K&C Sports & Entertainment Law Weekly Roundup (January 16, 2024)

Sports:

• A Florida State assistant coach has been suspended for the first three games of the 2024 season for violating recruiting rules by connecting a potential transfer with a representative from an NIL collective during an official visit, the NCAA announced on Thursday. NCAA suspends Florida State assistant coach for 3 games for NIL-related recruiting violation – NBC Sports
• The NCAA will require those who enter into name, image and likeness deals with athletes to register with the organization, create contract standards, and provide education on NIL matters to athletes and institutions, according to proposals approved Wednesday by its Division I Council at the NCAA annual convention in Phoenix. NCAA Advances Tighter NIL Rules, Awaits Final Approval – Law360
• Chemours, Nike and TikTok are among the corporate powerhouses that will argue buzz-phrase-heavy cases before the Third Circuit in January as panels consider if a pollution advisory was based on “bad science,” if the term “cool compression” infringed a small sportswear company’s trademark and if the popular video app is liable for a viral “blackout challenge” that turned deadly. 3rd Circ. Preview: Blackout Challenge Death Suit Tops Jan. – Law360
• A country club can deduct new-member fees from its state business tax, the Washington State Supreme Court held Thursday, a determination that the state tax agency had argued would create far-reaching new deductions for gyms, trade organizations and homeowners’ associations. Country Club Wins Tax Fight Over New Member Fees – Law360
• Three Detroit casino operators are urging the D.C. Circuit to uphold a lower court’s ruling that blocked the Sault Ste. Marie Tribe of Chippewa Indians from acquiring land for two casino developments, saying the tribe is attempting to erase the limits on the federal government taking land into trust for Native American tribes. Ruling Would Destroy DOI’s Land Trust Limits, Casinos Say – Law360

NFL

• The NFL cannot get out of the long-running multidistrict litigation it has been locked into for years with DirecTV subscribers over the league’s Sunday Ticket football package a month before trial, a California federal judge has ruled, saying subscribers sufficiently alleged an anti-competitive conspiracy. NFL Can’t Block Sunday Ticket Antitrust MDL Ahead Of Trial – Law360
• A photographer on Thursday accused the Detroit Lions of copyright infringement for using his nearly two decades-old photo of legendary running back Barry Sanders as a basis for a statue erected last year, which his lawsuit filed in New York federal court says recreated all the details of the picture. Lions Sued Over Photo Used To Design Barry Sanders Statue – Law360
• Nevada Supreme Court Justices on Wednesday questioned whether the NFL’s constitution allows the league’s commissioner to force arbitration on former Raiders coach John Gruden, as the coach seeks to hold the league accountable for leaking emails in which he used offensive language. Justices Unsure NFL Can Force Arbitration On Gruden – Law360
• A Texas federal court should rule that the NFL’s disability benefits plan appropriately denied full assistance to a retired player after eight physicians determined he was capable of working despite mental and physical impairments, according to a magistrate judge’s recommendation. Judge Sides With NFL Plan In Ex-Pro’s Disability Benefits Suit – Law360

MLB

• DirecTV told a Texas bankruptcy judge that Bally Sports Network parent Diamond Sports Group’s effort to force the satellite television provider to resume contractual payments for the broadcast of Major League Baseball games is a “desperate attempt” to improve its cash flow under its Chapter 11 case. DirecTV Blasts Bally’s Bid To Recoup Cut MLB TV Payments – Law360

NBA

• Federal prosecutors asked a New York federal judge Friday to sentence a former NBA player to more than a year in prison for admitting he helped defraud a league healthcare plan out of $358,000, arguing that the crime is “indisputably serious” and he risked harming plan participants. Feds Seek Prison Time For Ex-NBA Player In Health Fraud Suit – Law360

Entertainment:

MUSIC

• SCOTUS will not review an 11^th Circuit decision that declined to revive a copyright complaint from a former bassist for the 1970s disco group KC and the Sunshine Band against lead singer Harry Wayne Casey. Supreme Court Won’t Hear Disco Bassist’s Copyright Claim – Law360
• A Manhattan federal judge refused to reconsider his decision tossing musician Ernie Hines’ copyright action against Jay-Z, Timbaland, and Ginuwine challenging their use of a guitar riff from Hines’ song from the ’60s, ruling that the reconsideration bid is untimely and doesn’t ask the court to correct any legal error. Jay-Z, Timbaland Keep Copyright Win As Judge Rejects Redo – Law360
• An attorney for the band Nickelback told the 5^th Circuit that a Houston-area man is making “too many leaps of logic” by claiming the band stole one of his songs to make its 2005 hit “Rockstar,” telling the court that his allegation that the band’s label got a copy of his song and passed it along to Nickelback is thin at best. Nickelback Says TM Challenger Strikes Sour Note At 5th Circ. – Law360
• An upcoming trial over an alleged plot to sell stolen handwritten lyrics for the Eagles’ 1976 album Hotel California will include evidence of a similar purported scheme involving materials pilfered from author Thomas Pynchon. Pynchon Docs Fair Game In ‘Hotel California’ Lyric Theft Trial – Law360
• The managing members of Prince‘s estate say that some of the late musician’s family members have harassed and disparaged them in their quest to give themselves more control over the estate, according to a suit filed in DE’s Court of Chancery. Battle Over Prince’s Estate Lands In Del. Chancery Court – Law360
• The rapper Drake pushed back against claims that he stole a phrase from Ghanaian artist Obrafour’s 2003 hip-hop remix and used it in his song “Calling My Name,” telling a NY federal court that a different artist actually holds the copyright for the phrase in Ghana. Drake Argues Artist Doesn’t Own Copyright To Pursue Suit – Law360

