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Hold On, I'm Suing: Artists' Protests over the Trump Campaign's Use of Their Music and What Some Courts Have Ruled in Similar Instances Image

Hold On, I'm Suing: Artists' Protests over the Trump Campaign's Use of Their Music and What Some Courts Have Ruled in Similar Instances

Stan Soocher

When artists take action over political-campaign settings, it's usually in the form of a cease-and-desist letter sent to a candidate's representatives. In some instances, artists file lawsuits, but to date there's been just a smattering of notable court decisions. This article provides a refresher on these rulings as well as a look at the recent lawsuit by the estate of Isaac Hayes over the Trump campaign's use of the classic soul song "Hold On, I'm Coming."

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NIL Regulation: Can the NCAA Recover and Advance Its Own Fumble? Image

NIL Regulation: Can the NCAA Recover and Advance Its Own Fumble?

Howard Mulligan

With a view toward injecting some modicum of clarity into the volatile arena of NIL, a plethora of legislation has been enacted at the state level and proposed at the federal level.

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Executive Producers' "Most Favored Nations" Clauses Could Be Applied to Walking Dead Series Producer's Profit-Participation Settlement   Image

Executive Producers' "Most Favored Nations" Clauses Could Be Applied to Walking Dead Series Producer's Profit-Participation Settlement  

Stan Soocher

Can the settlement of a lawsuit by one profit participant in a TV production be used to increase the contingent compensation provisions of other profit participants in the show?

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U.S. Supreme Court Hears Arguments on Whether Copyright Plaintiffs Can Reach Back More Than Three Years for Infringement Damages Image

U.S. Supreme Court Hears Arguments on Whether Copyright Plaintiffs Can Reach Back More Than Three Years for Infringement Damages

Stan Soocher

In a case of first impression, the Eleventh Circuit decided that a copyright plaintiff may recover damages that occur more than three years before a copyright lawsuit is filed.

Features

Content-Licensing Payment Dispute Involves Whether Fiduciary Relationship Was Created Image

Content-Licensing Payment Dispute Involves Whether Fiduciary Relationship Was Created

Stan Soocher

A recent New York federal court decision in a dispute between a broker that sublicenses program content and a broadcaster that sublicensed content from the broker considered the interaction of contract language and extra-contractual elements of the parties' relationship to determine whether a fiduciary relationship existed.

Features

Keeping Track of Developments in Cases That Pit Creative Content Against AI Programs Image

Keeping Track of Developments in Cases That Pit Creative Content Against AI Programs

Stan Soocher

2024 starts off with court decisions and procedural rulings that took shape in 2023 in lawsuits that were filed over the collision of creative content with generative AI programs. Most of the complaints allege copyright infringement and related claims prompted by the unlicensed copyright works that AI companies input into their AI programs.

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Ninth Circuit Focuses On Extrinsic Test In Ruling On Choreography Copyright Image

Ninth Circuit Focuses On Extrinsic Test In Ruling On Choreography Copyright

Stan Soocher

Reversing and remanding, the Ninth Circuit emphasized: "The district court's approach of reducing choreography to 'poses' is fundamentally at odds with the way we analyze copyright claims for other art forms, like musical compositions."

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Grappling With Post-Term Commissions In Personal Management Contracts Image

Grappling With Post-Term Commissions In Personal Management Contracts

Stan Soocher

A recent judicial decision in a dispute between a management company and r&b artist KEM involved in part whether discussions about extending the term of years between the parties and increasing the manager's commission were binding, even though post-term commissions weren't discussed.

Features

Wave of Sexual Misconduct Claims Warrants Looks at Confidentiality, Nondisclosure Agreements Image

Wave of Sexual Misconduct Claims Warrants Looks at Confidentiality, Nondisclosure Agreements

Steven I. Adler & Lauren X. Topelsohn

Companies try to protect their reputations from executives who have "gone wild" by including moral turpitude clauses as a basis to terminate executives for cause under their employment agreements. Similarly, in the context of employment disputes, companies try to protect themselves through the use of non-disclosure, non-disparagement and confidentiality provisions in settlement agreements.

Features

Fantasy Sports Dispute Results in New Views On Exceptions to Rights of Publicity Image

Fantasy Sports Dispute Results in New Views On Exceptions to Rights of Publicity

Stan Soocher

The big news in the fantasy sports arena this past summer was the announcement that competitors FanDuel and DraftKings, which make up more than 90% of the online market, would end their merger bid following the Federal Trade Commission's filing of an antitrust lawsuit against the companies. Now, there's good news for FanDuel and DraftKings on a different front, involving the use of athletes' personality components.

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