1. AB5 Brings Uncertainty: The new California Assembly Bill 5 (AB5) became effective on January 1, 2020. Originally created to codify the California Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903 (Dynamex), and to address the increase of misclassification of workers as independent contractors, the

The videogame industry is now the most profitable individual sector of entertainment, having experienced exponential growth over the past forty years. Great games can quickly generate a large and unusually engaged fanbase, and as a result it could be argued that games will be the single biggest source of major entertainment brands for the foreseeable

As we head into the new year, the CDAS Digital Media and Technology group would like to remind you about new developments in privacy law that might affect your business. Greater Transparency and Access Under New California Consumer Privacy Act (CCPA) Taking effect on January 1, 2020, the new California Consumer Privacy Protection Act requires

Producers, distributors, and marketers of creative content are vulnerable to legal risks, such as claims of copyright or trademark infringement, plagiarism, defamation (i.e., libel for written works, slander for audio or audiovisual works), misappropriation of a public figure or private person’s name, likeness, or other personal attributes, invasion of privacy, and other claims – both

In a major win for free speech advocates, on Monday, June 24, 2019, the United States Supreme Court ruled that a federal statutory ban on the trademarking of words and symbols that are “immoral” or “scandalous” violates the First Amendment. Erik Brunetti of Los Angeles, a fashion designer for the streetwear brand “FUCT,” brought suit

The market for unscripted podcasts –from true crime, to sex and relationships, to sports and pop culture – is exploding. With top podcasts bringing in five figures in revenue per episode and opening the door to multiple ancillary opportunities including merchandise and live touring, what do podcast producers need to know to protect themselves and

The homogenous nature of Hollywood’s output has been a source of frustration for some time, especially taking into consideration that the stories it has been telling (largely told from a white, cis male, heterosexual, US-centric point of view) do not reflect the composition of the world or its audience. The entertainment business has made some

The rights of a stock photographer were recently vindicated when the U.S. Court of Appeals for the Fourth Circuit overturned a controversial Virginia district court decision, which had held that a production company’s use of a stock photo on a website promoting a film festival was fair use.  In the decision, Brammer v. Violent Hues

California Civil Code Section 1542 (“Section 1542”) is ubiquitous in documents relating to California deals, parties, or litigations.  For instance, nearly every severance or settlement agreement entered into in California and/or involving a California person, company, or claim, will include a Section 1542 waiver provision. The main purpose of the Section 1542 statute is to

It was an eventful day for copyright law on Monday, March 4, as the Supreme Court of the United States issued two unanimous opinions, both involving provisions of the Copyright Act.  The decisions were fittingly both issued on the 110th anniversary of the 1909 Copyright Act. In the first case, Fourth Estate Public Benefit Corp.