Entertainment Law News for 3.30.10

• Producer Craig Nevius has responded to the lawsuit filed against him by the estate of Farrah Fawcett. Nevius, who was sued for botching the documentary of the late actress and embezzling, claims the estate has mishandled money. [AP]

• A U.K. High Court judge has given the MPAA a victory over Newzbin, a site that indexes files posted to Usenet newsgroups, ruling that the website helped its members violate copyrights. The decision extends the liability of an ISP. [LAT]

• Kelsey Grammer is paying just $10 to settle a lawsuit with a man who claimed the 2008 film “Swing Vote” had copied his script. [TMZ]

• Google doesn’t like the suggestion that targeting a journalist for allegedly participating in the leak of sealed documents is similar to China’s efforts to crack down on free speech. [C&C]

• Actor Rip Torn plans to enter pleas to burglary and firearm charges after allegedly becoming intoxicated and breaking into a bank with a loaded gun thinking it was his home. [AP]

New Sports Law Scholarship

Douglas E. Abrams, Sports in the courts: the role of sports references in judicial opinions, 17 VILLANOVA SPORTS & ENTERTAINMENT LAW JOURNAL 1 (2010)

Roger I. Abrams, Sports arbitration and enforcing promises: Brian Shaw and labor arbitration, 20 MARQUETTE SPORTS LAW REVIEW 223 (2009)

Timothy S. Bolen, Note, Singled out: application and defense of antitrust law and single entity status to non-team sports, 15 SUFFOLK JOURNAL OF TRIAL & APPELLATE ADVOCACY 80 (2010)

Christopher B. Carbot, Comment, The odd couple: stadium naming rights mitigating the public-private stadium finance debate, 4 FLORIDA INTERNATIONAL UNIVERSITY LAW REVIEW 515 (2009)

Walter T. Champion, Jr., “Mixed metaphors,” revisionist history and post-hypnotic suggestions on the interpretation of sports antitrust exemptions: the Second Circuit’s use in Clarett of a Piazza-like “innovative reinterpretation of Supreme Court dogma,” 20 MARQUETTE SPORTS LAW REVIEW 55 (2009)

Josh Chetwynd, Play ball? An analysis of final-offer arbitration, its use in Major League Baseball and its potential applicability to European football wage and transfer disputes, 20 MARQUETTE SPORTS LAW REVIEW 109 (2009)

John D. Colombo, The NCAA, tax exemption, and college athletics, 2010 UNIVERSITY OF ILLINOIS LAW REVIEW 109

Ed Edmonds, A most interesting part of baseball’s monetary structure – salary arbitration in its thirty-fifth year, 20 MARQUETTE SPORTS LAW REVIEW 1 (2009)

Stacey B. Evans, Sports agents: ethical representatives or overly aggressive adversaries?, 17 VILLANOVA SPORTS & ENTERTAINMENT LAW JOURNAL 91 (2010)

Mathieu Fournier & Dominic Roux, Labor relations in the National Hockey League: a model of transnational collective bargaining?, 20 MARQUETTE SPORTS LAW REVIEW 147 (2009)

Lloyd Freeburn, European football’s home-grown players rules and nationality discrimination under the European Community Treaty, 20 MARQUETTE SPORTS LAW REVIEW 177 (2009)

James Halt, Comment, Where is the privacy in WADA’s “whereabouts” rule?, 20 MARQUETTE SPORTS LAW REVIEW 267 (2009)

Ron S. Hochbaum, Comment, “And it only took them 307 years”: ruminations on legal and non-legal approaches to diversifying head coaching in college football, 17 VILLANOVA SPORTS & ENTERTAINMENT LAW JOURNAL 161 (2010)

Kristen E. Knauf, Sports law in law reviews and journals (index), 20 MARQUETTE SPORTS LAW REVIEW 299 (2009)

Erick S. Lee, A perception of impropriety: the use of package deals in college basketball recruiting, 17 VILLANOVA SPORTS & ENTERTAINMENT LAW JOURNAL59 (2010)

