Exclusionary Conduct’
January 26, 2021 (NME)
Consumers’ class action suit revisits claims defendants have created a “barrier to entry” in the primary and secondary ticketing markets. More >

Thieves Steal Gallery Owner’s Multimillion-Dollar NFT Collection: ‘All My Apes Gone’
January 6, 2021 (NME)
Consumers’ class action suit revisits claims defendants have created a “barrier to entry” in the primary and secondary ticketing markets. More >

Nas to Let Fans Buy Shares In Streaming Royalties via NFTs on Music Investment Platform Royal
January 6, 2021 (Music Business Worldwide)
Fans were given the opportunity to invest in Nas’s music by buying shares in the royalties earned from streaming for two of his tracks: Ultra Black, the lead single from his 2021 Grammy Award winning-album King’s Disease, and Rare, a single from follow-up 2022 Grammy Award-nominated album, King’s Disease II. More >

Concerts In The Metaverse Are Making Artists Millions
November 18, 2021 (Forbes)
Virtual concerts and the future of "live" music. More >

At Least $5 Billion Was Spent On Music Rights Acquisitions In 2021. Could 2022 Be Even Bigger?
January 10, 2022 (Music Business Worldwide)
Based on confirmed prices and information from industry sources – at least $5.05 billion was spent on catalog and music rights acquisitions across the 60-plus big-money deals we reported on during last year. More >

The Secret Sauce of Georgia’s Extraordinary Film Industry: Georgians
January 11, 2022 (Georgia Entertainment News)
Homegrown educational oppotunities and training resources are proving to be game-changing for the Georgia film industry. More >

Student Athletes File Lawsuit Challenging Boundaries of Florida Compensation Rules
January 12, 2022 (JURIST Legal News & Research Services, Inc.)
Two Florida student athletes filed a lawsuit against the Florida High School Athletic Association (FHSAA), the National Federation of State High School Associations and the National Collegiate Athletics Association alleging that the FHSAA currently prevents Florida high school athletes from profiting off their name, image, and likeness (NIL). More >

Cardi B Awarded $1.25 Million in Defamation Lawsuit Victory Over Tasha K
January 24, 2022 (Rolling Stone)
Cardi B won her defamation case against celebrity blogger Latasha Kebe — known as Tasha K — on Monday. The jury awarded the rapper $1.25 million in damages after a trial in federal court in Georgia.. The rapper sued the blogger for defamation, invasion of privacy and intentional infliction of emotional distress over false claims she had herpes, used cocaine, and worked as a prostitute. More >

Jay-Z Leads Group of Musical Artists Supporting New York's 'Rap Music on Trial' Bill to Change Rules of Evidence
January 20, 2022 (Law.com)
A group of musical artists including Jay-Z and Meek Mill on Wednesday sent a letter urging New York legislators to pass legislation that would change the rules of evidence to make a defendant’s “creative expression,” including rap lyrics, inadmissible at trial. Under the “Rap Music on Trial” bill, the proffering party would have to overcome the presumption of inadmissibility by proving that the lyrics or other material were meant to be literal, are relevant to a disputed issue of fact and have “a strong factual nexus … to the specific facts of the crime alleged.” More >

People ask me, 'Don't you ever run out of ideas?' Well, on the first place, I don't use ideas. Every time I have an idea, it's too limiting and usually turns out to be a disappointment. But I haven't run out of curiosit.

Robert Rauschenberg

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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