Pay or Play

Entertainment Law. Coast to Coast.®

The oil painting by renowned impressionist Camille Pissarro titled “Rue Saint-Honoré in the Afternoon, Effect of Rain” appears innocent enough.  The work depicts a boulevard in Paris during a dreamy drizzly afternoon in 1897.  But it is what appears behind the canvas that portrays a far darker portrait of human suffering and has set the stage for a titanic legal fight between the Jewish family that originally owned the painting and Spain’s Thyssen-Bornemisza Collection Foundation…
The Supreme Court turned down the petition of TVEyes for reconsideration of the ruling of the Second Circuit that TVEyes infringed Fox News copyrights. TVEyes is a media monitoring service that records virtually all TV news broadcasts in a searchable database. Subscribers can search for content by keyword and download 10-minute clips from the broadcasts. TVEyes raised a fair use defense against Fox News’s copyright infringement action, citing the importance of its service to…
Normally, efforts to halt arbitrations are dead on arrival if an arbitration agreement exists between the parties.  This is especially so when there is no dispute over the scope of the arbitration provision or the claims that are subject to arbitration. In Shawn C. Carter p/k/a Jay-Z, et al. v. Ionix Brand Group, Inc., et al., (N.Y. Sup. Ct., New York County, Petition filed Nov. 18, 2018), Jay-Z accomplished the extraordinary, at least temporarily. …
The battle of the briefs continued as Fox News urged the Supreme Court to take a pass on a petition for certiorari from TVEyes in a copyright case that has drawn considerable attention. As regular readers will recall, TVEyes records virtually everything on TV into a fully searchable database that it sells to subscribers. Fox News sued for copyright infringement; TVEyes asserted a fair use defense, which was rejected by the Second Circuit. TVEyes…
This post is authored by Fox Rothschild partner Christopher P. Beall: The much ballyhooed case involving copyright and trademark claims against the producers of the Netflix television series The Chilling Adventures of Sabrina reportedly has ended, with news media reporting – based on a statement from counsel for the Satanic Temple (giving new meaning to the phrase “devil’s advocate”) – that the case has been resolved. The television show’s attorneys confirmed the fact…
Cody Lundin’s lawsuit against Discovery for allegedly defaming Lundin in its reality series “Dual Survival” was voted off the island earlier this month when a district court in Arizona granted Discovery’s motion for summary judgment.  Lundin’s claims arose from an episode titled “Journey’s End to a New Beginning” which depicted Lundin walking off the program after clashing with the show’s co-host Joe Teti.  Lundin alleged the episode advanced the “false narrative” of him “walking off…
This post is authored by Fox Rothschild partner Christopher P. Beall: Sabrina Spellman, she of the twitchy, witchy Archie Horror comic world in the Netflix reboot The Chilling Adventures of Sabrina, released last month with two 10-episode seasons, already has her hands full, what with teen angst, lust, occult powers, and a coming of age quandary. Now, though, she also has those hellhounds known as lawyers on her trail. The case, United…
Small low-power AM radio stations across the country may be in for a big boost.  The Federal Communications Commission (FCC) proposed regulations last month to increase the power of more local stations while scaling back some of the interference protections currently enjoyed by the 57 Class A 50,000 watt stations which dominate the nation’s AM dial. At present, small AM stations are obligated to limit their signal strength at certain times to avoid encroaching on…
Shortly after the 2015 debut of the hit Fox Television show Empire, Clayton Tanksley sued the studio, distributor, producer and creators of Empire for copyright infringement and related claims in the United States District Court for the Eastern District of Pennsylvania.  Tanksley’s claims stem from an alleged 2008 meeting with Empire’s creator and producer, Lee Daniels during a film competition sponsored by the Greater Philadelphia Film Office called Philly Pitch.  (The Film Office also was…
In dueling motions for summary judgment over copyright infringement claims, The Warhol Foundation butts heads with a photographer whose photo was a source for Warhol’s “Prince Series.” Lynn Goldsmith is a self-described “rock and roll photographer” who has been photographing music legends since the early 1970s. The photograph in question was from a 1981 shoot she did for Newsweek with the late pop star Prince. Goldsmith says she licensed the photo to Vanity Fair for…