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 & Sports industry team.
“Art enables us to find ourselves and lose ourselves at the same time.” – Thomas Merton
AGG News
Matt Wilson and Tucker Barr Publish Article on Street Art and Property Owners’ Rights
To the casual observer, it appears that Atlanta is undergoing somewhat of an artistic renaissance. From the Beltline Trail to the Krog Street Tunnel to the Old Fourth Ward’s LOUDHAUS, visual artists, sculptors and muralists are transforming barren cityscapes and empty spanning walls into their respective artistic visions. And while large-scale, mural advertisements have long existed, the popularity of “street art” is a more recent development. From Art Basel to the installation-rich landscapes of Coachella and Shaky Knees Music Festival, street art has achieved cultural relevance and acceptance with artists such as Banksy and Shepard Fairey legitimizing the medium that was once dismissed as petty vandalism unworthy of serious appreciation. Atlanta resident and internationally acclaimed visual artist Greg Mike believes that “art in the streets… is one of the major reasons [Atlanta] is blossoming and becoming a creative capital…” According to Mike, “Atlanta is now on the hit-list of destination locations for folks looking to see work on the streets.”
(Source: Arnall Golden Gregory LLP, March 12, 2018)
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Industry News
'Vape' Is the Word: U.S. Judge Allows 'Grease' Parody
A judge ruled that “Vape: The Musical,” which mocks the blockbuster 1978 film “Grease,” amounted to fair use and did not infringe the rights of owners of the “Grease” copyright. Chief Judge Laura Taylor Swain of the Manhattan federal court said Sketchworks Industrial Strength Comedy, the Atlanta troupe that created “Vape,” transformed “Grease” by updating it for the #MeToo era and exposing its misogynistic tendencies.
(Source: Reuters, May 12, 2022)
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NCAA Clarifies Compensation Rules but Is Crackdown Likely?
NCAA approved guidance clarifying the types of NIL payments and booster involvement that should be considered recruiting violations.
(Source: Fox News, May 9, 2022)
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VEVA Sound and SoundExchange Announce New Data-Sharing Partnership
VEVA Sound and SoundExchange announced their partnership centered on increasing royalty payments’ accuracy and efficiency. The data partnership utilizes the latest cloud-based technology, making it easier for creators registered with SoundExchange to receive royalties.
(Source: Digital Music News, May 6, 2022)
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Songwriter’s Heirs Can’t Reclaim Rights to Elvis Hit, Judge Rules
Blake Brittain at Reuters reports that the estate of Hugo Peretti, the songwriter that co-wrote the Elvis Presley hit Can’t Help Falling in Love, has lost an appeal to try and reclaim their rights to the composition.
(Source: Plagiarism Today, May 5, 2022)
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Algorithms, Promoted Content Don't Take Pinterest Outside of DMCA's Safe Harbor
Pinterest algorithms that place user-uploaded content side-by-side with paid advertising do not take the website outside of the Digital Millennium Copyright Act’s safe harbor.
(Source: LAW.COM, May 4, 2022)
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Tyga Sneaker Designer Wants Appeals Court to Overturn Vans Ruling
In a notice filed in court late Monday, MSCHF said it would launch an appeal to the U.S. Court of Appeal for the Second Circuit seeking to overturn the Friday decision, which said Tyga’s sneaker had “striking visual similarities” to Vans’ Old Skool and had likely violated trademark law. The move sets the stage for a closely-watched appeal over the balance between free speech and intellectual property.
(Source: Billboard, May 3, 2022)
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Georgia Offers Big Filmmaking Incentives, How About Other States?
Georgia may be known for being one of the biggest international airline hubs in the nation, but another industry is becoming a profitable industry for the Peach State.
(Source: WJBF.COM, May 2, 2022)
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Blac Chyna Awarded No Damages in Defamation Case Against Kardashians
A Los Angeles jury on Monday found that Kim Kardashian and her family did not unjustly harm the career of model Blac Chyna The civil panel had been deliberating since Thursday and returned verdicts in favor of Kardashian, her mother, Kris Jenner, and her sisters Khloe Kardashian and Kylie Jenner.
