Flo & Eddie, Inc. v. Sirius XM Radio, Inc.: New York State’s Highest Court Finds No Public Performance Right for Pre-1972 Sound Recordings at Common Law
In a case of first impression, New York’s highest court ruled that New York common law does not include a right to control public performances of pre-1972 sound recordings. The ruling arises from a years-long legal battle between The Turtles, the 1960s rock band most famous for the hit song “Happy Together,” and Sirius XM,
Life is Beautiful, but Trademark Overreach is Not: Attempted Monopolization of Unused Trademarks Costs Mr. Brainwash His Ability to Sue
In a trademark and copyright infringement case brought by Amusement Art, LLC (“Amusement Art”), a company owned by artist Thierry Guetta, most commonly known as Mr. Brainwash, against Life is Beautiful, LLC (“LIB”), a California federal judge ruled that Amusement Art fraudulently utilized the trademark registration system to attempt to secure a monopoly over its
Copyright Termination: A Primer
I. WHAT DOES “COPYRIGHT TERMINATION” MEAN? Copyright termination refers to the termination of a grant—or transfer—of one’s copyright rights. Following termination, those rights that were transferred under the grant return to the creator of the copyrighted work. This termination right allows content creators to renegotiate the terms of their original agreements, or enter into new
Star Trek Fan Fiction Copyright Decision Stuns Usefulness of Summary Judgment on Substantial Similarity for Plaintiffs in Ninth Circuit
On Stardate Tuesday, January 3, 2017, Judge Klausner of the Central District of California filed the Court’s summary judgment decision in Paramount Pictures Corp. v. Axanar Productions, Inc., Case No. 2:15-CV-09938-RGK-E. The ruling, which denied the parties’ dueling motions, is the most important decision for the fictional universe in which Paramount’s Star Trek properties are
Second Circuit Affirms Dismissal of Louis Vuitton Infringement Claims in Parody Tote Bag Lawsuit
The Second Circuit Court of Appeals last week affirmed a district court’s dismissal of luxury brand Louis Vuitton Malletier, S.A.’s suit against My Other Bag, Inc., seller of canvas tote bags featuring the text “My Other Bag…” on one side and drawings meant to evoke luxury handbags on the other.
Negotiating Esports Content Deals: Looking Beyond YouTube
A major trend over the past fifteen years has been the evolution of major sports teams into true media companies. Whereas previously sports teams’ media presence was limited to appearances during live games on broadcast television, today’s top teams, from Real Madrid and Manchester United to the New York Yankees and Dallas Cowboys, are creating
Negotiating an Agreement for Video Measurement Services
The past two decades have seen an explosion of video distribution services and content providers. Measurement began with the need to ascertain audience size for ad sales purposes, first by mid-20th century over-the-air broadcasters and their advertisers and ad agencies. Then, this essential monetizing requirement was passed on to the late 20th century competitive cable
A Heavy Shield to Bear – An Overview of the New EU-US Privacy Shield
In October of 2015, when the European Court of Justice struck down the US-EU Safe Harbor framework – which allowed EU organizations to transfer EU citizens’ data to the US in compliance with stricter EU privacy laws – thousands of companies that transfer data across the Atlantic were left at sea. Since the Safe Harbor’s
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