Of Interest: A Win For Dr. Seuss, Ruling On ‘Empire,’ Tax Cut Repercussions
Members of the Sports & Entertainment Law Section found the following recent third-party articles to be of potential interest to the Section.
Members of the Sports & Entertainment Law Section found the following recent third-party articles to be of potential interest to the Section.
Members of the Sports & Entertainment Law Section found the following recent third-party articles to be of potential interest to the Section.
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]
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?
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
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
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
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
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.
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
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.
SEC Confirms Sales of NFL Fan Memberships Fall Outside of Securities Act
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
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
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
Copyright Compulsory License Sports Surcharge
Game Over For Tax-Exempt Financing of Professional Sports Stadiums?
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