The (Late) May Episode

EntertainmentLawUpdateEpisode132 – (view transcript)

IF YOU STILL WANT TO KNOW MORE ON AN NFT… SNL HAS GOT YOU COVERED

https://www.marketwatch.com/story/what-the-hells-an-nft-snl-explains-in-an-amazing-rap-parody-11616969584?link=sfmw_fb&fbclid=IwAR0UB9si_AnyrIcCdF76duFpL6CHOCFWucHpdo5GXOttTInIRUSlVzXgrII

  • Following up from our last two episodes and discussions regarding NFTs, we forgot to mention a skit on SNL parodying Eminem’s “Without Me” which, oddly enough, serves as a good primer for those that still don’t know what an NFT is. 

NETFLIX, APPLE, AMAZON  AVOID LIABILITY OVER CHILDREN’S SONG

https://news.bloomberglaw.com/us-law-week/apple-amazon-netflix-avoid-fish-sticks-song-copyright-claims

https://completemusicupdate.com/article/us-court-throws-out-lawsuit-over-use-of-childrens-song-in-burlesque-documentary-on-fair-use-grounds/

https://blogs.law.gwu.edu/mcir/case/brown-v-netflix-2/

https://cpb-us-w2.wpmucdn.com/blogs.law.gwu.edu/dist/a/4/files/2016/05/Order-Brown-v.-Netflix.pdf (Link to 2nd Cir. Order). 


https://entertainmentlawupdate.com/2020/06/literally-libel/ (TIME STAMP AROUND 49:30 when we discussed) 

ANOTHER INSTAGRAM COPYRIGHT LAWSUIT

Last week, however, Alexis Hunley and Matthew Scott Brauer filed a class action suit against Instagram itself, on behalf of essentially everyone who, since July 2013, has had a registered copyrighted work uploaded to Instagram and embedded on a third party website via Instagram’s embedding tool without their permission.

https://www.hollywoodreporter.com/business/digital/instagram-embed-feature-sparks-copyright-suit-from-users-1234957184/

https://arstechnica.com/tech-policy/2020/06/instagram-just-threw-users-of-its-embedding-api-under-the-bus/

FOURTH ESTATE DECISION ADVERSELY IMPACTS PRO SE LITIGANT

https://www.natlawreview.com/article/fourth-estate-registration-requirement-defeats-pro-se-copyright-infringement

Cynthia Foss is a graphic designer who, in 2006, created a brochure for Marvic, Inc. (“Marvic”) to use in marketing its sunrooms. In 2016, she discovered that Marvic had been using a modified version of the brochure in print and online without asking for or receiving her permission. Because she’d failed to file copyright registration prior to suit, her case has been thrown out. Listen for some bizarre facts about how she and her lawyer (brought on later) failed to make the case stick.

BANKSY GIVEN ANOTHER SETBACK IN PROTECTING HIS WORKS

https://www.dazeddigital.com/art-photography/article/52876/1/banksy-loses-trademark-battle-after-claiming-copyright-is-for-losers

https://ipkitten.blogspot.com/2021/05/let-not-cancellation-division-see-your.html

The Cancellation Division of the European Union Intellectual Property Office (EUIPO) invalidated famous graffiti artist Banksy’s trademark claim in one of his most iconic works, Laugh Now.

BIDEN ADMINISTRATION TO MAKE IT EASIER TO DEEM GIG WORKERS AS EMPLOYEES

https://www.wsj.com/articles/biden-blocks-trump-era-gig-worker-rule-11620219168?mod=breakingnews

https://www.dol.gov/agencies/whd/flsa/2021-independent-contractor

NAME IMAGE LIKENESS LEGISLATION ROUNDUP

State by State NIL Tracker: https://businessofcollegesports.com/tracker-name-image-and-likeness-legislation-by-state/

https://www.jdsupra.com/legalnews/state-name-image-and-likeness-laws-with-2791370/?o[…]stomEmailDigest&utm_term=jds-article&utm_content=article-link

https://www.si.com/college/2021/05/06/georgia-kemp-signs-name-image-and-likeness-bill-pool-resditribution-law

https://www.si.com/college/2021/04/22/ncaa-athletes-profit-nil-marketplace-july-1

https://www.si.com/college/2021/04/30/florida-nil-law-effective-july-2021-ncaa-athletes

UMPIRE GETS (UNUSUAL) FUTURE DAMAGE MITIGATION AWARD IN LIBEL CASE

https://www.natlawreview.com/article/not-close-call-umpire-hits-home-run-seldom-used-defamation-damages-theory