Michael A. McCann, American Needle v. NFL: an opportunity to reshape sports law, 119 YALE LAW JOURNAL 726 (2010)

Alex B. Porteshawver, Comment, Green sports facilities: why adopting new green-building policies will improve the environment and the community, 20 MARQUETTE SPORTS LAW REVIEW 241 (2009)

Michael J. Redding & Daniel R. Peterson, Third and long: the issues facing the NFL collective bargaining agreement negotiations and the effects of an uncapped year, 20 MARQUETTE SPORTS LAW REVIEW 95 (2009)

Nicholas J. Rieder, Book note, reviewing Don Wollett, Getting on Base: Unionism in Baseball, 20 MARQUETTE SPORTS LAW REVIEW 291 (2009)

David L. Snyder, Automatic outs: salary arbitration in Nippon Professional Baseball, 20 MARQUETTE SPORTS LAW REVIEW. 79 (2009)

Jonathan Stensvaag, Note, English-only rules: Title VII, Title II, and the Ladies Professional Golf Association’s proposed English-only rule, 13 JOURNAL OF GENDER, RACE & JUSTICE 241 (2009)

Maureen A. Weston, Simply a dress rehearsal? U.S. Olympic sports arbitration and de novo review at the Court of Arbitration for Sport, 38 GEORGIA JOURNAL OF
INTERNATIONAL AND COMPARATIVE LAW 97 (2009)

Entertainment Law News for 3.29.10

• Many are eagerly awaiting a TV comedy series to be called “iCon” from a guy who once blogged pretending to be Steve Jobs. The show is “a scabrous satire of Silicon Valley and its most famous citizen” but it has hit a snag over a contract dispute about the studio’s control of the creator’s blog. [Fortune}

• Lawyers for Google say broadcast journalist Bob Tur is responsible for leaking sensitive documents in the Viacom-YouTube case. Tur, who became famous for getting aerial footage of the Rodney King riots and O.J. Simpson's car chase, has been battling YouTube for years as one of the first litigants to file a copyright infringement case against the company. [CNET] More on Tur here from our 2007 profile of him for Esquire magazine.

• A New Jersey police officer and his wife are the latest individuals to try — and fail — to get a judge to block the release of MTV reality show “Jersey Shore” over an unflattering portrayal. [AP]

• A federal court in Alabama has rejected Gawker Media’s motion to dismiss a complaint for libel concerning statements made by its auto blog on motorcycles manufactured by Confederate Motors, Inc. The post portrayed the motorcycles — used by Tom Cruise and Brad Pitt, apparently — as unreliable and the subject of mass litigation. [C&C]

Entertainment Law News for 3.26.10

• The MPAA is objecting to two proposed boxoffice futures commodities exchanges, arguing in a letter to regulators that gambling on movie receipts would tarnish the reputation and integrity of the industry. [LAT]

• Here’s a quote that came too late for YouTube to stick it in its motion to dismiss Viacom’s $1 billion copyright infringement case. At the Boston College Chief Executives’ Club yesterday, Viacom CEO Philippe Dauman said, “We have nothing against YouTube. It’s a wonderful service.” Nothing? [Bloomberg]

• Speaking of that case, both Viacom and Google are meeting with a judge today to discuss an investigation into who leaked depositions from the case to a reporter. [CNET]

• An Irish court has ruled that Prince owes nearly $3 million in damages to a concert promoter for bailing on a Dublin show and failing to live to the terms of a settlement. [TMZ]

• A coalition of wildlife groups has filed a lawsuit attempting to stop a deal that was made with Ted Turner. The media mogul agreed to take on dozens of bison from Yellowstone National Park in exchange for 75% of their offspring. We can’t make this stuff up. [AP]

Entertainment Law News for 3.25.10

• A draft of the controversial Anti-Counterfeiting Trade Agreement has leaked onto the Internet. The document shows that, among other things, ISPs would be required to adopt policies to address file-sharing, and rights-holders would be in position to apply for injunctions against intermediaries whose services are used by a third party to infringe IP. [Wired / TechDirt]

