K&C Sports & Entertainment Law Weekly Roundup (February 20, 2024)

Sports:

• The City of Pittsburgh hopes to bring a legal dispute over its sports facility usage fee to the Pennsylvania Supreme Court. The city has stopped collecting the fee in the meantime, which could put new strains on an already tenuous financial picture. “We believe that this tax is proper,” city solicitor Krysia Kubiak said. The charge, widely known as the “jock tax,” is a 3% levy on out-of-town athletes and performers who use city-owned venues. An appeals court ruled the tax unconstitutional last month, affirming a lower court’s 2022 opinion. Pittsburgh appeals ‘jock tax’ case to the state Supreme Court, stops collection – WESA
• A new class-action lawsuit alleges Canadian major junior hockey leagues violate antitrust laws in the United States by colluding to restrict the negotiation powers of players. The suit was filed Wednesday in New York by the North American division of the World Association of Ice Hockey Players Unions. It alleges players are subject to systemic abuses, including the artificial reduction of compensation and conducting involuntary drafts, where a team can obtain an athlete’s exclusive major junior rights without the presence of a collective bargaining agreement. NHL, Canadian Hockey League and member clubs hit with antitrust lawsuit filed in U.S. – CBC
• A skier’s family wants the ski industry to share responsibility for injuries suffered when she fell from a Crested Butte Mountain Resort chairlift. Whether that happens depends on the seven justices of the Colorado Supreme Court, who, in the coming months, will issue a ruling on how much protection liability waivers can provide ski areas. The high court’s decision could have sweeping impacts on Colorado’s signature industry and the long-standing Ski Safety Act that has protected ski resorts for several decades. If the Colorado Supreme Court rules that parents cannot sign liability waivers for their kids, recreation providers like camps, rafting companies and ski resorts argue insurance costs will climb and they will be unable to provide opportunities for children. Ski resorts’ long history of immunity threatened by Colorado Supreme Court case – The Colorado Sun
• Pro golfer Jordan Spieth argues in a new court filing he should not have to comply with a subpoena served by Athalonz, a golf shoe company suing Under Armour for patent infringement. Through his attorneys, Spieth contends he shouldn’t have to turn over documents and sit for a deposition when the case involves design features of the soles of shoes—a topic for which he says he lacks any relevant knowledge. Spieth Seeks to Quash Subpoena in Under Armour Shoe Case – Yahoo Sports
• PrizePicks, a popular operator of online fantasy sports contests, will pay a nearly $15 million penalty and cease operations in New York after operating without authorization, according to a settlement with the state Gaming Commission. PrizePicks to pay $15M settlement, cease operations – Times Union
• Dartmouth College now has more breathing room to file a request for review of NLRB regional director Laura Sacks’ Feb. 5 decision to order a union election of the men’s basketball team. In a brief order Monday, NLRB counsel Diane Bridge extended the deadline from Feb. 20 to March 5—the same day the 15 players will vote on whether Service Employees International Union Local 560 represents them as a union. Dartmouth Wins Two-Week Extension of NLRB Union Vote – Yahoo Sports
• Amid ongoing legal battles over the accessibility of Wrigley Field, the Chicago Cubs were at the center of another federal case on Thursday, this one probing the Tribune Media Company’s 2009 sale of the team to the billionaire Ricketts family. Justice Department, IRS commissioner take former Chicago Cubs owners to Seventh Circuit over tax abuse claims – Courthouse News Service
• The World Anti-Doping Agency said it has referred the national anti-doping agencies of Nigeria and Venezuela to the Court of Arbitration for Sport (CAS) over their alleged non-compliance. WADA sends Nigeria, Venezuela anti-doping agency cases to CAS – Reuters
• For the first time since he announced plans to move the Washington Capitals and Washington Wizards out of D.C. for a new Northern Virginia arena in Alexandria, Monumental Sports and Entertainment owner Ted Leonsis spoke about his controversial decision. The proposed arena and music venue would sit on 12 acres, paid for with a $2.8 billion loan from the state of Virginia in the form of what’s known as “moral obligation bonds.” Monumental would contribute $400 million and the city of Alexandria roughly $100 million. ‘The die is cast’ | Capitals, Wizards owner says the move to Alexandria is happening, pending Virginia approval – WUSA

