Entertainment & Sports Law

Entertainment

• Astaire v. Best Film & Video (1997) Suit by Fred Astaire's widow against Best Video for use of Fred Astaire's image in a series of dance videos.
• CEDRIC KUSHNER PROMOTIONS, LTD. v. KING 533 U. S. 158 (2001) (A person who is the president and sole shareholder of a closely held corporation, acting within the scope of his authority as corporate employee, may be distinct from the "enterprise" for purposes of 18 USC 1962(c), the RICO statute.)
• DASTAR CORP. v. TWENTIETH CENTURY FOX FILM CORP. 539 U. S. 23 (2003) (The phrase "origin of goods" refers to the producer of tangible goods that are offered for sale, and not to the author of any idea, concept, or communication embodied in those goods, thus Section 43 of the Lanham Act does not prevent the unaccredited copying of an uncopyrighted work.)
• Dolman v. Agee Copyright infringement suit for music from Laurel & Hardy movies.
• ELDRED v. ASHCROFT 537 U. S. 186 (2003) (Congress acted within its authority and did not transgress constitutional limitations in enlarging the duration of copyrights under the Copyright Term Extension Act, placing existing and future copyrights in parity.)
• FCC v. Pacifica Foundation, 438 U.S. 726 1978 George Carlin's Filthy Words case holding that the FCC could control content during certain time periods.
• Fonovisa, Inc. v. Cherry Auction, Inc. Swap meet owners aware of sale of pirated copies are liable for contributory infringement of copyright and trademark.
• Hustler Magazine v. Falwell, 485 U.S. 46 1988 Libel suit brought by Falwell for a Penthouse cartoon.
• Kodadek v. MTV Networks, Inc. Creator of Beevis & Butthead cartoon loses copyright suit because he doesn't have the original drawings.
• Marquez v. Screen Actors Guild, Inc. __ US __ (1998). Collective bargaining agreement found to be valid. Court finds unions do not breach duty of fair representation by negotiating a union security clause using National Labor Relations Act language but not explaining that language.
• MGM, Inc. v. Grokster, Ltd. 545 U. S. 913 (2005) (One who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, going beyond mere distribution with knowledge of third-party action, is liable for the resulting acts of infringement by third parties.)
• Preston v. Ferrer ___ U. S. ___ (2008) (When parties agree to arbitrate all questions arising under a contract, state laws lodging primary jurisdiction in another forum, whether judicial or administrative, are superseded by the Federal Arbitration Act (FAA). In a dispute involving the question of whether an entertainment industry attorney acted as an unlicensed talent agent in violation of California's Talent Agencies Act, or as a personal manager not governed by the TAA, judgment for respondent-talent granting jurisdiction to the state Labor Commissioner is reversed and remanded.)

Sports

• Abdul-Jabbar v. General Motors Corporation (1996) Abdul-Jabbar claimed GMC violated his trademark and publicity rights by using his former name, Lew Alcindor, without his consent, in a television commercial aired during the 1993 NCAA men's basketball tournament.
• Advanced Materials v. Secretary of Defense (Federal Cir., 1997). Determination that a cost plus fixed fee arrangement in a contract is enforceable and bars payment of amounts in excess of a specified maximum where procedures are not followed.
• Alliance For Community Media v. Federal Communications Commission Limitations on when indecent television shows can be aired found constitutional.
• Boucher v. Syracuse University (2nd Cir., 1999) Partial reversal of summary judgement for Syracuse and remand for consideration of allegations that Syracuse's athletic program violated Title IX sex discrimination regulations.
• Brentwood Academy v. Tennessee Secondary School Athletic Association (6th Circuit, 1999). Brentwood brough an action claiming that the recruiting rules set forth by the TSSAA regarding use of undue influence violated Brentwoods' 1st and 14th Amendment rights.
• Brown v. Pro Football Inc. [518 U.S. 231 (1995)]
• Brown, et al. v. Pro Football, Inc. __ US __ (1996). An agreement among several employers bargaining together to implement the terms of their last best faith offer after an impasse is protected from antitrust attack.
• Brzonkala v. Virginia Polytechnic Institute and State University [ (4th Cir, 1997)] (December. no. 96-1814, 96-2316)
• Camps Newfound/Owatonna, Inc. v. Town of Harrison __ US __ (1997). Sports camp operated by a church may not be prevented from tax benefits available to charities solely because the camp serves mostly out of state children.