• Meanwhile, the first-ever U.S. IP Enforcement Coordinator received comments from various trade and labor groups in Hollywood who want more anti-piracy resources. [THR]

• Delays in passing the NY state budget may mean delays in the state incentive program for film and TV production tax credits. [THR]

• The NY Times Company has issued an apology and agreed to pay $114,000 to leaders of Singapore’s government after receiving threats of a libel lawsuit for publishing a column about “dynastic politics” in East Asian countries. [NYT]

• Meanwhile, the National Press Club is urging Congressional lawmakers to pass a law that would discourage foreign lawsuits that limit American authors’ and journalists’ First Amendment rights. [PR Newswire]

Entertainment Law News for 3.24.10

• An appeals court has lifted the FCC’s “cross-ownership” ban blocking media companies from owning a newspaper and a broadcast TV station in the same market. Relaxation of the rule was opposed vigorously by several public interest groups while some argued that dire market conditions made it necessary. [THR]

• U.K. justice secretary Jack Straw has introduced significant proposals to make it tougher for foreign litigants to bring libel claims in the country. [Guardian]

• Broadcasters have been getting many letters lately from SoundExchange, reminding them that they can’t stream songs without paying public performance royalties. These fees are in addition to those paid to ASCAP, BMI and SESAC. [Broadcast Law Blog]

• Two members of a group claimed to be one of the most active purveyors of leaking albums before release were found not guilty on charges of conspiracy to commit copyright infringement. [TorrentFreak]

FIU Law Review Hosting Labor Law Symposium on 3/26-27

Florida International University College Of Law, 2010 Law Review Symposium
Whither the Board?  The National Labor Relations Board at 75

As the National Labor Relations Board approaches its 75th anniversary, its continued vitality has been questioned.  It has operated with only two members since December 28, 2007.  Two calendar years have passed, and yet there are few signs that the public or the workforce has noticed.  Is this a temporary matter, or has one of the original New Deal agencies lost focus?  If it has, what should the Board do to reinvigorate its traditional role as the primary regulator of private-sector labor relations?

We invite you to a Symposium to discuss these issues, hosted by the Law Review at the Florida International University College of Law on March 26-27, 2010.  The gathering will bring together a small, select group of nationally- renowned scholars, government officials, and practitioners to present and discuss potential changes in national labor relations law, as well as structural and administrative reform that could, without change to the existing statutes, improve the efficacy of the NLRB.

On Saturday, March 27th, we will conclude with two more presentations and an off-the-record discussion among our distinguished guests.  For more information on this upcoming event, including a tentative schedule, please click this link.

Tentative Schedule:

Friday, March 26th
8:00 – 9:15 a.m.   Breakfast at Florida International University College of Law

9:15 – 11:45 a.m. Panel I
Structural and Administrative Reform under the Existing NLRA
Jennifer Hill, Esq., Florida Immigrant Advocacy Center
Jeff Hirsch, Associate Professor of Law, University of Tennessee College of Law
Anne Lofaso, Professor of Law, West Virginia University College of Law
Jeffrey Lubbers, Professor of Practice in Administrative Law, American University College of Law
John Sanchez, Professor of Law, Nova Southeastern University Law School

11:45 – 12:00 p.m. Break

12:00 – 2:00 p.m.  Lunch
Speakers
Dean R. Alexander Acosta, FIU College of Law & Former Member, NLRB
Wilma Liebman, Chairman, NLRB

2:00 – 4: 30 p.m.  Panel II
Changes in Board Law under the Existing NLRA
Matthew Bodie, Associate Professor of Law, Saint Louis University School of Law
James Brudney, Newton D. Baker-Baker & Hostetler Chair in Law, Ohio State College of Law
Catherine Fisk, Professor of Law, University of California-Irvine School of Law
Michael Harper, Professor of Law, Barreca Labor Relations Scholar, Boston University

