K&C Sports & Entertainment Law Weekly Roundup (September 24, 2024)

Sports:

NCAA

• Georgia Gov. Brian Kemp signed an executive order Tuesday that will allow colleges in the state, including the University of Georgia, to pay players directly for the use of their name, image and likeness. Georgia governor signs executive order allowing colleges to pay players for their NIL – USA Today
• The Atlantic Coast Conference (ACC) is considering a new revenue-sharing plan that could keep Florida State and Clemson in the league. Report: ACC considering new revenue sharing plan to end FSU, Clemson lawsuits, up school pay – USA Today
• The U.S. Securities and Exchange Commission alleges in a new suit that a former Harvard football player swindled more than $3 million from two dozen investors by promising them that their money would be used for sports-related investments when, in reality, it was used for the defendant’s personal expenses, such as rent for a multimillion-dollar home. Ex-Harvard Football Player Fraudulently Raised $3M, Suit Says – Law360
• A Pennsylvania state appeals court has denied convicted pedophile and former Penn State football assistant coach Jerry Sandusky‘s latest request for a retrial, rejecting his claims that new evidence showed accusers were pressured by an attorney to sue and that several underwent “repressed memory therapy” in order to recount false memories of abuse. Court Rejects Jerry Sandusky’s Atty Pressure Tactics Theory – Law360

NBA

• A U.S. district judge has dismissed a federal lawsuit by a woman who alleged that New York Knicks owner James Dolan sexually assaulted her a decade ago and then set her up to be molested by jailed movie mogul Harvey Weinstein. Judge dismisses an assault lawsuit against Knicks owner James Dolan and Harvey Weinstein – AP
• TBS and Warner Bros. Discovery contend the NBA has bricked its shot for dismissal of their breach of contract lawsuit over the loss of the right to telecast NBA games. TBS, WBD Fight Back in Legal Battle to Telecast NBA Games – Sportico

NFL

• Former Cleveland Browns tight end Kellen Winslow II has expressed remorse for his actions and declared that he is committed to being a “productive person” as part of his latest bid to get his prison sentence reduced according to new state criminal justice reform laws. Ex-NFL star Kellen Winslow II expresses remorse from prison, seeks reduced sentence – USA TODAY Sports

MLB

• Major League Baseball‘s players’ union sued DraftKings and FanDuel on Monday, accusing the sports betting companies and two others of using the names and likenesses of hundreds of players on their platforms without permission. MLB players’ union names DraftKings, FanDuel in NIL suit – ESPN

Entertainment:

• CA actors and musical artists will gain more protections over their digital likeness after Gov. Gavin Newsom signed legislation that will strengthen their contractual rights with entertainment companies. Newsom signs California AI protections laws – NBC Los Angeles

MUSIC

• Miley Cyrus is being sued by Tempo Music Investments over the alleged similarities between her 2023 hit “Flowers“ and Bruno Mars‘ 2013 track “When I Was Your Man.” Miley Cyrus Accused of Copying Bruno Mars Track in Her Song ‘Flowers’: Lawsuit (people.com)
• Nelly is facing a lawsuit from alleged childhood friends and former collaborators who say they were cut out of writing credits and payments on the rapper’s hit 2000 album Country Grammar. Nelly Sued for Copyright Infringement Over Debut Album (variety.com)
• It is rumored that Pink Floyd will sell its catalog to Sony Music for $500 million. Pink Floyd to Sell Catalog to Sony for a Half Billion Dollars? (variety.com)
• Rapper Eminem’s publisher will appeal the dismissal of his copyright suit against streaming service Spotify Technology SA to the 6^th Eminem Publisher Appeals Spotify’s Win Over Copyright Dispute (bloomberglaw.com)
• Spotify USA Inc.’s argument that its audiobooks product has more than “token value” to a bundle that also includes unlimited music streams is wrong, the Mechanical Licensing Collective told a federal court, insisting its lawsuit over royalty payments move forward. Spotify Bundle Royalty Lawsuit Should Go on, Rights Group Says (bloomberglaw.com)

FILM & TELEVISION

• Former MoviePass CEO J. Mitchell Lowe pleaded guilty in FL federal court to conspiracy to commit securities fraud, admitting that he and another executive hyped the illusion that their $9.95-a-month unlimited movie watching plan would be profitable while knowing it was merely a gimmick to defraud investors. Former MoviePass CEO admits the $9.95 ‘unlimited’ ticket scheme was fraud – The Verge
• Reality show contestants have hit an Amazon Studios unit and the maker of the MrBeast YouTube channel with a proposed labor class action in CA court, alleging they “shamelessly” exploited Beast Games contestants while threatening their livelihoods and misrepresenting their odds at winning the new show’s $5 million grand prize. MrBeast’s production company and Amazon are being sued for alleged harassment of contestants on his reality show | CNN Business
• A CA jury has concluded that the executive producer and star of Netflix‘s series Bling Empire, Kelly Mi Li, owes a former business partner nearly $700,000 for breach of contract and fiduciary duties, along with $200,000 in punitive damages. ‘Bling Empire’ Star Owes $900K To Ex-Partner For Show Idea – Law360

MEANWHILE, IN HOLLYWOOD…

• Hip hop mogul Sean “Diddy” Combs was denied bail after he was hit with racketeering charges in NY federal court alleging he used his label Bad Boy Records to operate a criminal enterprise that engaged in sex trafficking, forced labor and other offenses. Sean ‘Diddy’ Combs to remain in custody after judge denies bail appeal in racketeering conspiracy and sex trafficking case | CNN
• Harvey Weinstein pled not guilty to a new sexual assault indictment in Manhattan state court on Wednesday as he faces a November retrial after his earlier NY rape conviction was vacated. Harvey Weinstein pleads not guilty to additional sex crimes charge ahead of retrial (nbcnews.com)