New York Law Journal | Analysis
By Robert W. Clarida and Robert J. Bernstein | November 19, 2020
Is a state law claim for unauthorized commercial use of an individual's name, voice or likeness—i.e., a right of publicity (ROP) claim—preempted by the federal Copyright Act, when the defendant violates the ROP by reproducing or otherwise exploiting a copyrighted work that embodies such name/voice/likeness? In this edition of their Copyright Law column, Robert W. Clarida and Robert J. Bernstein examine a recent case that addressed this issue.
By Ryan Tarinelli | November 17, 2020
"For too long, New York's weak anti-SLAPP law has allowed those in the public eye to use frivolous lawsuits to punish critics, silence journalists and whistleblowers, and stifle opinions protected by the First Amendment," said Justin Harrison, senior policy counsel at the New York Civil Liberties Union, in a statement.
New York Law Journal | Analysis
By Neil J. Rosini and Michael I. Rudell | October 2, 2020
Neil J. Rosini and Michael I. Rudell, in their column on Entertainment Law, discuss a class action by recording artists seeking termination of rights that looks at "execution" of grants and makes new law.
By Jane Wester | September 16, 2020
Marc Kasowitz argued in court papers that the ex-president of the Marlborough Gallery was removed as part of a "coup d'etat" while his father was seriously ill with COVID-19. But lawyers for the gallery pushed back, saying its former president breached fiduciary duty and misappropriated funds.
The Legal Intelligencer | News
By Max Mitchell | August 25, 2020
In a proposed class action lawsuit filed Tuesday in the U.S. District Court for the Eastern District of Pennsylvania, two former Pittsburgh Steelers allege that the league has been improperly using race and ethnicity information to undercut their cognitive impairment claims.
By Tom McParland | August 12, 2020
Lawyer and author Linda Hirshman claimed that Don Franzen, a Los Angeles attorney, misrepresented his rights to Hirshman's book "Sisters in Law" and interfered with negotiations to option the 2015 best-seller to actress Alyssa Milano's production companies.
New York Law Journal | Expert Opinion
By Anthony Dreyer and Andrew Patrick | August 4, 2020
The New York Appellate Division and the Illinois Supreme Court recently issued conflicting opinions on whether daily fantasy sports are considered gambling. This article examines these two decisions and their impact on the legal landscape of paid contests involving chance and skill.
New York Law Journal | Analysis
By Michael I. Rudell and Neil J. Rosini | July 31, 2020
In their Entertainment Law column, Michael I. Rudell and Neil J. Rosini explore one of the big questions for contracting parties in the midst of this pandemic: whether force majeure will excuse or postpone a party's obligations without liability.
New York Law Journal | Analysis
By Robert W. Clarida and Robert J. Bernstein | July 23, 2020
Robert W. Clarida and Robert J. Bernstein discuss whether recording artists who transferred their rights to record labels through so called "loan-out" companies are entitled to any termination rights at all under Section 203 of the Copyright Act.
By Matthew Windman | July 16, 2020
A look at the legal issues affecting the Broadway theater industry as a result of the coronavirus, including issues involving insurance coverage, contract duties and defenses, union jurisdiction, the duty to provide refunds for cancelled performances, copyright infringement, health and safety guidelines, and the difficulties of livestreaming and recording theater-related programming.
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