4:45 p.m.  Return to Westin, Coral Gables

Saturday, March 27th
8:00 – 9:00 a.m.  Breakfast

9:00 – 10:15 a.m.  Panel III
Structural and Legal Reform: The Discussion Continues
Samuel Estreicher, Dwight Opperman Professor of Law, New York University School of Law
Paul Secunda, Associate Professor of Law, Marquette University Law School
Peter Schaumber, Member, NLRB

10:15 a.m. – 10:30 a.m. Break

10:30 a.m. – 12:00 p.m. Reflective Discussion

12:00 p.m. – 1:00 p.m. Lunch

HOTEL INFORMATION: Most out-of-town guests will be staying at the Westin Colonnade Coral Gables, 180 Aragon Ave., Coral Gables.  To make reservations, please call the Westin Coral Gables directly at (305) 441-2600.

Entertainment Law News for 3.23.10

• Will video game publisher Electronic Arts sue over the way its “Tiger Woods PGA Tour Golf” was depicted on a recent episode of “South Park”? [Digital Spy]

• A teenage ex-beauty queen is suing Disney and the ABC show “Wife Swap” for $100 million, claiming they intentionally caused severe emotional and psychological harm. The lawsuit also claims that many of the sequences on the hit RDF-produced reality show are scripted. [NYP]

• The widow of country music legend Roger Miller has beaten Sony/ATV Publishing in federal court to win the copyrights to some of his biggest hits, including “King of the Road,” plus about $900,000 in owed royalties. [Billboard]

• A famed fabric store based in Paris, France is suing the author of a crime novel for defamation for depicting its business rocked by threats, voodoo, and staff abductions. [Guardian]

• Hollywood has become so litigious that it’s news when someone decides not to sue. Despite saying he’s owed royalties, Lady Gaga’s former bassist and co-writer Tommy Kafafian says he won’t go down the path of Rob Fusari. “I don’t wanna sue anybody,” he says. “It’s really not my style.” [NJ Entertainment]

Entertainment Law News for 3.9.10

• A federal judge has given Google and Viacom 10 days to figure out what portions of their recently filed summary judgment motions to keep under seal. Google has been particularly anxious to keep its motion private, leading to objections by observers that there is a First Amendment right of access to court documents. Much of the motions should be public soon, thanks to the latest decision. [All Things Digital/ CNET/ Copyright & Campaigns]

• Lindsay Lohan is suing E-Trade for $100 million, claiming that a boyfriend-stealing, “milkaholic” baby in its latest commercial was modeled after her. The baby’s name was identified as “Lindsay” in the commercial and the actress’ lawyer says she deserves the same single-name recognition as Oprah or Madonna. [NY Post]

• An industry analyst believes that the recent lawsuit by the former heads of the studio that created the “Call of Duty” and “Modern Warfare” video games has the potential to “shape the developer/publisher relationship forever.” [Guardian]

• Quentin Tarantino, Bob and Harvey Weinstein, and Disney are being sued for allegedly ripping off a concept about a man avenging his mother’s murder outlined in a script treatment. The plaintiff claims it was used in the creation of “Kill Bill.” [Read the complaint (PDF download)]

• Two paparazzi are suing ABC for battery, false imprisonment and negligence after being manhandled outside the wedding of “The Bachelor” couple Jason Mesnick and Molly Malaney. [Read the complaint]

Entertainment Law News for 3.4.10

• RealNetworks has settled its dispute with the MPAA over a software that lets users make digital copies of DVDs. The company has agreed to abandon its antitrust claims and pay the movie industry $4.5 million to reimburse it for legal fees and costs. [THR]

• Politicians are entering the fray in the dispute between Cablevision and ABC over retransmission fees. Two senators sent dueling letters to FCC chairman Julius Genachowski that offered arguments about whether the regulatory agency should get involved. [THR]

• A few high-profile appeals-level judges took the stand yesterday to testify against a shock jock radio host who had issued death threats against them. [NYT]

