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Preview: Entertainment Law Reporter

Entertainment Law Reporter

Updated: 2018-03-06T05:27:01.831-08:00


Entertainment Law Reporter on hiatus


I've discovered that publishing a one-man blog - even a blog that primarily calls attention to the fine work of others - is a surprisingly time-consuming activity. My work on the Entertainment Law Reporter got interrupted by the need to grade final exams and papers for my spring semester courses at Southwestern Law School, and then by my need to prepare to teach International Entertainment Law in

The Donald, The Apprentice, the FCC, and the broadcast law issues if Trump runs for President


Those who watch politics (the way others watch sports) wonder whether Donald Trump is seriously thinking about running for President, or whether he is simply generating publicity for his television show "The Apprentice." Only "The Donald" (and his hair dresser?) know for sure. But if he does decide to run, his candidacy will generate interesting legal issues. They are explained by David Oxenford

FTC reports on compliance with entertainment industry age and content ratings


The Federal Trade Commission has found that video game retailers enforce industry age and content ratings more vigorously than other entertainment retailers, and that music CD retailers are the most lax at doing so. In the words of the FTC: Following an established trend, a Federal Trade Commission undercover shopper survey found that video game retailers continue to enforce most vigorously the

Golden Gate IP Law Book Review


The latest issue of The IP Law Book Review - an online periodical published by Golden Gate University School of Law - features reviews of:The Public Domain: Enclosing the Commons of the Mind, by James Boyle Virtual Justice: The New Laws of Online Worlds, by Greg Lastowka The Soul of Creativity: Forging a Moral Rights Law for the United States, by Roberta Rosenthal Kwall Inherent Vice: Bootleg

Social media legal issues for nonprofits


Earlier this month, Pillsbury's Jim Gatto made a presentation at The Kreeger Museum in Washington, D.C., about the legal issues faced by nonprofit organizations when using social media. He spoke about the legal aspects of nonprofits' use of virtual goods, virtual currencies and gamification. And he illustrated his talk with slides that are online at Pillsbury's Virtual World Law Blog.

Fordham IP, Media & Entertainment Law Journal


The Fordham Intellectual Property, Media & Entertainment Law Journal features these articles (in Volume IX Book 3): Moral Rights and Supernatural Fiction: Authorial Dignity and the New Moral Rights Agendas Not that There’s Anything Wrong with That: Imputations of Homosexuality and the Normative Structure of Defamation Law Protection for Informational Works After Feist Publications Inc. v. Rural

Trademark law in virtual worlds


Theodore Max, a partner in the New York City office of Sheppard Mullin Richter & Hampton, has written a 42-page article titled Trademarks in the Veldt: Do Virtual Lawyers Dream of Electric Trademarks? For a law review article, it is packed with allusions to science fiction. The "Veldt" in the article's title is the title of a Ray Bradbury story - one of the first (a footnote indicates) to refer

Sonny Vaccaro gives keynote at Harvard Law School Sports Law Symposium


Sonny Vaccaro has done a lot of things over the course of his storied sports career. He used to be a Nike and Reebok "sports marketing executive." He's been called the "godfather of grassroots basketball." These days he's described as a "student-athlete advocate" - a reference to his role as a consultant for the plaintiffs in O'Bannon v. NCAA. All of these things made him the logical choice for

Photographer Patrick Cariou wins infringement lawsuit against appropriation artist Richard Prince


I've always been puzzled about why, exactly, one artist would think it's OK, let alone legal, to use the work of another artist without permission. But, strange as it seems, there are many artists who do think that - so many that there's a label for them. They're called "appropriation" artists; and Richard Prince is one of them. Prince used photographs from Patrick Cariou's book Yes Rasta, to

Fordham media and entertainment law articles


The Fordham Intellectual Property, Media and Entertainment Law Journal published these articles (in Volume IX Book 2): Finding A Home for Orphans: Google Book Search and Orphan Works Law in the United States and Europe, by Katharina de la Durantaye Twittergate: Rethinking the Casting Director Contract, by Carter Anne McGowan Copyright Enforcement in the Cloud, by Marc Aaron Melzer When and Where

Defamation lawsuit against online booksellers is dismissed


Amazon, Barnes & Noble and Books-A-Million have defeated a defamation lawsuit that complained about statements made on their websites by the print-on-demand publisher of a surprisingly-expensive book titled Barack Obama & Larry Sinclair: Cocaine, Sex, Lies & Murder. The lawsuit was filed by a fellow named Dan Parisi who also sued the book's author, Larry Sinclair. The part of the case against

The legality of filming money for movies and TV programs


Clearing props for use in movies and TV programs usually is a matter of copyright law, and sometimes trademark law too. When props include actual money, however, other laws come into play: those that prohibit counterfeiting. The question of whether it's legal to film currency has just been asked and answered, both north and south of the U.S.-Canadian border. In the U.S., the question "Can I Film

FedEx Field must provide listening devices to hearing-impaired fans at Washington Redskins games


The Americans with Disabilities Act requires FedEx Field to give assisted listening devices to football fans attending Washington Redskins games, a federal Court of Appeals has held. The recent decision in Feldman v. Pro Football is explained in a Client Alert posted by Proskauer Rose.