(Source: NBC News, April 30, 2022)
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How NCAA Athletes and Brands Can Avoid Big Mistakes in NIL Influencer Agreements
Thousands of college athletes are entering the influencer marketplace for the first time. College athletes now find themselves attractive candidates in the fast growing influencer marketing arena. With the FTC Commissioner taking a closer look at the use of influencers for marketing, student athletes and brands should take care when entering into the influencer marketing arena.
(Source: LAW.COM, April 28, 2022)
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Warner Music Group Launches In-House Podcast Network, Interval Presents
Company will produce multi-format audio content at the intersection of music, pop culture, and social impact.
(Source: PR Newswire, April 26, 2022)
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The Netflix Bubble Is Finally Bursting
The days of seemingly unlimited new content from the streamer appear to be ending.
(Source: The Atlantic, April 26, 2022)
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US Supreme Court Declines To Answer Key Question for Dealing With Song-theft Disputes
The US Supreme Court has declined to hear a song-theft dispute in relation to ‘You Raise Me Up’, the song made famous by Josh Groban or Westlife depending on where you live. Lawyers for the Icelandic writer who claimed that ‘You Raise Me Up’ ripped off his earlier work ‘Söknuður’ wanted the Supreme Court to intervene in the dispute, mainly based on the argument that the US courts have proven inconsistent when considering cases of this kind. But the highest court in the US isn’t seemingly up for hearing that argument.
(Source: Complete Music Update, April 26, 2022)
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Music Advertising Has a Streaming Attribution Problem – and Artists Are the Ones on the Hook for It
This is a deep-dive into the metrics at the heart of many modern-day music campaigns, questioning – and offering alternative solutions to – some of today’s prevalent thinking. It’s certainly essential reading for anyone involved in – or paying for – the decision-making that determines the success or failure of a campaign, as well the measurement of it.
(Source: Music Ally, April 25, 2022)
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Cher’s $1 Million Royalty War With Sonny Bono’s Widow Tested in Court
Royalty rights are not rights under the Copyright Act,” Cher’s lawyer argued at a hearing as he challenged Mary Bono’s claim that federal copyright law trumps Sonny and Cher’s 1978 divorce agreement. In her lawsuit, Cher claims Mary Bono, 60, and the Bono Collection Trust are trying, illegally, to terminate her 50% share of the composition and recording royalties for Sonny & Cher songs she was awarded in her 1978 divorce. According to Mary Bono, that 50% stake has expired, with the rights flowing back to Sonny’s heirs.
(Source: Rolling Stone, April 25, 2022)
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Concert Ticket Prices Soar on Consumer Demand, Not Just Inflation
Strong fan interest in better seats and experiences prompts more aggressive pricing at box office; ‘definitely worth the price’
(Source: The Wall Street Journal, April 23, 2022)
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Spaceflight Records' Nonprofit Clears for Takeoff
An ambitious vision for debt-free record deals attracts notable music industry interest.
(Source: The Austin Chronicle, April 22, 2022)
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Supreme Court Revives Lawsuit Involving a Multi-Million-Dollar French Painting, Nazis and Spanish Museum
The U.S. Supreme Court in a unanimous ruling Thursday resurrected a lawsuit over the ownership of a French painting — now in the possession of a renowned museum in Spain — that a Jewish woman surrendered to the Nazis in 1939 so that she could flee Germany. The Supreme Court’s ruling gave new hope to the Cassirer family that it will recover the Camille Pissarro painting, titled “Rue Saint-Honoré in the Afternoon, Effect of Rain,” which is in the possession of the Thyssen-Bornemisza Collection Foundation in Madrid.
(Source: CNBC, April 22, 2022)
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Yankees Lose Appeal to Keep Sign-Stealing Letter Sealed
The letter in question was written by the commissioner of the MLB to the Yankees’ general manager and revealed the “results of an internal investigation, which plaintiffs allege contradicted a subsequent MLB press release on the same subject.” The U.S. Court of Appeals for the Second Circuit denied the cross-appeal by the New York Yankees to keep a letter from being released publicly. The Yankees argued they would suffer “significant and irreparable reputational harm” if the letter is published.
