Category: Sports & Entertainment Law Section

Of Interest: $19.5M TCPA Suit Deal, Eminem Song Fight, Music Tips For Businesses

Sports & Entertainment Law Section

Members of the Sports & Entertainment Law Section found the following, recent third-party articles to be of potential interest to the section:

Touchdown For Buccaneers With $19.5M TCPA Settlement
https://www.manatt.com/Insights/Newsletters/Advertising-Law/Massachusetts-AG-Fences-off-Geofencing-Ad-Campaign

Eminem v. National Party: Copyright Case Over Song ‘Lose Yourself’
http://www.ajpark.com/ip-central/news-articles/2017/05/eminem-v-national-party-copyright-case-over-song-%E2%80%98lose-yourself%E2%80%99/

25 Key Points About Using Music In Your Business
http://www.guidethroughthelegaljungleblog.com/2017/05/25-key-points-about-using-music-in-your-business.html

Sports Wagering In Your State
http://www.dickinson-wright.com/news-alerts/ghln-5-4-17

Third Verse Same As the First: Will Richard Prince’s Transformation Defense Work Yet Again?
http://www.thompsoncoburn.com/insights/blogs/in-focus/post/2017-05-08/third-verse-same-as-the-first—will-richard-prince-s-transformation-defense-work-yet-again

Federal Court In California Agrees: College Football Players Aren’t ‘Employees’
http://www.constangy.com/communications-723.html

Vermont Passes Fantasy Sports Legislation
http://www.kleinmoynihan.com/vermont-passes-fantasy-sports-legislation/

Banging the Disclosure Drum: The Once Blurry Line Between Advertiser and Influencer Continues To Come Into Focus
https://www.socialgameslaw.com/2017/05/disclosure-advertiser-influencer.html

The Kardashians Can’t Keep Up With Copyright Law
http://www.lawofthelevel.com/2017/05/articles/social-media/kardashian-copyright-law/

Horse Racing-Based Fantasy Sports Game Found Illegal
http://www.lawofthelevel.com/2017/05/articles/fantasy-sports/derby-wars-found-illegal/

Fyre Festival Flameout Includes False Advertising
https://www.manatt.com/Insights/Newsletters/Advertising-Law/FTC-Emphasizes-Disclosures-in-Letters-to-Influence#Article4

SoundExchange Acquires CMRRA: What Does it Mean for Music Licensing?
http://www.broadcastlawblog.com/2017/05/articles/soundexchange-acquires-cmrra-what-does-it-mean-for-music-licensing

Of Interest: MiLB Wage Suit, Royalties On the Radio, the Material Girl Brand and More

Sports & Entertainment Law Blog

Members of the Sports & Entertainment Law Section found the following, recent third-party articles to be of potential interest to the section:

Lesson: Don’t Underestimate Court’s Ability to Change Its Mind – Minor Leaguers’ Wage Suit Gets Certified and Comes Back From the Dead
http://www.btcurrentsemployment.com/lesson-dont-underestimate-courts-ability-to-change-its-mind/

New Congressional Attempts To Impose a Performance Royalty For Sound Recordings On Broadcast Radio, Including the PROMOTE Act – What Do They Provide?
http://www.broadcastlawblog.com/2017/04/articles/new-congressional-attempts-to-impose-a-performance-royalty-for-sound-recordings-on-broadcast-radio-including-the-promote-act-what-do-they-provide/

Distillations: Madonna Is Not Impressed
https://www.fr.com/fishTMCopyrightblog/distillations-madonna-is-not-impressed/

Knoedler Forgery Update: Seventh Lawsuit Settles
https://artlawandmore.com/2017/04/13/knoedler-forgery-update-seventh-lawsuit-settles/

Tragedies On and Off the Silver Screen: How To Avoid Costly Workplace Injuries
http://blogs.hrhero.com/entertainhr/2017/04/10/tragedies-on-and-off-the-silver-screen-how-to-avoid-costly-workplace-injuries/

