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Copyright Year in Review

Features

Fifth Circuit's Decision in Sampling Case Considers Automatic Liability Controversy Image

Fifth Circuit's Decision in Sampling Case Considers Automatic Liability Controversy

Stan Soocher

The U.S. Court of Appeals for the Fifth Circuit ruled in favor of internationally successful hip-hop duo Macklemore & Ryan Lewis in a music sampling suit brought against them by New Orleans jazz musician Paul Batiste.

Features

'Asserted Truths' Doctrine Used to Decide Jersey Boys Copyright Dispute Image

'Asserted Truths' Doctrine Used to Decide Jersey Boys Copyright Dispute

Robert J. Bernstein & Robert W. Clarida

In a recent decision, the Ninth Circuit held that materials taken from an autobiography of Tommy DeVito — an original member of The Four Seasons music group — and used in the Broadway musical Jersey Boys depicting the band's history and hits, comprised facts and other noncopyrightable expression.

Features

Update on How NDAs Can Impact Employee Sex, Harrassment Claims Image

Update on How NDAs Can Impact Employee Sex, Harrassment Claims

Steven Reardon

Recent news regarding complaints of sexual harassment by several former female employees of the now-called Washington Football Team has renewed discussions on the impact of nondisclosure agreements in the settlement of workplace discrimination and harassment claims, which have increased in the entertainment industry in recent years.

Features

Inside Prosecutors' 5Dimes Deal for Offshore Online Sports Betting Image

Inside Prosecutors' 5Dimes Deal for Offshore Online Sports Betting

Ross Todd

Laura Varela was unaware that her husband, William Sean Creighton, was under investigation by the U.S. Department of Homeland Security and prosecutors in the Eastern District of Pennsylvania for his 5Dimes sports betting website until Creighton was kidnapped — and later found dead.

Features

Judge's Ruling in Epic Games/Apple App Store Battle Image

Judge's Ruling in Epic Games/Apple App Store Battle

ssalkin

Entertainment consumer icon Fortnite's pathway back to the App Store is in the hands of the video game developer, a California federal judge decided in the closely watched legal battle over the distribution of app content.

Features

ESports Streaming Deal Part of Law Firm Practice Aims Image

ESports Streaming Deal Part of Law Firm Practice Aims

Patrick Smith

It's a deal that provides a potential look into a future where esports, like traditional sports before them, provide a potentially lucrative practice area for firms that want to plant a flag in that plot.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Artist's Parents Get Dispute With Manager Sent to Arbitration Reasons for Approval of Pro Hac Vice Application in Music Litigation Third Circuit Knocks Down Right of Publicity Claim Over Character in Gears of War Video Game

Columns & Departments

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TexasBarCLE 30th Annual Entertainment Law Institute Nashville Bar Association Annual Entertainment, Sports & Media Law Institute

Features

Are Rule 12(b)(6) Dismissals In Copyright Infringement Lawsuits In Danger? Image

Are Rule 12(b)(6) Dismissals In Copyright Infringement Lawsuits In Danger?

Alan Friedman

Until recently, the Second and Ninth Circuits have both been receptive to dismissals under Rule 12(b)(6) if the court determines the plaintiff cannot plausibly state a claim of copyright infringement because the two works are not substantial similar. However, a pair of recent "unpublished" Ninth Circuit reversals involving prominent motion pictures stand in contrast to a recent Second Circuit decision affirming such a dismissal.

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