• Cara's Notions, Inc. v. Hallmark Cards, Inc. (4th Cir., 1998). Consideration of when arbitration should be permitted or required in an action for breach of contract.
• Cardtoons v. Major League Baseball Player Association (10th Cir., 1999). Cardtoons alleged that threat by MLBPA to pursue legal action against them for producing parody baseball cards interfered with Cardtoons' contracts with production companies to make the cards.
• Caruso v. Blockbuster/Sony Music Corp. 174 F.3d. 166 (3rd Cir., 1999). Read About the decision in You Make the Call...
• Center State Farms v. Campbell Soup Company (4th Cir., 1995). Breach of contract action that considers the enforceability of an oral contract.
• Charpentier v. Los Angeles Rams Football Co., Inc. 89 Cal.Rptr.2d 115 (Ca. Ct. App., 4th Dist, 1999). Appellant brought claims for breach of contract, fraud, and breach of implied covenant for the failure of the LA Rams to offer renewal of season tickets after their move from Los Angeles to Saint Louis.
• Chicago Professional Sports Ltd. Parntership v. National Basketball Association (7th Cir., 1996). Anti-trust dispute over the NBA's right to limit the number of games broadcast by member teams and to charge a fee for broadcast of games beyond that limit.
• Cohen v. Brown University (1996) Found that Brown University was in violation of Title IX provisions when it demoted certain womens teams from university-funded to donor-funded. Case was appealed to the Supreme Court in 1997.
• Copyright Decisions of the U.S. Supreme Court (since May 1990). All Supreme Court decisions affecting copyright since 1990.
• Cureton v. National Collegiate Athletic Association 198 F.3d 107 (3rd Cir, 1999) The third circuit overrules a permanent injunction against the NCAA preventing use of Proposition 16 to establish eligibility standards for freshman athletics. The court determined that because the NCAA is not a program or ac
• Davis v. Monroe Board of Education __ US __ (1999). Where a claimant can demonstrate deliberate indifference to claims of sexual harassment, the school can be held liable for peer on peer harassment under Title IX. The Court cautions that this ruling is not an attempt to require imposit
• Dr. Seuss Enterprises v. Penguin Books USA, Inc. Parody of the OJ Simpson trial found to infringe copyright because it did not parody Dr. Seuss' works.
• Faigin v. Doubleday Dell Publishing Group, Inc. (7th Cir., 1996). Defamation suit by Faigin based on unfavorable statements about him in his former agent's autobiography, published by Doubleday Dell. Also see Faigin v. Kelly & Carucci (1st Circuit, 1999) suit against player and author who assisted wit
• Faragher v. City of Boca Raton 524 US 775 (1998) City employed lifeguard brough Title VII sexual harassement suit against her immediate superiors and the City of Boca Raton on the grounds that the city was liable for the actions of her supervisors. Read more in You Make the Call...
• Federal Baseball Club of Baltimore, Inc. v. National League of Professional Baseball Clubs et al. 259 U.S. 200 (1922) Anti-trust allegation that the National League and American League had unfairly prevented competition by the Federal League. Found baseball exempt from Sherman Act anti-trust laws.
• Feltner v. Columbia Pictures Television, Inc. Right to a jury in copyright infringement case to determine the amount of statutory damages.
• Flood v. Kuhn 407 U.S. 258 (1972). Court further affirmed the prior cases finding baseball exempt from anti-trust laws and held that after 50 years, any changes would have to be made by Congress, not the Courts.
• Franklin v. Gwinnett County Public Schools 503 U.S. 60 (1992). Title IX action by a high school student for sexual harrasement by her physical education teacher. Court found that Title IX does permit awards of damages.
• Gilder, et al. v. PGA Tour, Inc. [936 F.2d 417 (9th Cir. (1991)]
• Grove City College v. Bell [465 U.S. 555 (1984)] (This case has been superceded by statute.)
• Hairston v. Pacific-10 Conference [101 F.3d 1315 (9th Cir. 1996)]
• Hartford Accident v. Pro Football, Inc. (DC Circuit, 1997). Pro-Football claimed, on behalf of the Washington Redskins, a breach of contract when the insurer changed rates based on changes in the jurisdiction of certain players.