• CBS is being sued by a man who claims the network’s show “The Doctors” tricked him into appearing before a live studio audience to undergo laser surgery on his penis. The man says he suffered great embarrassment. This isn’t the first time that a sensitive medical procedure has caused a legal fuss. Last year, Fox News was sued for airing a woman’s breast surgery gone horribly wrong. [CNS]

Entertainment Law News for 3.3.10

• When can we expect the anticipated copyright showdown between Rupert Murdoch and Google? Within a long profile of Murdoch and News Corp, a senior media executive who recently conferred with Murdoch says he’s readying a lawsuit. “He’s pretty tightly wound up on Google and has been ready to sue them. … He doesn’t trust them at all.” [New York]

• Twentieth Century Fox (also owned by Murdoch) is investigating use of “Star Wars” clips in a motivational video produced by the Church of Scientology after Gawker brought it to the studio’s attention. [Gawker]

• Verizon recently licensed a patent from a holder called Intellectual Ventures and is now using that patent to go after TiVo in an infringement lawsuit. [The Recorder]

• The Senate Commerce Committee is eyeing late next week to begin its hearings on the Comcast-NBCU merger. [B&C]

• Alec Baldwin, Harvard Law lecturer, has taken his professorial talents to Fordham Law. [NYDN]

Entertainment Law News for 3.2.10

• A dispute over cable retrans fees threatens to remove ABC from Cablevision subscribers in the New York tri-state region just in time for the Oscars telecast. Cablevision says it’s not fair for Disney/ABC to hold its viewers hostage. [THR, PaidContent]

• The Supreme Court today overturned a lower court ruling that threw out an $18 million settlement between publishers and freelance writers in a case about digital rights to works. [Reuters]

• Retailers are refusing to carry an issue of Q magazine showing Lady Gaga in a racy pose on the cover, citing concerns about “crotch grabbing” and a New York State law that prohibits retailers from carrying magazines “showing anything below the nipple.” [Folio]

• A former member of the chart-topping band the Sugababes is suing her ex-bandmates over use of the band’s name. [Mirror] Obviously, the band name has a lot of cache, but the plaintiff has another reason to be litigious: From ABBA to ZZ Top, all the good band names are taken. [WSJ]

• A former model on CBS’ “The Price Is Right” is suing the network over unfair treatment when she became pregnant. Brandi Cochran claims the stress was so severe, her pregnancy ended in miscarriage. Here’s the complaint.

New Sports Law Scholarship

This latest update of Sports Law Scholarship features, among others, the former President of SELS, Adam Wasch. His article is fantastic and I hope that you all have a chance to read it sometime.

Sean W.L. Alford, Comment, Dusting off the AK-47: an examination of NFL players’ most powerful weapon in an antitrust lawsuit against the NFL, 88 NORTH CAROLINA LAW REVIEW 212 (2009)

Jeffrey Benz, Common issues in international sports arbitration, 10 PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL 165 (2009)

Kristan Bryant, Note, Take a knee: applying the First Amendment to locker room prayers and religion in college sports, 36 JOURNAL OF COLLEGE & UNIVERSITY LAW 329 (2009)

Christian Dennie, Tebow drops back to pass: videogames have crossed the line, but does the right of publicity protect a student-athlete’s likeness when balanced against the First Amendment?, 62 ARKANSAS LAW REVIEW 645 (2009)

N. Jeremi Duru, This field is our field: foreign players, domestic leagues, and the unlawful racial manipulation of American sport, 84 TULANE LAW REVIEW 613 (2010)

Virginia A. Fitt, Note, The NCAA’s lost cause and the legal ease of redefining amateurism, 59 DUKE LAW JOURNAL 555 (2009)

Michael Gerton, Note, Kids’ play: examining the impact of the CBC Distribution decision on college fantasy sports, 11 TEXAS REVIEW OF ENTERTAINMENT AND SPORTS LAW 153 (2009)

Mike Leach, A legal education applied to coaching college football, 42 TEXAS TECH LAW REVIEW 77 (2009)

