eSports: What Teams and Players Need to Know About Endorsement Deals
The explosion of the professional eSports industry has created significant commercial opportunities for teams and individual players alike. As viewership for tournaments and online livestreams increases, and leading eSports personalities grow impressive social media footprints, eSports is increasingly perceived by certain brands as an important component in their marketing, social media and outreach strategy –
From Book Page to Musical Stage: Three Thoughts on Acquiring Underlying Rights for Theatre
Broadway has long embraced a variety of source material to inspire generations’ worth of our best-loved shows. Over the last decade, six out of ten winners of the Tony® Award for Best Musical have been adapted from an array of novels, films, musical songbooks and even comics. Kinky Boots, Once and Billy Elliott all started
You Can’t Have Your Cake and Eat It Too – A Lesson in Contract Remedies from the Kardashians
Like it or not, the Kardashian clan has brought many cultural influences to the 21st century, but, for most, a lesson in bright-line legal rules does not come to mind. But the queens of reality TV are full of surprises. A recent court case of theirs served as a reminder of the old idiom “you
Pokemon Go Home! How Will the Popular App Fare in the Wake of the Recent Class Action Nuisance Claims Brought Against Its Creators?
While some reports state that its wild popularity may be waning,[1] there is no denying that Pokemon Go, the “augmented reality” mobile game application developed by Niantic, Inc. and partially owned by Nintendo, was the digital hit of the summer of 2016. Since exploding onto the scene in early July, much cyber-ink has been spilled
Third Circuit Upholds Jury’s Award of $1.6 Million in Actual Damages for Infringement of Rare Photographs
A recent decision from the U.S. Court of Appeals for the Third Circuit upheld a $1.6 million award of actual damages in a copyright infringement case, affirming the “premium” price a federal jury in Delaware placed on the defendants’ extensive use of the plaintiff’s rare stem cell images. The plaintiff, photographer Andrew Paul Leonard,
New York Announces Expansion of Medical Marijuana Program
In what many marijuana advocates and patients are viewing as a positive step forward, Governor Cuomo’s administration has announced its plans to adopt several key changes to New York’s medical marijuana program aimed at increasing the number of eligible participants under the program and the ability for such participants to obtain better treatment options
Maintaining the Status Quo: DOJ Rejects ASCAP and BMI’s Proposed Changes to 1941 Antitrust Consent Decrees
On August 4, 2016, the Department of Justice (“DOJ”) released a statement[1] concluding that the 1941 antitrust consent decrees governing music performance rights organizations (“PROs”) would remain in effect, rejecting the requested changes from the American Society of Composers, Authors and Publishers (“ASCAP”) and Broadcast Music, Inc. (“BMI”).
Second Circuit Revives Iron Man Theme Copyright Infringement Suit Against Sony
A recent Second Circuit opinion has revived songwriter Jack Urbont’s copyright infringement claim against Sony Music Entertainment, Razor Sharp Records, and rapper Dennis Coles (popularly known as Ghostface Killah). Urbont had brought suit in 2011 against Coles, along with Sony and Razor Sharp, alleging that Coles had improperly sampled Urbont’s “Iron Man Theme” (“Theme”) on
Stevens v. Corelogic, Inc.: Automated Metadata Scrubbing Does Not Violate CMI Provisions of the DMCA
In Stevens v. CoreLogic, Inc., the U.S. District Court for the Southern District of California examined § 1202 of the Copyright Act, a part of the Digital Millennium Copyright Act protecting the integrity of copyright management information (“CMI”), and held that unintentional removal of metadata embedded in a photograph does not violate the statute.
Supreme Court Determines Objective Reasonableness Should Receive Substantial Weight in Assessing Fee Awards under the Copyright Act, But Not to Exclusion of Other Factors (Kirtsaeng v. Wiley)
For the first time in twenty-two years, the U.S. Supreme Court, in an opinion issued yesterday, addressed the question of when an award of attorney’s fees is appropriate under the U.S. Copyright Act. According to the Court, the objective reasonableness of a losing party’s legal positions should be given substantial weight within a broader analysis