TV & FILM

• A federal judge dismissed a Finnish executive’s infringement case against Netflix, finding that the patent had actually been sold off in 2005. Judge Finds IP Asserted Against Netflix Was Sold Years Ago – Law360
• Consumers are fighting to preserve a proposed antitrust class action targeting Disney live-streaming carriage agreements that forbid streaming services from excluding ESPN from cheap bundle packages, assailing the entertainment giant for “relitigating” issues the CA federal judge already said could move forward. Streaming Viewers Blast Disney For Repeats, ‘False’ Args – Law360

ART & FASHION

• The 9^th Circuit unanimously held that a Spanish museum is not obligated to return a painting that was stolen from a Jewish family by the Nazis, a finding that one member of the panel admitted went against her “moral compass.” 9th Circ. Says Spanish Museum May Keep Nazi-Looted Art – Law360
• Patagonia won dismissal of an apparel company’s suit seeking a declaration it did not infringe Patagonia’s trademarked mountain skyline logo, according to an order adopting a TX federal magistrate judge’s finding that the fight was foreclosed by Patagonia’s victory in a prior lawsuit. Patagonia’s Prior TM Win Nixes Apparel Co.’s Suit, Judge Says – Law360
• Disney urged a NC federal court to toss a trademark infringement lawsuit brought against it by a shirtmaker, arguing the apparel operation didn’t give any evidence that the entertainment giant’s brands and its online shopping site have enough connections to be sued in NC. Disney Says Shirt Co. Didn’t Connect Threads To NC In IP Row – Law360

ARTIFICIAL INTELLIGENCE

• News organizations urged Congress to clarify that use of copyrighted content to train large language models is not fair use, telling a Senate panel that AI will further erode revenues if they are not compensated for their work. News Orgs Ask Congress For Copyright Clarity On AI Training – Law360
• House lawmakers have rolled out a bill proposing a new federal framework that would protect individuals from having their image and likeness used to create fakes generated by AI. House Reps. Propose Bill To Stop AI-Generated Fakes – Law360
• AI software was a preparation tool, not the author of closing arguments, for former Fugees rapper Prakazrel “Pras” Michel’s unsuccessful defense against charges of engaging in an illegal foreign influence scheme, an ex-member of the musician’s legal team told a D.C. federal judge. Ex-Atty For Fugees Star Says AI Was Ideas Tool, Not Author – Law360
• A GA state judge has given the green light to a defamation suit brought by a conservative talk radio host claiming OpenAI’s ChatGPT product published false legal information about him, rejecting the company’s bid to toss the case. OpenAI Must Face Defamation Suit From Ga. Radio Host – Law360

MEANWHILE, IN HOLLYWOOD…

• A federal judge sentenced Rovier Carrington, an aspiring reality television star who claims to be the great-grandson of Three Stooges comedian Moe Howard, to 4 years in prison after he falsely accused two Hollywood executives in a $100 million lawsuit of sexually assaulting him. Actor Gets 4 Years For Faking Emails In Sex Abuse Suit – Law360
• The 2^nd Circuit shut down comedian Michael Rapaport’s defamation suit against Barstool Sports, finding that the blog’s insults against the comedian were clearly hyperbolic exaggerations or opinions expressed during a vulgar public feud. 2nd Circ. Backs Barstool In Defamation Flap With Rapaport – Law360
• Record executive Antonio “L.A.” Reid has argued music producer Drew Dixon is using the New York Adult Survivors Act to advance time-barred claims related to allegations he sexually assaulted Dixon when she worked for him at Sony Music Entertainment‘s Arista Records, asking a NY federal judge to trim the lawsuit. Music Exec L.A. Reid Wants Sexual Assault Suit Trimmed – Law360
• Chicago rapper G Herbo should be sentenced to a year in prison to “send a clear message” that the credit card fraud that allowed him to charter private jets and rent luxury cars does not pay in the end, federal prosecutors told a judge in a sentencing memorandum. Rapper’s Credit Con Sentence Must ‘Send Message,’ Feds Say – Law360