Lombardo v. Dr. Seuss Enterprises, L.P.
http://www.loeb.com/publications-ipentertainmentcaselawupdates-20170407-lombardovdrseuss

“Charging Bull” Sculptor Articulates VARA Complaint, But “Fearless Girl” Still Standing Firm
http://blog.sandw.com/artlawreport/charging-bull-sculptor-articulates-vara-complaint-but-fearless-girl-still-standing-firm

Arkansas Legalizes Fantasy Sports
http://www.kleinmoynihan.com/arkansas-legalizes-fantasy-sports/

#ShowMeTheMoney: Sofia Vergara’s Settlement of Social Media False Endorsement Lawsuit Highlights Modern Legal Issue
http://www.coveringyourads.com/2017/04/articles/endorsements/showmethemoney-sofia-vergaras-settlement-of-social-media-false-endorsement-lawsuit-highlights-modern-legal-issue/

Chase v. Warner Bros Entertainment, Inc.
http://www.loeb.com/publications-ipentertainmentcaselawupdates-20170327-chasevwarnerbros

Wilson v. Dynatone Publishing Co.
http://www.loeb.com/publications-ipetnertainmentcaselawupdates-20170410-wilsonvdynatone

Bagels and Graffiti: McDonald’s In Another Street Art Row https://artlawandmore.com/2017/04/20/bagels-and-graffiti-mcdonalds-in-another-street-art-row/

Horizon’s Copyright Claim Against Marvel’s Iron Man Promotional Poster Survives Motion to Dismiss
http://www.winston.com/en/advertising-marketing-privacy-law-news/horizon-s-copyright-claim-against-marvel-s-iron-man-promotional.html

 

Articles of Interest

Members of the Sports & Entertainment Law Section found the following recent third party articles to be of potential interest to the Section:

Supreme Court Finds Cheerleading Uniform Designs Copyrightable – http://www.proskauer.com/publications/client-alert/supreme-court-finds-cheerleading-uniform-designs-copyrightable/

New Calif. Law Will Change Youth Sports Concussion Cases – http://www.buchalter.com/publication/new-calif-law-will-change-youth-sports-concussion-cases/

Court of Appeals Rules that Over-the-Top Video Service is Not a Cable System Entitled to Statutory License to Retransmit TV Station Programming –http://www.broadcastlawblog.com/2017/03/articles/court-of-appeals-rules-that-over-the-top-video-service-is-not-a-cable-system-entitled-to-statutory-license-to-retransmit-tv-station-programming/

Bridging the gap – the highs and lows of the salary landscape in women’s sport –http://www.sports.legal/2017/03/bridging-the-gap-the-highs-and-lows-of-the-salary-landscape-in-womens-sport/

April Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports, Incentive Auction Closing Notice, AM Translator Site Relocation Relaxation Effective Date –http://www.broadcastlawblog.com/2017/03/articles/april-regulatory-dates-for-broadcasters-quarterly-issues-programs-lists-and-childrens-television-reports-incentive-auction-closing-notice-am-translator-site-relocation-relaxation/

Agents Convicted for Smuggling Cuban Baseball Players – http://www.collegeandprosportslaw.com/uncategorized/agents-convicted-for-smuggling-cuban-baseball-players/

Washington Post Article Highlights Alleged Improper Drug Practices By NFL Teams – http://www.quarles.com/publications/washington-post-article-highlights-alleged-improper-drug-practices-by-nfl-teams/

U.S. Women’s Hockey Team “Dropping the Gloves” for Pay Equity – http://www.payequityadvisor.com/2017/03/u-s-womens-hockey-team-dropping-the-gloves-for-pay-equity/

FCC Releases Draft Order to Reinstate UHF Discount at April 20 Meeting – A New Round of TV Consolidation? – http://www.broadcastlawblog.com/2017/03/articles/fcc-releases-draft-order-to-reinstate-uhf-discount-at-april-20-meeting-a-new-round-of-tv-consolidation/

