Entertainment Law News for 11.13.09

• A case brought by more than 185 indie rockers against Rolling Stone magazine was heard yesterday at the 1st District Court of Appeal. The musicians are suing the publication for misappropriating their likenesses for commercial purposes by featuring a spread entitled, “Indie Rock Universe” next to a four-page advertisement for Camel cigarettes. The appeals court will decide whether the story constitutes pure free speech or commercial speech.
• In a sign that ISPs may get more involved in the piracy wars, Verizon is expected to begin sending out letters on behalf of the RIAA to alleged illegal file sharers. In the letter, recipients will be advised they are being accused of illegally swapping songs and to delete the content they distribute. For now, Verizon won’t threaten to terminate service.
• Speaking of the RIAA, HBO Films will document the “rise and fall” of the U.S. record industry in a movie based on Steve Knopper’s book, “Appetite for Self-Destruction.” Expect to see a heavy dose of legal characters as the film will get into the industry’s battle with Napster, among other topics.
• Is a class action in the works on behalf of victims of social gaming scams? Gawker’s Valleywag blog thinks so.
• A Tennessee district court has denied A&E Television Networks’ motion to dismiss a copyright infringement lawsuit brought by the owner of “Rocky Top,” the state song of Tennessee. The A&E show “City Confidential” featured the University of Tennessee marching band performing the song for 12-14 seconds. The court ruled that it was too early to determine whether the song’s use was transformative.