Close-Ups

Entertainment and Media News

With the rise of social distancing and stay-at-home orders, the demand for online content has increased exponentially. Given this new reality, online content creators must take steps to ensure that their online creations don’t land them in legal hot water. One of the most prevalent cross-industry issues is music licensing. Music is everywhere in online content and often plays an integral part in the overall experience. From video game players streaming music as they show…
Although many businesses providing services in the field of performing arts are not eligible for the qualified business income (QBI) deduction, some entertainment businesses that do not fall in this category have taken the position that they do qualify.  Recent indicators from the IRS, however, suggest that taxpayers claiming the QBI deduction may be subject to increased audit risk in the near future.…
The California Court of Appeal (the Court) has affirmed a trial court’s grant of preliminary injunction, enjoining HomeAdvisor’s use of allegedly misleading language in advertisements.  See People ex rel. Gascon v. HomeAdvisor, Inc., No. A154960 (Cal. Ct. App. June 5, 2020). The lawsuit was brought by the People of the State of California (the People), acting by and through the San Francisco District Attorney.  Specifically, the People claimed that HomeAdvisor’s advertisements were “false and…
Among the countless casualties of COVID-19, many much-anticipated events had to be canceled. Instead, some of the world’s largest entertainment industry events are becoming virtual experiences. Comic Con, which boasts over 135,000 annual attendees, announced that its in-person convention will be replaced in 2020 by a virtual experience. Lollapalooza, an annual music festival in Chicago, will also be virtual this summer. Even the venerable Cannes Film Festival has moved online. These virtual formats…
A Texas Court of Appeals recently affirmed the dismissal of a case against Kirkstall Road Enterprises (Kirkstall), the production company behind the true-crime show The First 48, holding that Kirkstall could not be held liable for the shooting of a man who appeared as a witness on one of the show’s episodes. The First 48 is a nationally-broadcasted show that features investigations of real homicide cases.  Each episode follows homicide detectives in the first 48…
An increasing number of celebrities and social media personalities are endorsing the use of cannabidiol (CBD) products through social media. Many of these “influencers,” however, fail to account for and comply with the complex regulatory environment surrounding CBD advertisements. In the United States, the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) both limit the use of certain language in CBD endorsements. As these advertisements attempt to reach the broadest possible audience,…
One of the key elements in the White Paper from the Industry-wide Labor-Management Safety Committee Task Force is the agreement among producers and unions to have an “autonomous” COVID-19 Compliance Officer for each production. The Compliance Officer will not be above-the-line talent, but will nonetheless play a starring role. The White Paper defines the role of the Compliance Officer as an autonomous designee whose principal responsibilities will include overseeing and monitoring physical distancing, symptom monitoring…
On April 13, 2020, a federal district court in the Southern District of New York[1] held in Sinclair v. Ziff Davis, LLC, and Mashable, Inc., 180CV0790 (KMW) (Order), that an Instagram user who posted a photograph to a public account effectively gave Instagram the right to sublicense her photographs to a third party.  The Court held that the user therefore had no viable claim against the third party for copyright infringement. The plaintiff…
On June 5, the California Department of Public Health (CDPH) released statewide guidance for music, film, and television production to restart.  This guidance is the latest development in the reopening of the entertainment industry in California as the state continues to advance through its roadmap for reopening, following the submission to Governor Newsom on June 3 of a white paper with recommendations on this topic from representatives of producers and the unions of the…
On June 1, the Industry-Wide Labor-Management Safety Committee Task Force (Task Force), composed of representatives of producers and the unions of the motion picture and television industries, submitted to the governors of California and New York a white paper proposing guidelines for the resumption of motion picture, television, and streaming production (White Paper). The White Paper presents the consensus of the Task Force regarding the circumstances under which content production can safely resume, with an…