(Source: LAW.COM, April 21, 2022)
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Austin Internet TV Company Sues IMDb TV for Trademark Infringement
The plaintiff is asking for a temporary restraining order and preliminary injunction to enjoin IMDb from using the Freevee name, and the recovery of damages and attorney fees.
(Source: LAW.COM, April 21, 2022)
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New Mexico Fines 'Rust' Movie Producers $139,793 for Firearms Safety Failures
New Mexico workplace safety regulators on Wednesday issued the maximum possible fine against a film production company for firearms safety failures on the set of "Rust" where a cinematographer was fatally shot in October 2021 by actor and producer Alec Baldwin.
(Source: NPR, April 20, 2022)
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Jerry West Hates His “False and Defamatory Portrayal” in Winning Time
Jerry West is not a big fan of Winning Time, the HBO series that chronicles the rise of the Los Angeles Lakers dynasty in the late 1970s and early 1980s. West, an NBA Hall of Famer who served as the team’s head coach and general manager in this era, is demanding a retraction from HBO and Winning Time producers for what his attorney describes as a “false and defamatory portrayal.”
(Source: Vanity Fair, April 20, 2022)
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A Stanford Psychologist Says He’s Cracked the Code of One-Hit Wonders
For decades, psychologists have puzzled over the ingredients of creative popularity by studying music, because the medium offers literally millions of data points. Is the thing that separates one-hit wonders from consistent hitmakers luck, or talent, or some complex combination of factors? I did my best to summarize their work in my book, Hit Makers. This month, the Stanford psychologist Justin Berg published a new paper on the topic and argued that the secret to creative success just happens to hinge on the difference between “No Rain” and Shania Twain.
(Source: The Atlantic, April 17, 2022)
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Fans Are Spending More Money at Concerts Than Ever Before
The average ticket price has jumped 10% from 2019, while spending on parking and merchandise is up even more.
(Source: Bloomberg, April 17, 2022)
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Billy Joel Settles Lawsuit That Claimed He Ripped Off Home Renovation Plans
In a filing Thursday, a Long Island contractor agreed to end a lawsuit claiming that Joel and others ripped off copyrighted architectural designs for a renovations project at his Oyster Bay mansion. The contractor claimed they were abruptly fired and the plans were illegally handed over to a new builder.
(Source: Billboard, April 15, 2022)
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Super League Bitterness, Now Playing in a New York Court
In a court filing this week in New York, a prominent American entrepreneur accused the president of European soccer’s governing body of “declaring war” on him to prevent him from organizing a series of exhibition games in North America featuring three teams — Real Madrid, Barcelona and Juventus — who remain committed to the idea of a breakaway European league.
(Source: The New York Times, April 15, 2022)
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Three Different Lawsuits Claim Excessive Violence by Dodger Stadium Security Toward Fans
Three separate lawsuits were filed earlier this week claiming excessive violence by Dodger Stadium security personnel toward the team's fans during the 2021 season, listing assault, battery, false imprisonment, violation of civil rights and emotional distress among the accusations.
(Source: ESPN, April 14, 2022)
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AGs Call Foul on NFL Gender Discrimination; Congress Flags Financial Irregularities by Washington Commanders
A coalition of six state AGs, led by New York AG Letitia James, issued a letter to NFL Commissioner Roger Goodell expressing concern over the gender-based discrimination and hostile work environment allegations recently reported by the New York Times. In another regulatory development for the NFL, the House Committee on Oversight and Reform sent a letter to the FTC detailing claims of extensive financial irregularities within the Washington Commanders organization, including the involvement of team owner Dan Snyder, following an investigation into the team’s operations.
(Source: The State AG Report, April 14, 2022)
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Emily Ratajkowski Lawsuit Over Paparazzi Photo Settles
A photographer sued the actress after she posted in an Instagram Story a photo he took of her. The case could've impacted the use of images with valid copyrights on social media.
(Source: The Hollywood Reporter, April 13, 2022)
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Brain-Injury Litigation Spreads to Other Sports After Huge NFL Settlement
Professional football has seen its share of litigation over brain injuries among players, but a growing number of head-injury suits are surfacing in other sports.