THE LATEST: Antitrust Umps Throw Out Information Exchanges Relating To LA Dodgers Broadcast Rights – http://www.antitrustalert.com/2017/04/articles/cartel-enforcement/the-latest-antitrust-umps-throw-out-information-exchanges-relating-to-la-dodgers-broadcast-rights/

Defamation Law Series: California Court of Appeal SLAPPS Several Claims Asserted Against Boxer Floyd Mayweather – http://www.dryewit.com/2017/04/defamation-law-series-california-court-of-appeal-slapps-several-claims-asserted-against-boxer-floyd-mayweather/

New Jersey Fantasy Sports Regulations Coming Soon? – http://www.kleinmoynihan.com/new-jersey-fantasy-sports-regulations-coming-soon/

Nevada Leads the Way on Esports Wagering – http://www.dickinson-wright.com/news-alerts/ghln-volume-10-number-1

Articles of Interest: March Madness, Fantasy Teams and More

Members of the Sports & Entertainment Law Section found the following recent third party articles to be of potential interest to the section:

Andrews v. Sony ATV Music Publishing
http://www.loeb.com/publications-ipentertainmentcaselawupdates-20170223-andrewsvsony

The Patriots Win At the Trademark Game, Too
http://www.tmtindustryinsider.com/2017/03/the-patriots-win-at-the-trademark-game-too/#page=1

Basketball, Brackets and Branding: Protecting March Madness
http://www.loeb.com/publications-clientalerts-20170310-basketballbracketsandbranding

Major League Baseball’s Salary Arbitration
http://www.mitchellwilliamslaw.com/major-league-baseballs-salary-arbitration

Broadcasts and Promotions Related to the 2017 NCAA Basketball Championships
http://www.lermansenter.com/assets/attachments/705.htm

Texas Lawmaker Introduces Fantasy Sports Bill; Fantasy Sports Lawyers Scrutinize the Details
http://www.kleinmoynihan.com/texas-lawmaker-introduces-fantasy-sports-bill-fantasy-sports-lawyers-scrutinize-the-details/

Washington Post Article Highlights Alleged Improper Drug Practices By NFL Teams
http://deachronicles.quarles.com/2017/03/washington-post-article-highlights-alleged-improper-drug-practices-by-nfl-teams/#page=1

March Madness: The Showdown Between the Big Ten Conference and the NCAA – Who Is Your Number One Pick?
http://www.technologylawsource.com/2017/03/articles/intellectual-property-1/trademarks/march-madness-the-showdown-between-the-big-ten-conference-and-the-ncaa-who-is-your-number-one-pick/#page=1

More on Flo & Eddie: Federal Court Certifies to California State Court Question Of Whether There Is a Public Performance Right in Pre-1972 Sound Recordings
http://www.broadcastlawblog.com/2017/03/articles/more-on-flo-eddie-federal-court-certifies-to-california-state-court-question-of-whether-there-is-a-public-performance-right-in-pre-1972-sound-recordings/#page=1

Copyright Case Against U2 Latest To Test Boundary Of Originality and Creativity
http://www.griffithhack.com/ideas/insights/copyright-case-against-u2-latest-to-test-boundary-of-originality-and-creativity/

Photographer Hits Retailer Over Photo Of Player Hitting Joey Bats
http://www.thompsoncoburn.com/insights/blogs/in-focus/post/2017-03-20/photographer-hits-retailer-over-photo-of-player-hitting-joey-bats

Mississippi Enacts Fantasy Sports Legislation
http://www.kleinmoynihan.com/mississippi-enacts-fantasy-sports-legislation/

New Wrinkle In Pre-1972 Sound Recording Cases: Georgia Supreme Court Holds that iHeart Streaming Does Not Violate State Criminal Statute
http://www.broadcastlawblog.com/2017/03/articles/new-wrinkle-in-pre-1972-sound-recording-cases-georgia-supreme-court-holds-that-iheart-streaming-does-not-violate-state-criminal-statute/#page=1

 

