In Petrella v. MGM, the United States Supreme Court wrote that “there is nothing untoward about [a copyright owner] waiting to see whether an infringer’s exploitation undercuts the value of the copyrighted work, has no effect on the original work, or even complements it” before electing to pursue an infringement case over that exploitation.1 However, a … Continued

This addresses a companion set of United States Supreme Court rulings released on May 18th in the Twitter and Google technology law cases, which were among those discussed during the New York State Bar Association’s Annual Meeting held in January.1 The country’s highest court sided with the tech industry and digital rights groups by ruling … Continued

Welcome back to our little corner of the EASL Journal where we talk about recent happenings in the immigration space. This column has become an area to discuss all sorts of relevant happenings to help us see the impact of these items. Without further ado, let us dive in! Coachella Returns and It Is Fantastically International In … Continued

Introduction Ninety-three percent of athletes experience sexual harassment, sexual assault, or unwanted contact during their times in sport.1 The majority of those sexually harassed or assaulted within their sport identify as women.2 While this news could be stunning to some, few are more familiar with the pervasiveness of abuse within women’s athletics than the players of the … Continued

All too often, a party in a lawsuit believes that a public airing of some or all of the details of that dispute could be detrimental. Maybe the party would prefer that the details of its business or personal affairs not be presented front-and-center in a courtroom where the press may be in attendance. Perhaps … Continued

I hope everyone is enjoying the summer. EASL has had several great programs thus far in 2023. Motion Picture Law On February 9th, EASL’s Motion Pictures Committee hosted “Are Your Deals Out-of-Date? Ready for Hybrid Distribution?,” which discussed cutting-edge strategies for succeeding in the entertainment marketplace. Peter Broderick, one of the world’s leading distribution strategists … Continued

THE NEW YORK STATE BAR ASSOCIATION ENTERTAINMENT, ARTS AND SPORTS LAW SECTION Congratulations to Ashlyn Stone of St. John’s School of Law for her article: The Roots of Abuse: Expanding Various Liability for Sexual Harassment, Assault, and Abuse in Women’s Soccer and Sports The Entertainment, Arts and Sports Law (EASL) Section of the New York … Continued

Law students, take note of this publishing and scholarship opportunity: The Entertainment, Arts and Sports Law Section of the New York State Bar Association (EASL)’s Phil Cowan-Judith Bresler Memorial Scholarship, named after two esteemed former EASL chairs, offers up to two awards of $2,500 each on an annual basis in Phil Cowan’s and Judith Bresler’s memories to … Continued

Brand loyalty is a key goal in an increasingly segmented marketplace. With some loyalty programs in need of modernization, entertainment and media marketers are using Non-Fungible Tokens (NFTs) to inject novelty and create premium reward opportunities. Marketers and their attorneys need to understand the fundamental legal issues when incorporating NFTs into loyalty programs. What Creates … Continued

I. Introduction In 2013, seven-time world champion Formula 1 racing champion Michael Schumacher sustained severe head injuries, disappearing from public view.1 After a decade of keeping the details of his condition largely private, a German magazine, Die Aktuelle, ran a cover story promising readers a “first interview” with Schumacher, with an introduction teasing that “[Schumacher] is answering … Continued