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In this episode of Entertainment Law Update, Gordon Firemark and Tamera Bennett discuss another month of important legal developments affecting creators, entertainment professionals, copyright owners, media companies, and intellectual property lawyers.
This month's stories include an important fair use ruling involving expert reports filed in court, a major copyright ownership dispute involving Parliament-Funkadelic keyboardist Bernie Worrell, California's decision that the famous Kars4Kids jingle misleads donors, a significant setback for 2 Live Crew's effort to reclaim its music catalog, the Ninth Circuit's decision to rehear the Kat Von D tattoo copyright case en banc, proposed legislation that could fundamentally restructure the U.S. Copyright Office, Stephen Colbert's “Peanuts” music stunt, and a trademark dispute involving Amazon's television series Cross.
Stories Covered
Fair Use? Attorneys Sued for Copying Expert Report Filed in Court
The District Court for the District of Columbia ruled that simply filing a copyrighted work in court does not place it into the public domain. The court also held that fair use could not be decided at the motion-to-dismiss stage because it requires a detailed factual analysis.
We discuss:
- Why court filings remain protected by copyright.
- Whether lawyers can freely copy documents found on PACER.
- Why fair use often cannot be decided early in litigation.
Bernie Worrell Estate v. George Clinton
The Sixth Circuit revives an important copyright ownership lawsuit involving legendary Parliament-Funkadelic keyboardist Bernie Worrell.
Topics include:
- Royalty disputes versus ownership disputes.
- When the statute of limitations begins.
- Copyright assignments under Section 204.
- Joint authorship in collaborative music projects.
Opinion:
https://law.justia.com/cases/federal/appellate-courts/ca6/25-1863/25-1863-2026-05-27.html
California Says the Kars4Kids Jingle Misled Donors
One of America's most recognizable advertising jingles has become the subject of a false advertising judgment.
The California court concluded that:
- The advertising omitted material facts.
- Donors were likely misled about who benefited.
- Future broadcasts in California must include clear disclosures regarding the charity's mission, beneficiaries, and religious affiliation.
JD Supra Summary:
https://www.jdsupra.com/legalnews/when-a-jingle-becomes-a-liability-3995218/
2 Live Crew Loses Bid to Reclaim Copyrights
The Eleventh Circuit ruled that one member's bankruptcy prevented the group from effectively exercising Copyright Act termination rights.
We discuss:
- Copyright termination rights.
- Bankruptcy law.
- Why timing matters.
- What artists should learn before filing termination notices.
Case:
https://law.justia.com/cases/federal/appellate-courts/ca11/24-13978/24-13978-2026-06-02.html
Coverage:
https://courthousenews.com/11th-circuit-says-2-live-crew-cannot-reclaim-music-catalog/
Kat Von D Tattoo Copyright Case Gets Rare En Banc Review
The Ninth Circuit has agreed to rehear the famous Miles Davis tattoo copyright case before the full court.
The case could reshape copyright law regarding:
- Tattoos.
- Reference photographs.
- The substantial similarity test.
- The Ninth Circuit's unique intrinsic/extrinsic framework.
Additional discussion:
https://www.linkedin.com/posts/copyrightlately_copyright-copyrightlaw-copyrightlately-activity-7470202731618754562-E65w
Congress Considers Major Copyright Office Overhaul
A bill quietly moving through Congress could significantly alter the structure and independence of the U.S. Copyright Office.
We discuss:
- Moving authority from the Library of Congress.
- Presidential appointment of the Register of Copyrights.
- DMCA rulemaking.
- AI policy implications.
- Separation-of-powers concerns.
Background:
https://kipcurriercopyright.blogspot.com/2026/06/congress-just-rushed-through-disastrous.html
LinkedIn discussion:
https://www.linkedin.com/posts/casini_the-quiet-restructuring-of-copyright-governance-share-7467520961689415680-VNLi
Stephen Colbert, CBS, and the Peanuts Theme
Stephen Colbert joked about copyright during his final show—and CBS ended up paying a real license fee after the band played part of Vince Guaraldi's famous “Lucy and Linus.”
The resulting payment was donated to World Central Kitchen.
Read more:
Amazon's “Love Zone” Wins Trademark Challenge
A radio personality who owns the trademark The Love Zone sued Amazon over a fictional radio program using the same name in the series Cross.
The court applied the Rogers v. Grimaldi test and dismissed the Lanham Act claims, reinforcing First Amendment protections for expressive works.
Opinion:
https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2025cv08642/651395/28/
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