Recently, I was watching a hockey game on TV with some friends. During the breaks in the action, the old familiar Jock Jams were playing on the arena’s speakers. One of the folks in the room asked whether they have to pay to use those recordings. Yes, they do: it’s a public performance, subject to the restrictions found in the Copyright Act. The same applies to other public venues, such as restaurants and bars. Naturally, the restaurant owners aren’t out there asking the Beatles for their OK to play “Hey Jude” during dinner service. Instead, the rights are administered by…
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Archives: Entertainment Law
Kickstarter Game Lawsuit: Magic vs. Hex
May 28, 2014
Kickstarter has become a great way for game designers to get their products made. In terms of total dollars raised, games are Kickstarter’s most successful category (Kickstarter is nice enough to make some interesting stats available here.) Game designers can now appeal directly to fans and give them what they want. And often, what fans want is something kind of like what they already enjoy. That’s how intellectual property lawsuits are born, folks. In the latest example, Wizards of the Coast (publishers of Magic: The Gathering and Dungeons & Dragons) have filed suit against Cryptozoic Entertainment and Hex Entertainment for…
Major League Baseball Goes After Fan Podcasts?
May 20, 2014
The baseball blog and podcast world was shaken up early in May with news that several baseball fan podcasts had been removed from iTunes for trademark reasons. Major League Baseball (MLB), which owns the trademarks associated with the various teams, was accused of having betrayed its diehard fans in the interest of locking down its intellectual property. What really happened, and is it OK to use the name or logo of a team in your blog or podcast?
Trademark Dispute: Elvis v. Baretta
April 22, 2014
Elvis Presley Enterprises (EPE), which represents the interests of the estate of Elvis Presley, has filed suit in a Federal Court based in Tennessee against the gun manufacturer Beretta. EPE claims that a Beretta campaign surrounding the launch of the model 692 shotgun gave rise to claims of violation of the Federal Lanham Act (which governs trademarks and unfair competition), Tennessee and Nevada right of publicity, and common law unfair competition. It’s unknown whether EPE’s attorneys shot out their TVs when they first saw this allegedly infringing campaign.