Entertainment:

MUSIC

• Rod Stewart has sold his song catalogue, as well as some name and likeness rights, to Iconic Artists Group for nearly $100 million. Rod Stewart Sells Song Catalog as Music-Rights Fundraising Surges – WSJ
• Bruce Springsteen has asked an NJ state court to shield sensitive information sought in a lawsuit seeking payment for the use of a classic car on the cover of his album Only the Strong Survive, emphasizing the need to keep confidential materials under wraps amid the media’s interest in the matter. Springsteen Wants To Keep Classic Car Suit Info In The Dark – Law360
• A NY federal judge has thrown out a lawsuit claiming a 2019 song by Roddy Ricch ripped off a song from nearly 50 years ago, saying “no reasonable jury could find that the works are substantially similar” under the right legal test. Roddy Ricch Beats Copyright Suit Over His Number One Hit ‘The Box’ (rollingstone.com)
• Sony reportedly plans to acquire half of Michael Jackson‘s catalog from the star’s estate. Sony Reaches Blockbuster Deal for Michael Jackson’s Catalog – The New York Times (nytimes.com)
• For years, music streaming service Pandora has been underreporting and underpaying the so-called “mechanical royalties” it owes to songwriters and publishers under copyright law, according to a lawsuit filed by the Mechanical Licensing Collective, the entity in charge of collecting and distributing royalties. The MLC sues Pandora for allegedly underpaying royalties and late fees – Music Business Worldwide
• A former executive at Def Jam Recordings accused the label’s co-founder, Russell Simmons, in a NY federal lawsuit of raping her at his Manhattan apartment in the 1990s. Former Def Jam Executive Sues Russell Simmons For Alleged Rape | HuffPost Entertainment

FILM & TELEVISION

• Embattled Rust armorer Hannah Gutierrez’s alleged drug use can be included in her manslaughter trial, an NM judge has ruled. ‘Rust’ Armorer’s ‘Weed’ Texts, Tampering Charge Upheld by Judge (rollingstone.com)
• Romeo & Juliet actors Olivia Hussey and Leonard Whiting sued Paramount Pictures again in CA state court for rereleasing the 1968 film adaption of William Shakespeare’s tragedy that included a nude scene, this time arguing they never consented to the redistribution of the content for the February 2023 rerelease. ‘Romeo and Juliet’ stars file new lawsuit over nude images for Criterion release

TECHNOLOGY

• Match Group intentionally designs its Tinder and Hinge dating apps to be addictive in order to lock users into a “perpetual pay-to-play loop,” prioritizing profits over its marketing promises of helping people make romantic connections, according to a proposed class action filed in CA federal court on Valentine’s Day. Tinder, Hinge and other dating apps encourage ‘compulsive’ use, lawsuit claims – The Washington Post
• The Federal Trade Commission has moved to broaden its recently finalized rule to combat government and business impersonation schemes to also cover scammers that use emerging AI tools and other methods to impersonate individuals. FTC Proposes New Protections to Combat AI Impersonation of Individuals | Federal Trade Commission
• Fortnite developer Epic Games and a celebrity choreographer have agreed to end their dispute over whether the company ripped off portions of a copyrighted dance routine for one of the “emotes” players buy for in-game battle celebrations. ‘Fortnite’ Dance Choreographer Ends Epic Games Lawsuit (billboard.com)

MEANWHILE, IN HOLLYWOOD…

• A group founded by former Trump adviser Stephen Miller accused Disney of discriminating against white men in its hiring and promotion decisions and asked the U.S. Equal Employment Opportunity Commission to investigate. America First Legal Files Federal Civil Rights Complaint Against Disney for Discrimination – WDW News Today (wdwnt.com)