Acquiring Videogame Properties for Film and TV: Considerations for Buyers

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

New Year, New Privacy Laws—Are You Compliant?

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

Managing Risk for Podcasts Through Media Liability Insurance

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

SCOTUS Rules Federal Ban on Registration of “Immoral” or “Scandalous” Trademarks Violates the First Amendment

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

Protecting Diverse Content: 4 Deal Suggestions

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 150-Year Itch: California Legislature Amends Civil Code Section 1542 but Creates More Questions in the Process

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

Supreme Court Hands Down Critical Decisions in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC and Rimini Street, Inc. v. Oracle USA, Inc.,Resolving Circuit Splits Over Interpretation of Copyright Act Provisions

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.

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