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Entertainment Industry First Amendment

Loeb & Loeb LLP

Hara v. Netflix, Inc.

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Ninth Circuit affirms dismissal of Lanham Act claims regarding use of drag queen Vicky Vox’s image and likeness in animated Netflix show and teaser trailer, holding, under Rogers test, that use was artistically relevant to...more

Dorsey & Whitney LLP

Spotlight or Lawsuit? Strategic Brand Use in Film and Media

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When The White Lotus returned to HBO for its third season, it came with the usual dose of dramatic tension, along with one unexpected intellectual property wrinkle. [WARNING – Potential Plot Spoiler Ahead!] In a particularly...more

Weintraub Tobin

The Briefing: Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss

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In this installment of The Briefing, Scott Hervey & Jessica Corpuz cover the landmark defamation case Copeland v. Netflix—dissecting the high bar for public figures to prove defamation and the critical concept of “actual...more

Weintraub Tobin

(Podcast) The Briefing: Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss

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In this installment of The Briefing, Scott Hervey & Jessica Corpuz cover the landmark defamation case Copeland v. Netflix—dissecting the high bar for public figures to prove defamation and the critical concept of “actual...more

Littler

A Case Study on the First Amendment Defense for Entertainment Industry Employers

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The First Amendment traditionally offers robust protections for expressive employers, such as those in the entertainment and media industries, allowing them to control casting and messaging. In California, however, these...more

Davis Wright Tremaine LLP

Digital Replicas and the First Amendment: The Latest in Artificial Intelligence Legislation

Image-generating technology is accelerating quickly, making it much more likely that you will be seeing "digital replicas" (sometimes referred to as "deepfakes") of celebrities and non-celebrities alike across film,...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - September 2024

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Illinois Attorney General Kwame Raoul announced that Illinois has joined an $82.5 million proposed antitrust settlement with Varsity Brands (Varsity). As a result, Illinois consumers who paid to participate in Varsity Brands’...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - August 2024 #4

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Floyd Mayweather finds himself deep into a lawsuit, as fraud and theft claims have been put against his name. The American boxer and rapper Tyga are now part of a suit by Leonard Sulaymanov, who has alleged the non-payment of...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - June 2024 #3

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The U.S. Twirling Association and a coach must pay nearly $4.2 million to a baton twirler who was sexually assaulted as a minor during a sponsored international trip, a New York federal jury has found, saying the organization...more

Venable LLP

Tennessee Out Front: Enacting Protections Against AI Misuse in the Music Industry

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Last month, Tennessee Governor Bill Lee signed into law the Ensuring Likeness Voice and Image Security Act of 2024—known as the “ELVIS Act”—making Tennessee the first state to address head-on potential misuses of artificial...more

Davis Wright Tremaine LLP

Tennessee, All Shook Up Over AI-Generated Voice Replicas, Passes ELVIS Act

Elvis may have left the building, but his impact on the right of publicity continues to be an integral part of Tennessee law. And the King's legacy now includes efforts to control the proliferation of artificial intelligence...more

Seyfarth Shaw LLP

The King is dead; long live the King: Tennessee’s Updated Right of Publicity Statute

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Tennessee has joined the ranks of states regulating, in various ways, the use of artificial intelligence to manipulate an individual’s likeness. On March 21, 2024, Gov. Bill Lee said “thank you very much” to the Tennessee...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - February 2024 #4

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The first person charged for violating a 2020 law that forbids conspiracies to taint international sports events through performance-enhancing drugs received a three-month prison sentence. Federal prosecutors used the...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - January 2024 #3

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A swimmer who broke his ankle in a 2017 race organized by a Malibu beach club had his negligence lawsuit against the club owners restored, after a California state appeals court ruled that a retired lifeguard captain’s...more

Proskauer - California Employment Law

Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors’ Ages Is Struck Down

IMDb.com Inc. v. Becerra, 962 F.3d 1111 (9th Cir. 2020) - The Ninth Circuit has affirmed the district court’s grant of summary judgment in favor of IMDb.com, a website that lists, among other things, the actual ages of...more

Greenberg Glusker LLP

[Webinar] Entertainment & IP Cases You May Have Missed While Quarantining - May 19th, 10:00 am - 11:00 am PT

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Please join us as three of Greenberg Glusker’s entertainment and media litigators present a round-up of notable intellectual property and entertainment cases from the past few months that you may have overlooked during the...more

ArentFox Schiff

It’s War: Humvee Takes On Activision Over Call of Duty Video Game

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AM General, LLC, owner of the intellectual property associated with the HUMVEE all-terrain military vehicle, has sued popular game maker Activision Blizzard, Inc. over the inclusion of HUMVEE intellectual property in the CALL...more

Dorsey & Whitney LLP

de Havilland vs Feud – FX Wins Round in California Court of Appeal

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It is hard to imagine that any one person could initiate separate lawsuits resulting in decisions of substantial importance to the entire U.S. entertainment industry. And when that person is iconic actress Olivia de...more

Proskauer - California Employment Law

Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors’ Ages Is Unconstitutional!

A federal court has struck down as unconstitutional a California law (AB 1687) that prohibits commercial online services from publishing actors’ ages without their consent. The law, which the California legislature enacted in...more

Mintz - Sports Entertainment Viewpoints

Where is the Line? Options for Professional Leagues and Teams Facing On-Field Player Social Activism

In July 2016, four players on the Minnesota Lynx WNBA team wore black shirts in support of the Black Lives Matter social justice movement. The WNBA fined the players, but later rescinded the fines. In August 2016, San...more

Mintz - Employment Viewpoints

New California Law Will Require Online Entertainment Database Sites to Remove Age-Based Information

California’s governor has signed into law a bill aimed at discouraging discriminatory age hiring practices in the entertainment industry. The law focuses on internet websites identifying ages, but critics question whether...more

FordHarrison

From sports and entertainment to politics and social justice—when worlds collide in your workplace

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It’s everywhere. Whether you like it or not, you can’t escape it. While the topics of politics and social justice are undoubtedly important discussions to have in our country, the reality is that they now seem ever present....more

FordHarrison

Cooling hot political buttons

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During every political campaign, I am reminded of the notion that if we speak about our co-workers or subordinates in the manner in which the American voter speaks about political candidates, we should expect some remediation...more

BakerHostetler

In re Tam – Federal Circuit Orders En Banc Review of Trademark Act’s Ban Against Registration of Disparaging Marks

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The Slants is a Portland-based band composed of musicians of Asian-American descent who characterize their genre as “Chinatown Dance Rock.” The band’s bassist, Simon Tam, filed a trademark application for THE SLANTS for...more

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