• Hayden v. University of Notre Dame (Ct.App. IN, Sept. 1999). The appellate court overturns a grant of summary judgment for Notre Dame. The court finds that under the totality of the circumstances test applied to a landowner's duty of care towards invitees, a landowner is normally insula
• Haywood v. National Basketball Association 401 U.S. 1204 (1971). One page opinion maintaining a preliminary injunction, but important becuase it states that basketball does not enjoy the same exemption from anti-trust laws as baseball does.
• Indiana High School Athletic Association Inc. v. Reyes [694 N.E.2d 249 (Ind. 1997)]
• International Boxing Club v. U.S. 358 U.S. 242 (1959). Follow up to prior decision finding IBC subject to Sherman Act. Court found that IBC did violate the Sherman Act and ordered the clubs dissolved.
• Johnson v. Florida High School Activities [102 F.3d 1172 (11th Cir., 1997)]
• Knapp v. Northwestern University (7th Cir., 1996) Suit alleging violation of the Rehabilitation Act of 1973, based on Northwestern's refusal to allow Knapp to play basketball, after recruiting him in high-school, due to him having a pacemaker.
• Law v. NCAA (10th Cir., 1998) Court affirms finding that NCAA violated Sherman Act anti-trust laws by promulgating a rule limiting the starting salaries of Division I entry-level coaches.
• Livadas v. Bradshaw 512 US 107 (1994). State policies that deny remedies for breach of contract to parties under a collective bargaining agreement are pre-empted by federal law.
• McPherson v. Michigan High School Athletic Association (6th Cir., 1997) Finding that MHSAA 8-semester eligibility rule found to violate the Americans with Disabilities Act, regardless of exceptions for undue hardship, is reversed and remanded for further consideration.
• Mercer v. Duke University (4th Cir., 1999). Suit by female placed kicker alleging discrimination in her removal from the Duke University football team. Court finds that where the school has permitted a student of the opposite sex to try out for a single-sex team in a contact sport.
• Miller v. Wilkes 172 F.3d 574 (8th Cir., 1999) (PDF) Challenge to school's random drug screening policy as being a violation of student's 4th amendment rights. Read more in You Make the Call...
• Minnesota Twins Partnership v. State of Minnesota 592 N.W.2d 847 (1999) Upholds major league baseball's exemption from anti-trust liability and finds that plaintiff ball club need not comply with civil investigative demands by the state. Read more in You Make the Call...
• Montalvo v. Radcliffe, II 167 F.3d 873 (4th Cir, 1999). Public karate school is a place of public accomodation, and therefore subject to the Americans with Disabilities Act. Further, appellants infection with the AIDS virus qualifies him for protection under the ADA. However, app
• National Collegiate Athletic Association v. Board of Regents of the University of Oklahoma 468 US 85 (1984). Action against NCAA in responce to discipline for violation of NCAA regulations for the televising of college football games.
• National Collegiate Athletic Association v. Smith __ US __ (decided Feb. 23, 1999). Court held that the NCAA is not subject to discrimination actions under Title IX because it does not receive sufficient government funds to be a government agent or actor.
• National Collegiate Athletics Association v. Miller [10 F.3d 633 (9th Cir. 1993)]
• National Football League v. North American Soccer League 459 U.S. 1074, (1982). Anti-trust case concerning the enforceability of an NFL rule against owners of NFL teams also having ownership in teams of any other professional sport.
• NBA v. Motorola, Inc. (2nd Cir., 1997). Court found that Motorola did not misappropriate NBA property by broadcasting real time scores from games in progress over a pager network.
• NBA v. Williams (2nd Cir., 1995) Court affirms that anti-trust laws do not apply to collective bargaining agreements by players and teams affiliated with the NBA.
• NCAA v. Tarkanian 488 U.S. 179 (1988). The court found that a state university does not make the NCAA rules into state rules by adopting them and so there was no breach of Due Process by the University of Nevada in suspending Tarkanian, UNLV's basketball coach.
• Neil v. Board of Trustees (9th Cir.,1999) Court holds that reducing the number of positions available on men's athletic teams in order to save money and promote participation by women is not a violation of Title IX provisions against gender discrimination in sport.
• New Kids on the Block v. New America Publishers (1992) Trademark/publicity suit to prevent newspapers from using 900 numbers for opinion polls about the New Kids on the Block.
• Newton v. Thomason (1994) Wood Newton sued for misappropriation and unfair competion, alleging that a name for a character on the televisions show Evening Shade was stolen.
• O'Connor v. Board of Education of School District 23 449 U.S. 1301. Decision on whether a school district may refuse to allow a junior high girl of exceptional talent try out for the boys basketball team.