UK guidelines on sale of Royal Wedding souvenirs


Prince William and Kate Middleton will get married next week, in what surely will be deemed the wedding of the century. Many people will want souvenirs to commemorate the event, and the free market will respond by providing them. I mention this, because the British are quite imaginative about creating special-purpose IP laws. They've got one for the 2012 Olympics (called the London Olympics

Warren Beatty retained rights to "Dick Tracy" by satisfying requirements of reversion clause


Warren Beatty still owns the rights to the "Dick Tracy" character, a federal District Court has held. Beatty bought those rights years ago from Tribune Media and used them to produce and star in the movie "Dick Tracy." The Beatty-Tribune agreement provided that the rights would revert to Tribune, unless the actor (who is Annette Bening's husband) began principal photography on another movie or TV

UK art law


The latest issue of Private Client Issues is a special edition devoted to the arts. Published by the British firm Blake Lapthorn, the periodical features these articles:Charitable Giving by Authors and Scholars, by Alison Talbot Taxation of Works of Art and Chattels, by Alison Craggs Buying and Selling Works of Art - What are the Pitfalls?, by Lara Robson Would Mrs Bennett Approve?, by Christine

Entertainment lawyers have featured roles in new movie


Rick Kurnit - name-partner in New York City's Frankfurt Kurnit Klein & Selz - is featured in the new movie "POM Wonderful Presents: The Greatest Movie Ever Sold." The movie is the latest from "Super Size Me" filmmaker Morgan Spurlock. New York City lawyer Paul Brennan - Spurlock's own lawyer - also makes an on-screen appearance in his client's humorous documentary about product placement,

Sports law


The latest issue of Proskauer Rose's sports law newsletter Three Point Shot  features these articles:Still Teaching the World to Sing, CocaCola Scores in Dispute over Spanish Language Version of World Cup Anthem Show Me the Money – Just Make Sure I Know the Risk Accused Internet Pirate Sites Hung from the Yardarm

Movie ticket prices and profits


University of Sydney economists Nicolas de Roos and Jordi McKenzie have written Cheap Tuesdays and the Demand for Cinema. Their study is based on movie attendance patterns in Sydney, but their methods and conclusions look relevant world-round. The abstract:Many movie markets are characterised by extensive uniform pricing practices, hampering the ability to estimate price elasticities of demand.

Art law


Herrick Feinstein has published the Winter 2011 edition of Art & Advocacy featuring these articles by Herrick attorneys Yael Weitz, Waffiyah Mian, Michael Kessel and Michael Zargari :New Shipping Requirements in Effect: The Art World Reacts Holocaust Art Restitution Litigation in 2010 Bartering with Art - Tax Implications

Songs in the public domain


Former Copyright Office librarian Tom Nichols has written They Never Renewed: Songs You Never Dreamed Were in the Public Domain. Published by The BZ/Rights Stuff, Inc., the book contains:An Introduction that discusses Public Domain and how to safely use the information provided in the book; the heart of the book, which is a listing of 96 songs in the Public Domain written in the 50s and 60s and

Hip-hop, copyright and culture


U.C. Davis law professor Thomas W. Joo has written A Contrarian View of Copyright: Hip-Hop, Sampling, and Semiotic Democracy. The abstract:A dominant trend in intellectual property (IP) theory asserts that technologies such as digital copying enable individuals to resist the cultural dominance of the media industry. Under this view, individuals appropriate cultural material and “recode” it by

Copyright Office to host roundtable on copyright protection for pre-1972 sound recordings


The Copyright Office will host a roundtable on copyright protection for pre-1972 sound recordings on June 2, 2011, at the Library of Congress in Washington, D.C. It is possible that the roundtable will continue on a second day, June 3. The roundtable will be conducted to assist the Copyright Office in its study for Congress on the desirability and means of bringing sound recordings fixed before

Is there a "hot hand" in NBA basketball?


The end of the long NBA season is on the horizon, and that means that many people - including lawyers - will be watching more basketball. Some may feel guilty about stepping up their TV viewing, mistakenly believing that even the NBA Finals are just "games," and that serious law work ought to be given precedence. If you're among those who will be watching more and feeling guilty, you will be

Recent decisions: right of publicity; copyright fees


Loeb & Loeb's IP/Entertainment Law Weekly reports on (and links to): No Doubt v. Activision Publishing, in which a California Court of Appeal held that Activision's use of the likenesses of the members of the band "No Doubt" was not transformative, and thus upheld a lower court order that denied Activision's motion to dismiss the band's right of publicity lawsuit. Zamoyski v. Fifty-Six Hope Road