Category: Sports & Entertainment Law Section (page 1 of 2)

Of Interest: Fantasy Sports Legalization, Tax Reform, Kaye v. Cartoon Network

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

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The Kissing Defense: Professional Athletes, Drugs and the ‘No Fault/No Significant Fault’ Tests in Arbitration

By Martin Maloney

Arbitration and Reducing a Suspension Under the No Fault/No Significant Fault Tests

In 2014, Major League Baseball (“MLB”) and the MLB Players Association (the “MLBPA”) agreed to a joint drug prevention program aimed at strengthening the detection and enforcement against players’ use of prohibited recreational and performance-enhancing drugs (“PEDs”).[1] As part of the agreement, MLB incorporated a “no fault/no significant fault” tests, whereby an arbitration panel may vacate a player’s mandatory suspension for testing positive to the use of banned substances if the player can demonstrate that “the presence of the Prohibited Substance in his test result was not due to his fault or negligence,” or reduce the length of the suspension if the player can provide “clear and convincing evidence that he bears no significant fault or negligence.”[2] For instance, Raul Mondesi Jr.’s eighty-game suspension for a first time violation of MLB’s drug policy in 2016 was reduced to fifty-games after Mondesi was able to demonstrate that his positive test of a banned substance was inadvertent and the result of taking an over-the-counter cold and flu medicine he had bought while in the Dominican Republic.[3]

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Of Interest: Playwright Wins Copyright Dispute, Board Blows the Whistle, Dickerson v. WB Studio

Sports & Entertainment Law

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

Joy in Who-Ville? Playwright Wins Fair Use Copyright Dispute in Parody of “Grinch”

Board Blows the Whistle on Independent Contractor Status for NBA Video Production Crew

Dickerson v. WB Studio Enterprises, Inc., et al.

Can NFL Players be Fired, Disciplined for Protesting During National Anthem?

Mark Ronson Sued For Infringing 80’s Funk “Masterpiece”

Politics in the Workplace: Do NFL Players Have Freedom of Speech To Protest at Games?

Court Holds that Fantasy Sports Companies Did Not Violate Players’ Rights by Using Their Names and Likenesses

Hackers Score Touchdown: NFL Players Association Hit With Data Breach

Doubling (& Tripling) Down on Trademark Protection For Secret Menu Items–In-N-Out v. Smashburger

No “Contract By Tweet” for Plaintiff Who Pitches Movie Idea via Social Media  

Advanced stages of CTE found in Aaron Hernandez’s brain

‘Please don’t make us call your mom,’ Netflix tells pop-up bar owners in cease-and-desist letter  

N.C.A.A. Coaches, Adidas Executive Face Charges; Pitino’s Program Implicated

King’s College Football Coach Sued For Copyright Infringement For Retweeting A Book Page 2 Years Ago

Spectrum Center rebounds after HB2 repeal

Charlotte Hornets could score larger TV deal in 2018

Laurene Powell Jobs buys stake worth around $500 million in DC sports empire

Lawsuit accuses Kmart of copying Halloween banana costume

CBS fires lawyer over Facebook posts calling Vegas shooting victims likely ‘Republican gun toters’

‘Tip of the iceberg’: More charges expected this month in college basketball scandal

New true crime TV series should reopen debate over cameras in the courtroom

Of Interest: Major League Soccer Challenged, Tyson Knockout Blow, Odell Beckham Calls Audible

Sports & Entertainment Law

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

Major League Soccer Challenged in CAS

Tyson Winds Up for Knockout Blow Against Boxing Hall of Fame

Odell Beckham Jr. Calls Audible on $100M Player Disability Insurance Policy

Former Band Member Sues The Roots

Ineligible Coach On The Field – Assessing Whether Restrictions Are Enforceable In Contracts

Fan Was Expecting Goldfinger, but Instead Got Oddjob: Woman Sues Movie Studios over James Bond Movie Collection

Brittle v. Warner Bros. Entertainment Inc.

Ronnie Van Zant, Inc. v. Artimus Pyle

Female Athletes Are Closing The Gender Gap When It Comes To Concussions

Leadership on the sidelines should not be defined by gender

Remember FCC Rules on Underwriting Limitations – And that They Don’t Apply to Spots Bought By Nonprofit Entities

Baylor Settles Lawsuit in Sexual Assault Case

How Red Sox Used Tech, Step by Step, to Steal Signs From Yankees

Home of Brazil’s Top Olympic Official Is Searched in Bribe Inquiry

Chicago Bears Back Off GoBears Hashtag Dispute Over Trademark Concern With Cal

Lunch-hour CLE With a Rock Star: The Slants Front Man Talks About the Legal Battle To Name His Band

Spend your Monday lunch hour chatting with a rock star while earning CLE/CPE credit. Register for the webcast “A Name Worth Fighting For: How Naming My Band The Slants Got Me To the Supreme Court,” featuring rocker Simon Tam, presented by the NCBA CLE Department. Members of the NCBA  Intellectual Property Law, Litigation, and Sports & Entertainment Law sections enjoy a discounted rate.

