K&C Sports & Entertainment Law Weekly Roundup (May 19, 2023)

Sports:

Entertainment:

  • The US Supreme Court issued a 7-2 decision that artist Andy Warhol ran afoul of copyright law through his use of a photograph of former musician Prince in a silkscreen. The Court rejected arguments by Warhol's foundation that the work was transformative and amounted to fair use. The photographer who captured the image of Prince at issue, said copyright law would be "completely unworkable" under the standard sought by the foundation - Supreme Court rules against Andy Warhol foundation in copyright case (usatoday.com)
  • Video game maker, Electronic Arts, announced that it has reached an image arrangement with OneTeam Partners to "facilitate collegiate athletes' names and likenesses" by allowing NCAA Football Bowl Subdivision (FBS) players to opt-in to the game, solving one of the major questions about college football's return to the video game space - EA Sports letting FBS players opt in to 2024 video game - ESPN
  • A few weeks after shuttering VICE World News and canceling VICE News Tonight, VICE Media LLC filed for Chapter 11 bankruptcy, a process that is likely to result in the sale of the company to Fortress Investment Group and Soros Fund Management for $225 million after once valued at over $5 billion - VICE Media LLC Files for Chapter 11 Bankruptcy
  • The Ninth Circuit vacated a Nevada federal district court order after ruling that the lower court did not adequately analyze a hand-balancing routine when it temporarily blocked Cirque du Soleil from performing the routine copyrighted by a pair of performers who weren't hired back in the wake of the pandemic - 9th Circ. Vacates Block Of Cirque Du Soleil Routine In IP Row - Law360
  • K.-based production company Op-Fortitude, created to make the film Operation: Fortitude, has filed suit against Martin Scorsese alleging that Scorsese accepted a $500,000 initial payment to personally assemble an all-star cast for the film and refused to return the money after doing no work for over a year - Martin Scorsese Sued Over $500,000 Fee to Produce WWII Film – The Hollywood Reporter
  • A Louisiana federal judge declined to toss a costume mask maker's lawsuit alleging All Elite Wrestling (AEW) and professional wrestler Austin Matelson infringed the company’s copyright by selling a modified version of its scaly viper mask, which Matelson wears as his stage persona Luchasaurus - Wrestler Luchasaurus Can't Tap Out Of Mask Copyright Suit - Law360
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