Can My Band Cover Another Famous Song? — No Infringement Intended Podcast
The Briefing: Not Terminated - Cher Still Entitled to Her Share of Music Royalties
The Briefing: Not Terminated - Cher Still Entitled to Her Share of Music Royalties (Podcast)
SCOTUS applies the "discovery rule" in timely copyright infringement claim; Cher wins in Marital Settlement Agreement vs Copyright Grant Termination Notices; Student Athletes Win Revenue Share and NIL
Entertainment Law Update Episode 160 – August/September 2023
NFTs and Your Business – Separating Fact From Fiction
NFT Perspectives: A Discussion With Artist and Filmmaker Haik Kocharian
JONES DAY PRESENTS®: Nonfungible Tokens and the Gamification of Markets
Navigating the Once-Obscure German Nonresident Withholding Tax
Nota Bene Episode 111: Charting the New World of Music Royalty Investment with Sid Fohrman
Nonpublication Requests For Patent Applications: Disadvantages
Jones Day Talks Intellectual Property: Blurrier Lines and Narrow Grounds—Implications of the Ninth Circuit’s Blurred Lines Decision
A Focus on Energy: Royalty Trusts
Instapundit: America's IP Laws Need to be "Pruned Back"
I. INTRODUCTION - Brand license agreements can drive business growth and brand recognition. By granting rights to use, develop, and commercialize technology and other IP (such as trademarks), license agreements enable...more
Technologies such as Wi-Fi, 5G and 4G LTE, and high-fidelity video streaming are ubiquitous in modern products. In fact, a huge portion of everyday technologies is based on technical standards like these, and that portion is...more
Seventeen years after losing the 2008 Formula 1 World Championship by a single point to Lewis Hamilton, the former Ferrari driver Felipe Massa is now taking legal action....more
In Rex Medical, L.P., v. Intuitive Surgical, Inc. (“Rex”), the Federal Circuit affirmed the District Court’s reduction of a jury award from $10 million to $1. At trial, with no damages experts testifying, a jury awarded $10...more
In Texas, legal battles over the subsurface have typically focused on what comes out of the ground: oil, gas, and minerals. But as subsurface use evolves, it raises a new question: Who owns the empty space left once minerals...more
While many video games often feature original Intellectual Property (IP) owned by the game developers themselves, oftentimes new games are created using preexisting third party IP – think a video game based on a popular TV...more
Ambiguity is handy for office-seekers intending to walk back “promises” they later say they really didn’t make. It doesn’t work so well for the stability of land titles. In Thagard Mineral Partnership, LP v. Cass v. RIM, LLP,...more
On September 30, 2025, the U.S. District Court for the Northern District of California ordered Biogen MA, Inc. (“Biogen”) to pay Genentech, Inc. (“Genentech”) $88,348,123 in unpaid royalties plus interest. The parties...more
Continued capital market volatility, coupled with a costly, tightening, and oftentimes burdensome debt landscape, has driven royalty monetization transactions into the mainstream as life sciences companies increasingly seek...more
It is not often you get a chance to undo the mistakes of your youth. If you are a musician who signed away the rights to your songs in publishing or record deals in the late 1980s or early 1990s, now is the time to get those...more
Magistrate Judge Vera M. Scanlon (E.D.N.Y.) recently recommended that, inter alia, Defendant Mastercard’s motion for judgment on the pleadings based on Plaintiff’s failure to abide by an agreement be granted. Alexsam, Inc. v....more
Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more
A federal court in California recently denied a franchisee’s motion to dismiss two of a franchisor’s counterclaims, each related to the loss of future royalties for the termination of the parties’ franchise agreements,...more
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...more
As personal branding becomes a central axis of sports business, professional athlete contracts are evolving to reflect that reality. Nowhere is this shift more evident than in the NFL rookie contract of Shedeur Sanders,...more
In 2024, the Federal Circuit set forth a standard for determining whether extraterritorial sales activity could be considered in a reasonable royalty award for patent infringement. Here, we summarize the court’s opinion in...more
Arizona’s recent creation of a Name, Image, and Likeness (NIL) law has transformed opportunities for student-athletes. For the first time, state universities can directly compensate athletes for the use of their NIL and...more
In a recent 44-page ruling, the Interior Board of Land Appeals (Board) vacated in full, without remand, an Order to Perform Restructured Accounting and Pay (Order) issued by the Office of Natural Resources Revenue (ONRR) that...more
Trademark licensing allows brand owners to authorize others to use their mark in connection with goods or services—often in exchange for royalties or business partnerships. When done properly, licensing can strengthen a brand...more
City of Crowley v. TotalEnergies E&P USA, is a post-production cost (PPC) case with a predictable result. The Fort Worth Court of Appeals confirmed its reasoning in Shirlaine W. Props. Ltd. v. Jamestown Res., L.L.C from 2021,...more
District court dismisses SoundExchange’s suit against Sirius XM Radio seeking $150 million in alleged unpaid royalties, finding that “licensing and enforcement of rights” under Section 114 of Copyright Act is not synonymous...more
On August 7, 2025, a federal district court dismissed the complaint in a lawsuit brought by SoundExchange, Inc., an independent nonprofit representing owners of copyrighted sound recordings that sought underpaid royalties...more
Judge Naomi Reice Buchwald of the U.S. District Court for the Southern District of New York dismissed SoundExchange's $150 million lawsuit against SiriusXM, finding that the performance rights organization lacks legal...more
Increasingly, plaintiffs in patent infringement suits are projecting sales through the expiration of the patent, discounting for present value, and then calling the resulting figure a “lump sum” royalty. ...more
A Connecticut Little League and its national parent company have pushed back against a group of parents accusing them of not properly training volunteer coaches, saying that the organization they represent does not actually...more