On January 26, 2018, the United States Copyright Royalty Board (the “CRB”) released its initial determination regarding the royalty rates and terms of use that will apply over the next five years to the compulsory license of musical compositions in connection with the distribution of physical and digital phonorecords (sound recordings not accompanying an audio-visual

Sexual assault and harassment complaints in the Hollywood working world are up 500 percent for SAG-AFTRA in the post-Harvey Weinstein era.  The pressure is present and growing for companies whose executives, employees, and/or talent have been accused of, or have been victims of such assaults.  For example, following the firing of The Today Show co-anchor

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a lower court’s holding that Fox’s use of the name “Empire” for its hit television series is protected by the First Amendment, leaving record label Empire Distribution without any recourse on its trademark infringement claims.  A copy of the full decision is available here. 

The last few months have seen a number of high-profile deals in episodic programming, spurred in part by the entry of a number of significant new players in the marketplace. Here are a few particularly noteworthy entries: Jennifer Aniston, Reese Witherspoon Morning Show Drama Lands at Apple With Two-Season Order Apple is anticipated to become

In a decision issued last month in the ongoing battle waged by former members of the 1960s rock group The Turtles over the scope of copyright performance rights in sound recordings, the Florida Supreme Court concluded that pre-1972 sound recordings are not protected by Florida state law. The U.S. Court of Appeals for the Eleventh

In a pair of cases pending in the U.S. District Court for the Southern District of New York, photographer Justin Goldman and various online media outlets seek to set the record straight on whether embedding images on a website through in-line linking without authorization constitutes copyright infringement.  A website embeds an image using an in-line

The U.S. Court of Appeals for the Ninth Circuit this week summarily affirmed a dismissal, from two years ago, of trademark claims brought by flooring company VIRAG, S.R.L. (“Virag”) against Sony Computer Entertainment America, LLC (“Sony”).  In a three-page unpublished opinion, the appeals court held that Sony’s use of the “VIRAG” trademark as set dressing

For the many everyday citizens who have no recollection of when the New England Patriots won Super Bowl XLIX against the Seattle Seahawks after a “questionable” play call, comedy blogger Robert “Alex” Kaseberg’s (“Kaseberg”) saves the day.  Thanks to his witty remarks, and the legal controversy that subsequently unfolded, the world may never forget. Kaseberg

A California court recently ruled that a lawsuit by actress Olivia de Havilland over her portrayal in the television series Feud:  Bette and Joan could move forward, denying FX Networks’ motion to strike the lawsuit on First Amendment grounds. The show, which is a docudrama centered on the rivalry between Bette Davis and Joan Crawford

It takes a lot to build a successful business.  Entrepreneurs need a great idea, dedication and a hearty appetite for risk.  That’s not to mention the more practical considerations, like employees, legal and accounting, work space, computers, software and technology, marketing, advertising, publicity, and the list goes on.  How, one may ask, can a business