(Source: LAW.COM, April 12, 2022)
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Judges in the US Have Hinted That the Mechanical Royalty Rate Paid to Publishers and Songwriters for Vinyl Sales Should Rise. The Major Labels’ Lawyers Have Come Out Swinging.
MBW brings you the blow-by-blow of an extraordinary legal battle taking place in the US.
(Source: Music Business Worldwide, April 12, 2022)
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NIL Collectives Ready to Reshape College Sports Recruiting
University compliance and legal teams have a new challenge: the proliferation of nonprofit collectives formed by boosters and alumni to raise name, image and likeness money for a school’s athletes. Colleges aren’t supposed to use NIL for recruiting, but that is effectively what’s happening as the NIL dollars give an athlete another reason to pick a school, sports attorneys and others tracking the trend say.
(Source: LAW.COM, April 11, 2022)
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The Fake Artists Problem Is Much Worse Than You Realize
The fake artist problem on streaming platforms is far more ominous than it seems at first glance. You might think this can’t be much different than a cover band, no? Or, at worst, maybe it’s just another form of music piracy, which has been happening for ages. In fact, the problem is much worse than these.
(Source: The Honest Broker, April 9, 2022)
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'Billions' Actor Not Obligated to Continue Paying Commission to Former Talent Manager
In an action stating claims sounding in breach of contract, quantum meruit, and unjust enrichment, plaintiff talent management company sought to recover as a commission 15% of the earnings of defendant, an actor in Showtime’s “Billions” and former client of plaintiff, for work defendant performed in productions after defendant terminated plaintiff.
(Source: LAW.COM, April 4, 2022)
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Damon Dash Reportedly Ordered To Pay Over $800K In Copyright Infringement Lawsuit
The co-founder of Roc-A-Fella Records has been ordered to pay Josh Webber and Muddy Waters Pictures more than $800,000 to settle the company’s lawsuit for defamation and copyright infringement.
(Source: AFROTECH, March 31, 2022)
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Epic Games Hit With Another Lawsuit Over Fortnite Dance Moves
A YouTuber and choreographer is the latest content creator to sue Epic Games over Fortnite’s use of a dance move. This time, Kyle Hanagami says he has copyrighted the dance in question, which he says was copied by the “It’s Complicated” emote introduced in August 2020. Hanagami in 2017 choreographed a dance to Charlie Puth’s “How Long,” publishing it in a video that has since drawn 35.7 million views. Hanagami’s complaint, filed Tuesday in federal court for the Central District of California, alleges that Epic stole the “hook” of his dance, and uses it at the beginning of the “It’s Complicated” emote without Hanagami’s consent.
(Source: Polygon, March 29, 2022)
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Brad Pitt Sues Angelina Jolie Over Sale of the Winery Where They Got Married
Brad Pitt is suing ex-wife Angelina Jolie over what he says was the unauthorized sale of her stake in Chateau Miraval, the French wine estate that he says is now successful because of his “sweat equity” and his solo financial investments. A civil case filed Thursday in Los Angeles says Jolie used legal means to skirt their understood contractual terms and sold to an “aggressive third-party competitor” — a conglomerate owned by Russian vodka billionaire Yuri Shefler — that Pitt says is trying to take over his Miraval rosé business.
(Source: Los Angeles Times, February 28, 2022)
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Starz’s ‘P-Valley’ Slapped With Lawsuit, Accused of Ripping Off Play About Strip Club
A lawsuit claiming copyright infringement was filed in Atlanta, Georgia, on Wednesday against Lionsgate Entertainment and Starz over their series “P-Valley.” Plaintiff Nicole Gilbert-Daniels alleges the hit show, which debuted in July 2020, has several notable similarities to her musical stage play, “Soul Kittens Cabaret,” which was released on DVD in 2011.
(Source: TheWrap, January 13, 2022)
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Eminem Publisher Sues Spotify Claiming Massive Copyright Breach, “Unconstitutional” Law
Eminem's publisher Eight Mile Style has filed a major new lawsuit claiming Spotify has infringed hundreds of song copyrights and challenging the constitutionality of a recently passed music licensing law.
(Source: The Hollywood Reporter, August 19, 2021)
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No amount of skillful invention can replace the essential element of imagination.
—
Edward Hopper
