Law 360: Supreme Court Will Hear ‘Scandalous’ Trademark Case
Law 360 reports that “less than two years after ruling that a federal ban on racist trademark registrations violated the First Amendment, the U.S. Supreme Court agreed Friday to hear a case that will decide whether a similar rule banning “scandalous” material is also unconstitutional.” Catch up on this issue with our coverage of the
Dance Dance Litigation: Actor Alfonso Ribeiro Moves to Take The Game Out of “The Carlton”
Earlier this week, actor Alfonso Ribeiro filed a claim for copyright infringement, violation of the right of publicity, and unfair competition against Epic Games, Inc. over its use of the dance move commonly known as “The Carlton” (the “Dance Move”) in the popular video game Fortnite: Battle Royale (“Fortnite”). Ribeiro also filed a similar claim
Depp v. Bloom: Hollywood Handshake Deals May Be on the Way Out; Belt-and-Suspenders a Possible New Trend in Percentage Fee Arrangements for Legal Services
While former Judge Alex Kozinski of the Ninth Circuit once noted that “[m]oviemakers do lunch, not contracts[,]”[1] Los Angeles Superior Court Judge Terry Green’s August 28, 2018 decision in Depp v. Bloom, 2018 WL 4344241 (Cal. Sup. Aug. 28, 2018), may force legal professionals in Hollywood to skip lunch in favor of properly executed fee
Mega-Mergers: Impact on Business and Consumers
Following Comcast outbidding Disney for the purchase of Sky, a European satellite broadcaster, the next deal on the horizon seems to be a merger between CBS and Viacom. This comes hot on the heels of Disney’s acquisition of 21st Century Fox, and AT&T’s acquisition of Time Warner. With traditional players in the industry bulking up
Demystifying WGA Television Residuals
Under the Writers Guild of America Theatrical and Television Basic Agreement (the “Basic Agreement”), credited writers for television motion pictures, including episodic programs, are entitled to receive compensation for the reuse of their work, also known as residuals. Television residuals were first negotiated by the Writers Guild of American (the “WGA”) in 1953, under the
A Closer Look: Senate Passes Music Modernization Act
On September 18, 2018, after months of intense negotiations with various music industry groups and lobbying interests, the United States Senate unanimously approved the Music Modernization Act (now renamed the Orrin G. Hatch Music Modernization Act, “MMA”), clearing what many believe to be the last major hurdle required for the MMA to become the most
Update – Three Music Industry Reform Bills to Watch: Congress Introduces Legislation to Modernize Music in the Digital Age
On September 18, 2018, the Senate unanimously approved the Music Modernization Act, now renamed the Orrin G. Hatch Music Modernization Act, in honor of the retiring Utah Senator – an avid songwriter who spearheaded the bill. This approval follows its unanimous passing by the House of Representatives in April. Due to changes made by the
Recent Developments in IATSE, SAG-AFTRA, and WGA.
IATSE, SAG-AFTRA, and WGA have all been in the news this summer with respect to subscription video on demand (“SVOD”) and ad-supported video on demand (“AVOD”) platforms and the impact the continued growth of those platforms continues to have on the entertainment industry. 2018 IATSE Agreement and the Editors Guild. IATSE leadership reached a tentative
Ninth Circuit Provides Valuable Guide to Obtaining Copyright Protection for Customer Data
Those familiar with copyright law recognize the well-established principle that facts are not eligible for copyright protection. A compilation of facts may be eligible, however, if the selection or arrangement of facts reflects the requisite originality and creativity to warrant copyright protection. In Feist Publications v. Rural Telephone Service Co., the U.S. Supreme Court considered
Lombardo v. Dr. Seuss Enterprises, L.P.: Parody Hasn’t Outgrown Fair Use
On July 6, the U.S. Court of Appeals for the Second Circuit affirmed the Southern District of New York’s finding of fair use in Lombardo v. Dr. Seuss Enterprises, L.P., reiterating the protected nature of parody under the fair use doctrine even as it applies to some of the most beloved properties in entertainment –