Articles of Interest

Members of the Sports & Entertainment Law Section found the following recent third-party articles to be of potential interest to the section:

Flo and Eddie NY Suit on Pre-1972 Sound Recordings Ordered Dismissed By Court of Appeals – No Issues with Copies Made in the Transmission Process
http://www.broadcastlawblog.com/2017/02/articles/flo-and-eddie-ny-suit-on-pre-1972-sound-recordings-ordered-dismissed-by-court-of-appeals-no-issues-with-copies-made-in-the-transmission-process/#page=1

The Copyrightability of Yoga Poses, Dance Moves and Exercise Routines
http://www.lexology.com/library/document.ashx?g=d29b84f1-06d7-422e-b513-570b3fc1c96a#page=1

Super Bowl Ads Get Political
https://www.manatt.com/Insights/Newsletters/Advertising-Law/Not-So-Smart-TV-Vizio-Settles-Over-Data-Collectio#Article2

NFL Owners, Commissioner Consider Question of NFL Conduct Policies Regulating Non-Football Offenses Once Again http://www.collegeandprosportslaw.com/uncategorized/question-of-nfl-conduct-policies-regulating-non-football-offenses-again-before-owners-commissioner/#page=1

Onza Partners SL v. Sony Pictures Entertainment Inc.
http://www.loeb.com/publications-ipentertainmentcaselawupdates-20170215-onzavsony

Pierce v. Warner Bros. Entertainment, Inc.
http://www.loeb.com/publications-ipentertainmentcaselawupdates-20170215-percevwarnerbros

Big Data in Sports: Changing the Game
http://www.loeb.com/publications-clienreports-20170223-bigdatainsports

Parties in Star Trek Fan Litigation Don’t Boldly Go Into the Unknown; Settle Claims
https://incontestableblog.com/2017/02/27/parties-in-star-trek-fan-litigation-dont-boldly-go-into-the-unknown-settle-claims/

Federal Court Preliminarily Enjoins California Law that Prohibits Reporting Actors’ Ages http://www.haynesboone.com/publications/reporting-actors-ages

Student-Athletes As Employees: Northwestern, Columbia and Unionization

Sports & Entertainment Law Section

By Mike Ingersoll

I. Introduction

As an increasingly contested topic since the rise of the Bowl Championship Series in the early-2000s and the NCAA’s 2010 multi-billion dollar March Madness broadcasting deal, as well as the recent advent of the College Football Playoff, the NCAA’s amateurism model has come under intense scrutiny—and with it the employment status (or lack thereof) of the student-athletes over which it governs.  Public opinion and scholarship has virtually wed the two issues at this point, and the modern revenue sport landscape has dictated heated discussion but yielded none of the drastic changes for which proponents of reform have called.

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Articles Of Interest

Members of the Sports & Entertainment Law Section found the following recent third-party articles to be of potential interest to the section:

St. Louis Cardinals Hacking Scandal: A Real-World Example Of the Importance Of Password Management
http://www.privacyanddatasecurityinsight.com/2017/02/st-louis-cardinals-hacking-scandal-a-real-world-example-of-the-importance-of-password-management/#page=1

Retesting and Re-writing History: The 10-year Fight For Clean Olympic Games
http://www.sports.legal/2017/02/retesting-and-re-writing-history-the-10-year-fight-for-clean-olympic-games/

NLRB General Counsel Asserts That College Football Players Are “Employees”
http://www.dinsmore.com/nlrb-general-counsel-asserts-that-college-football-players-are-employees-02-07-2017/

McCartney Battles To Reclaim Copyright In Beatles’ Songs
http://www.shoosmiths.co.uk/client-resources/legal-updates/mccartney-battles-to-reclaim-copyright-in-beatles-songs-12412.aspx

Vaiana and Moana: A Story of Two Disney Heroines
http://www.novagraaf.com/en/news?newspath=/NewsItems/en/vaiana-and-moana-a-story-of-two-disney-heroines

