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Transformative Use Musings
The California Supreme Court has accepted "transformative use" as a First Amendment defense to a right-of-publicity claim for more than a decade. The issue recently came up before the U.S. Court of Appeals for the Ninth Circuit, in the class action suit by former college athletes who claim Electronic Arts (EA) violated their rights of publicity with the NCAA Football video game.
Correction
The Cameo Clips column in the August 2013 issue of Entertainment Law & Finance incorrectly reported the name of the deciding court in Faulkner Literary…
Maddeningly Mismated Matches
In paired opinions rendered the same day by the same judge, the Ninth Circuit reached seemingly directly contrary conclusions in virtually identical cases concerning the balancing of intellectual property rights and First Amendment interests.
High Stakes for Television Networks in Failure To Unseat Dish Customers Recording Device
The "Hopper," the recording and commercial-skipping technology developed by Dish Network, first survived a preliminary injunction motion brought by Fox Broadcasting Co. in 2012, then prevailed on appeal this summer in a decision by the U.S. Court of Appeals for the Ninth Circuit.
No Personal Jurisdiction In Sending Copyright Termination Notices By Stan Soocher
Much of the attention to the recent decision by the U.S. Court of Appeals for the Second Circuit on rights to key Marvel Comics characters focused on the opinion's "work for hire" analysis. But the appeals court also addressed an important procedural concern in copyright termination litigation: the interplay between parties sending these notices and the jurisdictional reach of courts in which termination cases are filed.
Counsel Concerns
Atlanta Attorney Sued over Funding of Phony Lil Wayne Concerts
A Moral Dilemma?
In today's age of endless content recycling, the provenance of any particular published work can be disguised or ignored as it is churned through multiple media ' including on the Internet in social media. Consequently, it can be difficult for authors and creators to identify and assert their rights in their published works in every circumstance where they might have been licensed or are being used. But for licensors to overlook these rights brings peril.
An Update for Practitioners on Social Gaming
The marriage of digital media and entertainment content has grown to include a range of possibilities and issues that entertainment law practitioners may encounter. The boom in social gaming is one of these.
Bit Parts
Court Decides Production Company's Release Agreement with Michael Keaton Was Signed Under Duress<br>J. Geils Loses Bid to Disqualify Attorney for Band Members That Geils Has Sued<br>Oregon Federal Court Has Personal Jurisdiction over California Lawyer Sued for Malpractice by Radio Show Producers
<b><i>Online Extra</b></i> Sirius XM Sued Over Pre-1972 Royalties
Music copyright lawyers: Don't touch that dial. Nonprofit SoundExchange Inc., which collects and distributes digital performance royalties and distributes them to artists and copyright owners, filed a lawsuit on Aug. 26 accusing Sirius XM Radio Inc. of underpaying.

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