• Oakland Raiders v. National Football League 81 Cal.Rptr.2d 773. Trademark infringement and dilution claims brought by appellant are not subject to the arbitration agreement with the NFL.
• PGA TOUR, INC. v. MARTIN 532 U. S. 661 (2001) (42 USC 12182(a) forbids a public accommodation from discriminating against either spectators or competitors on the basis of disability, and use of a golf cart during golf match does not fundamentally alter the game.)
• Pottgen v. The Missouri State High School Activities Association [103 F.3d 720 (8th Cir. 1997)]
• Radovich v. National Football League 352 U.S. 445 (1957). Court finds that business of the National Football League does fall within Sherman Act provisions and the baseball exemption does not extend to football.
• Reynolds v. International Amateur Athletic Association [505 U.S 1301 (1992)]
• San Francisco Arts & Athletics v. United States Olympic Committee 483 U.S. 522, (1987). Found that the USOC has more than mere trademark rights to prevent others from using the term Olympic and therefore may prevent the Gay Games from being named the Gay Olympic Games.
• Sandison v. Michigan High School Athletic Association (6th Cir., 1995) Allegations that MHSAA regulations preventing anyone from competing in interscholastic sports if they have reached age 19 is a violation of the Americans with Disabilities Act.
• Shaw v. Dallas Cowboys (3rd Cir., 1999) Suit to determine whether a joint broadcasting agreement by NFL teams is exempt from scrutiny under the Sherman Act based on the Sports Broadcasting Act. Read more in You Make the Call...
• Silverman v. Major League Baseball Player Relations (2nd Cir.,1995) Court found violation of National Labor Relations Act by the Major League Baseball Players Association based on changes to employment terms in violation of a collective bargaining agreement.
• Smith v. NCAA Claim that NCAA rule prohibiting student-athletes from competing in intercollegiate sports while enrolled at a graduate institution other than their undergraduate school was an anti-trust violation, Title IX discrimination, and breach of contract.
• Stanley v. University of Southern California 178 F.3d 1069 (9th Cir, 1999). [Cert. denied, 120 S.Ct. 533 (1999)]. The circuit court found that the appellant failed to prove that her position as head coach of women's basketball was substantially equal to that of the men's head coach position, and
• Tennessee Secondary Sch. Athletic Ass'n v. Brentwood Academy. 531 U. S. 288 (2001) (The enforcement of a rule prohibiting high school coaches from recruiting middle school athletes does not violate the First Amendment.)
• Todd v. Rush County Schools (7th Cir., 1998) Challenge to school district policy that students who wish to engage in extra curricular activities must submit to a program of random drug testing. On remand, policy found acceptable and appeal was denied.
• Toolson v. New York Yankees 346 U.S. 356 (1953). Court confirms that Major League Baseball does not fall within the federal anti-trust laws codified in the Sherman Act.
• U.S. v. International Boxing Club 348 U.S. 236 (1955). The court finds that the cases exempting baseball from Sherman Act violations does not necessarily immunize all other sports as well. This decision would have to be made by Congress.
• Vanderbilt University v. DiNardo (6th Circuit, 1999). Vanderbilt brought breach of contract claim against head football coach after he resigned to go to another school. Court found that Vanderbilt was entitled to damages under the employment contract.
• Vernonia School Dist. 47J v. Acton (1995) Court found that mandatory drug testing in high school athletics programs was not an unreasonable search or seizure, nor was it an invasion of privacy.
• Waits v. Frito-Lay, Inc. (1992) Tom Waits sued the snack food manufacturer and its advertising agency for voice misappropriation and false endorsement following the broadcast of a radio commercial for SalsaRio Doritos which featured a vocal performance imitating Waits' raspy sin
• Wallace v. Texas Tech University
• Washington v. Indiana High School Athletic Association 181 F.3d 840 (7th Cir, 1999). Court finds that the IHSAA must allow appellant a waiver of the eight semester athletic elegibility rules. The Americans With Disabilities Act allows for reasonable modifications and a waiver for appellant, who is learning d
• Willis v. Anderson Community School Corp. 158 F.3d 415 (7th Cir, 1998). Drug testing of students is acceptable if applied in a manner that is causally related to the policy reasons given for conducting testing. However, such programs must be reasonable and rely on actual causal relationships. It
• Zacchini v. Scripps-Howard Broadcasting Co. [433 US 562 (1977)]

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