Michael Lenard, The future of sports dispute resolution, 10 PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL 173 (2009)

Richard H. McLaren & Geoff Cowper-Smith, The Beijing Summer Olympic Games: decisions from the CAS and IOC, 10 PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL 69 (2009)

Matthew J. Mitten, Judicial review of Olympic and international sports arbitration awards: trends and observations, 10 PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL 51 (2009)

Jennifer A. Mueller, Note, The best defense is a good offense: student-athlete amateurism should not become a fantasy, 2009 UNIVERSITY OF ILLINOIS JOURNAL OF LAW, TECHNOLOGY & POLICY 527-560

Chad M. Oldfather & Matthew M. Fernholz, Comparative procedure on a Sunday afternoon: instant replay in the NFL as a process of appellate review, 43 INDIANA LAW REVIEW 45 (2009)

Christopher Pruitt, Debunking a popular antitrust myth: the single entity rule and why college football’s Bowl Championship Series does not violate the Sherman Antitrust Act, 11 TEXAS REVIEW OF ENTERTAINMENT AND SPORTS LAW 125 (2009)

Scott Rosner & Deborah Low, The efficacy of Olympic bans and boycotts on effectuating international political and economic change, 11 TEXAS REVIEW OF ENTERTAINMENT AND SPORTS LAW 27 (2009)

John Ruger, From the trenches: the landscape of sports dispute resolution and athlete representation, 10 PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL 157 (2009)

Michael S. Straubel, Lessons from USADA v. Jenkins: you can’t win when you beat a monopoly, 10 PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL 119 (2009)

Geoff Varney, Note, Fighting for respect: MMA’s struggle for acceptance and how the Muhammad Ali Act would give it a sporting change, 112 WEST VIRGINIA LAW REVIEW 269 (2009)

Jeremy A. Wale, Adequate protection of professional athletes’ publicity rights: a federal statute is the only answer, 11 THOMAS M. COOLEY JOURNAL OF PRACTICAL & CLINICAL LAW 245 (2009)

Adam Wasch, Children left behind: the effect of Major League Baseball on education in the Dominican Republic, 11 TEXAS REVIEW OF ENTERTAINMENT AND SPORTS LAW 99 (2009)

Maureen A. Weston, Doping control, mandatory arbitration, and process dangers for accused athletes in international sports, 10 PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL 5 (2009)

Dr. Glenn M. Wong, Kyle Skillman & Chris Deubert, The NCAA’s Infractions Appeals Committee: Recent Case History, Analysis and the Beginning of a New Chapter, 9 VIRGINIA SPORTS & ENTERTAINMENT LAW JOURNAL 47 (Fall 2009)

Brian P. Yates, Whether building a new sports arena will revitalize downtown and make the team a winner, 17 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW 269 (2009)

Entertainment Law News for 3.1.10

• AFTRA’s board has unanimously approved joint bargaining with SAG on the guilds’ TV-theatrical contracts set to expire June 30, 2011. [THR]

• Thousands of song copyrights are entangled in a complicated court battle between Carbert Music and May-Loo Music. Carbert, the publisher of songs including AC/DC’s “Back in Black,” James Brown’s “I Got You (I Feel Good),” and “What a Wonderful World,” claims songs were fraudulently registered. [CNS]

• An L.A. Times feature follows the copyright debate sparked by a Photo District News report on the similarities between dueling photography exhibits by David Burdeny and Sze Tsung. A great example of why line-drawing on “fair use” in the photo world is so difficult. [PDN, LAT]

• An Amsterdam court’s March 1 deadline to remove a list of “infringing” torrents from the Pirate Bay has come and thus far no changes have been made to the popular source of pirated media. [TorrentFreak]

• More in the ongoing saga of Musicians v. Politicians: Two high-profile gubernatorial candidates in Texas have been using a lot of popular music in campaign commercials posted on YouTube. In reaction, several bands are getting lawyers involved in sending cease-and-desist letters. [Star-Telegram]