The Supreme Court of New York recently denied a motion to seal the record in the case of Choi v. Solomon, stating that “harsh words are not a basis to seal a case, especially where it appears both sides have no qualms about tearing each other down.” Decision and Order on Motion at *4,
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New Yorkers Receive Postmortem Rights and Protection Against Digitization of Sexually Manipulated Content in New Right of Publicity Statute
New York has protected the rights of living persons to control the use of their name and likeness in commerce for over one hundred years. The existing right to privacy gives any person the right to sue for an injunction or damages if their name or likeness is used within New York for advertising or…
Ninth Circuit Panel Adopts “Asserted Truths” Doctrine in Holding Jersey Boys Musical Does Not Infringe Copyright
A panel of the Ninth Circuit Court of Appeals recently affirmed the Nevada District Court’s ruling that the play Jersey Boys did not infringe plaintiff’s copyright in the autobiography of Tommy DeVito – a member of the Four Seasons – as the play did not copy any protectable aspects of the autobiography. See Corbello v.
Eleventh Circuit Says Netflix Series Does Not Infringe Copyrighted Memoir
On October 27, 2020, the Eleventh Circuit affirmed a district court’s summary judgment ruling that scenes from the Netflix series Narcos did not infringe a Colombian journalist’s copyrighted memoir, agreeing that “no reasonable jury could find that the two works are substantially similar.” See Vallejo v Narcos Productions LLC, No. 19-14894, 2020 WL 6281501,…
“Are You Guys Into Crypto???”: Celebrities Promoting Cryptocurrencies Become Class Action Targets
This article was previously published on Venable’s All About Advertising Law blog.
A class action lawsuit filed against Kim Kardashian, Floyd Mayweather, and former professional basketball player Paul Pierce earlier this month underscores the need for celebrity endorsers to take care when they approach any endorsement activity in the cryptocurrency space.
The lawsuit alleges that…
Spac Boom of 2020 Likely to Trigger Media M&A Boom in 2022
One of the oddities of 2020 is that a great many people in the entertainment and media industries became familiar with a complex form of securities offering: the SPAC (Special Purpose Acquisition Company).
Despite having the word “Company” in their name, SPACs are not really companies. Rather, they are piles of money looking for businesses…
Impactful Tax Changes for the Entertainment Industry
On December 27, 2020, President Trump signed into law the $2.3 trillion Consolidated Appropriations Act, 2021 (the Act). At over five thousand pages, the Act is an amalgamation of numerous legislative measures, including further stimulus measures to combat the coronavirus pandemic, as well as an omnibus spending bill. Below is a discussion of some of…
New COVID-19 Relief Bill Reboots Paycheck Protection Program and Provides Grants to Hardest Hit Businesses in Entertainment
The federal government’s latest spending bill, the Consolidated Appropriations Act (Act), included $284 billion of renewed funding for the Paycheck Protection Program (PPP) and a newly established $15 billion grant program for “Shuttered Venue Operators” (described below). Congress also modified the PPP in numerous ways that should benefit businesses who receive PPP funding.
Under the…
Florida Court Reinforces Protections for Newsworthy Publications
The United States District Court for the Middle District of Florida recently dismissed all claims against the coupon database and news website Coupons in the News, reinforcing protections for online publications and associated photographs that are of legitimate public concern. See Anderson v. Best Buy Stores, Case No: 5:20-cv-41-JSM-PRL (M.D. Fla. July. 28, 2020).…
A Discussion on the Intersection of Race and Sexual Orientation with Author and Commentator Keith Boykin
Keith Boykin, a New York Times best-selling author and one of TV’s leading commentators on politics, race, and sexual orientation, participated in Venable’s Diversity and Inclusion Speaker Program on December 3. Keith discussed his personal struggles in coming out as a gay man and his efforts to promote inclusivity and tolerance for gay men of…