Is There Copyright Infringement in Whoville?
https://www.copyrightcontentplatforms.com/2017/02/is-there-copyright-infringement-in-whoville/?
utm_source=feedburner&utm_medium=feed&utm_campaign=
Feed%3A+CopyrightContentAndPlatforms
+%28Copyright%2C+Content%2C+and+Platforms%29

“You’re Fired”: The Growing Fallout from Celebrity Rants
 https://www.adlawbyrequest.com/2017/02/articles/ad-guides-and-alerts/youre-fired-the-growing-fallout-from-celebrity-rants#page=1

 

 

 

 

Risk Management and Concussions

By Ben DeCelle

            Perhaps the most difficult challenge, legal or otherwise, faced by the NCAA and its member institutions today is how to manage the risks associated with concussions in sports. Particularly within the last decade, these organizations have focused on risk management—“the process of evaluating the chance of loss or harm and then taking steps to combat the potential risk”1—as a way to minimize harm to individual athletes and decrease the likelihood that they will be subject to massive lawsuits. However, as the NCAA and member institutions have now discovered, risk management as a strategy is much more effective in other aspects of their business than with the risks associated with concussions. For example, many universities have begun to hire outside law firms or other specialists to conduct internal investigations and risk assessments in an effort to minimize the chance that they would bring in a coach or player with a risky past (and perhaps to minimize liability if a situation were to occur in the future).2 Risks associated with concussions, on the other hand, are much more difficult to manage because their occurrence is inherent in almost every existing sport. In other words, how can schools and the NCAA effectively manage a risk that is absolutely certain to occur no matter how much money or effort is diverted to it?

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Start Your Engines: Welcome To the NCBA Sports & Entertainment Law Section Blog

kellymatt Neil Magnuson

By Matt Kelly and Neil Magnuson

The Sports & Entertainment Law Section of the NC Bar Association is pleased to announce that, in lieu of continuing to issue a quarterly newsletter, it has launched and will deliver news, articles, and other scholarship via this blog.

If you are a member who has been receiving the newsletter, you are automatically enrolled to receive notices of new SEL Section blog content. Please also bookmark this page and return often for news and announcements!

To kick off this blog, we are pleased to be able to share with you comments from our new Section Chair Shannon L. Vandiver. Please take a look to find details about our plans for the year, including our CLE upcoming on Dec. 1, The Rise of Daily Fantasy Sports and the Challenges Posed by Anti-Gambling Laws.

If you have content that you would like to share on our blog, please contact our blog chair, Matt Kelly, at mkelly@kelly-lawgroup.com or co-chair, Neil Magnuson, at nmagnuson@nascar.com.

The Chair’s Comments: Sports & Entertainment Law’s Game Plan For the Year

vandivershannonBy Shannon Vandiver

With over 150 member attorneys in industries spanning the sports and entertainment worlds including those that serve as in house and outside counsel for all of North Carolina’s major league sports teams and properties as well as many of its minor league, amateur, collegiate and youth sports entities and attorneys representing artists, entertainers and media outlets all over the state, the Sports and Entertainment Law Section is truly the hub of the sports and entertainment legal world for North Carolina.

Our attorneys serve clients that include NASCAR and other motorsports teams, drivers and sanctioning bodies as well as NFL, NHL and NBA teams; athletes, coaching staffs and support personnel; NCAA schools and conferences including the Atlantic Coast Conference and the Southeastern Conference; the North Carolina High School Athletic Association; media companies, stations and providers; musical, visual and performing artists, labels and venues; literary authors and publishers; and many, many others. Section members include corporate counsel, business transactional and litigation attorneys, attorneys who provide immigration law services for athletes, entertainers, performers, investors and producers; those whose practices are focused on technology or intellectual property, copyright, trademark or privacy law, promotions, digital media, internet, gaming and many other areas of the law that touch sports or entertainment. The largest concentrations of our section members are in the Charlotte and Triangle areas but we are also well represented in the Triad and in areas from Western North Carolina to the coast.

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