Tam, founder and bassist of The Slants, will talk about how his fight with the U.S. Patent and Trademark Office over his band’s name led to a U.S. Supreme Court case. The webcast discussion runs from noon to 1 p.m. on Monday, Sept. 18. Tam will answer audience questions and speak frankly about racism, legal troubles and his incredible stories of playing in the world’s “first and only Asian-American dance rock band.”

Here’s a preview of Monday’s conversation, based on a Q&A with Joyce Brafford, NCBA’s  Distance Learning Manager for CLE.

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Of Interest: ‘Zootopia’ Case, U2 and ‘The Fly,’ Maine Fantasy Sports Law

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

Esplanade Productions, Inc. v. The Walt Disney Company

U2 Seeks Dismissal of “The Fly” Infringement Suit

Ninth Circuit Purges Anti-SLAPP Motion for Contract Claims

Right of Publicity Bill Takes a Dive, for Now

The Grinch That Stole Fair Use? 

Maine Enacts Operator-Friendly Fantasy Sports Legislation

Music Licensing Databases? The Transparency in Music Licensing Ownership Act and ASCAP/BMI

“Thinking Out Loud” About Copyright Infringement (Again)

GMR Offers Commercial Radio 6 Month Extension of Interim License to Play Their Songs

Esports – One Step Closer to Olympic Medal Status?

All Bets Are On in California? The Golden State’s Bid to Legalize Sports Gambling

NCAA’s Statement on Student-Athlete Side Hustle Raises Questions

Video Game Maker Argues “Fair Use” of Images of NBA Player Tattoos

Judge Preska: Widespread Pirating Makes Music Price Fixing Case Unsuitable for Class Treatment

0.44% of NFL Brains

 

Of Interest: Redskins Name, Aggies Call Audible, Supremes Hear Betting Case

Sports & Entertainment Law

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

Why the Redskins Scored a Victory In the Supreme Court’s Ruling In Favor Of The Slants 

“12th Man” Suit Forces Aggies To Call an Audible On Traditional Copyright Defenses 

U.S. Supreme Court To Hear Major Sports Betting Case 

Sports Teams Can Deduct Full Cost Of Pre-Game Meals for Traveling Employees At Hotels At Away Games

Can’t Say “I Ain’t Mad At Cha” For Copying Me

Jordan-Benel v. Universal City Studios, Inc.

The (Exempt) Boys of Summer: 9th Circuit Upholds Minor League Baseball Antitrust Exemption In Wage Suit

SEC Confirms Sales of NFL Fan Memberships Fall Outside of Securities Act

Gene Simmons Claims Gesture

Indiana’s Slow Implementation of Fantasy Sports Law

Chris Spielman’s Lawsuit Against Ohio State Could Set Monumental Precedent

Overview of Changes To Nevada Gaming Law

Celebrity Influencers Continue to Flout FTC Disclosure Rules

 

Of Interest: Celebrities On Social, Tattoo Dispute, Art Basel Sneaker Lawsuit

Sports & Entertainment Law

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

FTC Warns Celebrities Over Social Media Endorsements

Court Looks To Ink Decision In Tattoo Copyright Dispute  

Adidas Steps On the Toes Of Art Basel In Sneaker Lawsuit

Prize Promoter Trudges Forward With March Madness Sweepstakes Lawsuit

Visa Options For Athletes 

Nevada Passes New Law That Provides Flexibility For eSports Wagering 

‘This could be heaven or this could be hell’ for Hotel California

Boogaard Ruling Blurs NHL Liability In Head-Injury Suits 

Dr. Seuss Enterprises, L.P. v. ComicMix LLC 

National College Players Association Urges Prospective Student-Athletes To Negotiate Scholarship Terms With Colleges 

Copyright Compulsory License Sports Surcharge 

Started From the Bottom, Now We’re Real: Drake’s Use Of Jimmy Smith’s Commentary On ‘Real Music’ Considered Fair Use 

Game Over For Tax-Exempt Financing of Professional Sports Stadiums? 

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

 

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