The Entertainment Industry in 2020: Four Legal and Business Issues For Consideration
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
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
CDAS LLP Partner Scott J. Sholder Recognized in Benchmark Litigation’s 2019 “40 and Under Hot List”
Cowan, DeBaets, Abrahams & Sheppard LLP is pleased to announce that Scott J. Sholder has been recognized in Benchmark Litigation’s 2019 “40 and Under Hot List.” Benchmark Litigation’s 2019 “40 and Under Hot List” includes practitioners, all aged 40 or younger, that have been deemed the most promising emerging talent in their respective litigation communities
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
Making Money and Protecting Yourself in Podcasting: Three Considerations for Unscripted Podcasts
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
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
Cowan, DeBaets, Abrahams & Sheppard LLP (CDAS) Partner Eleanor M. Lackman Named a “2019 Trailblazer” by the New York Law Journal
Eleanor M. Lackman, an equity partner of Cowan, DeBaets, Abrahams & Sheppard LLP (CDAS LLP) has been named a “2019 Trailblazer” by the New York Law Journal. Eleanor is one of only 51 attorneys selected for the prestigious recognition. To review Eleanor’s profile and the full NYLJ “2019 Trailblazers” list, click here.
Fourth Circuit Rules in Favor of Stock Photographer, Overturning Widely Discussed Fair Use Decision
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