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Who Owns the Concept for Netflix’s Stranger Things?
Last week, a Los Angeles Superior Court judge denied a motion for summary judgement submitted by Stranger Things creators, Matt and Ross Duffer, in a breach of implied contract suit filed by independent filmmaker Charlie Kessler. Kessler claims the Duffers stole the idea for their show after he pitched his own project to the brothers at the 2014 Tribeca Film Festival. With sky-high ratings, an accompanying book deal, and a PlayStation VR game in the works, Stranger Things has made its mark as the single most popular streaming show of all time. Based in small-town 80’s America, the series (originally titled The […]
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College Basketball Head Coaches Will Not Have to Testify
Judge Edgardo Ramos for the Southern District of New York ruled that that actions of University of Arizona men’s basketball coach, Sean Miller, and Louisiana State University men’s basketball coach, Will Wade, are irrelevant to the upcoming college basketball bribery trial and will thus not have to testify. An audio from a wiretap of Wade allegedly discussing an offer to a recruit, believed to be LSU player Javonte Smart, will also not be permitted during the trial. The coaches were subpoenaed for a trial involving sports agent Christian Dawkins and Adidas representative Merl Code over federal bribery and conspiracy charges. Federal […]
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EU Approves Controversial Copyright Directive
As of April 15th, the European Union officially approved a controversial new Copyright Directive that has left members of the art and tech worlds fiercely divided. The Directive, which was narrowly approved by the European Parliament in a 348 to 274 vote last month, has now been given the green light by 19 out of the 28 EU member states, which leaves EU members with 24 months to comply with the new measure. Under fire is Article 17 of the Directive (previously referred to as Article 13), which renders platforms like YouTube, Facebook, and Instagram liable for the misuse of any […]
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Trump Administration Strikes Out MLB-Cuba Deal
Baseball is the national pastime of both the United States and Cuba, but players from the Caribbean nation who dream of playing in the Major Leagues have only two options: defect during international tournaments or embark on maritime journeys at the mercy of human smugglers. Both options are extremely dangerous and preclude any chance of return to the players’ homeland. Toward the end of the Obama presidency, however, an agreement was reached that would have removed the need for players to attempt smuggler-aided escapes from Cuba to fulfill their goal of playing in the U.S. Under the agreement, players would have […]
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Pokémon Go Class Action Settles as Augmented Reality Legal Questions Remain
Property owners suing Niantic, the developer of augmented reality gaming sensation Pokémon Go, for trespass and nuisance, have likely settled after years of litigation. They submitted a proposed settlement to the US District Court for the Northern District of California. The class action, a consolidation of numerous claims filed against Niantic in 2016, alleged that the developer induced Pokémon Go gamers to trespass onto homeowners’ properties. The class action settlement would force Niantic to implement stricter internal policies regarding the virtual placement of game characters on private property. The concept of Pokémon Go is simple—players are able to capture, train, and […]
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EA and Retired NFL Players Settle Suit Regarding Players’ Likeness
A group of retired NFL players and Electronic Arts Inc. (EA) settled a lawsuit this past week regarding the use of the players’ likeness in the Madden football games in the United States District Court for the Northern District of California. While EA licensed current players’ image, the “historic teams” rosters in the game featured retired players whose images EA had not been authorized to use. While the game did not include the retired players’ names, the players in the game possessed other attributes that could serve as identifying characteristics. The judge in the case rejected class certification for the roughly 6,000 former NFL players […]
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Congressman Introduces Legislation to Allow NCAA Athletes to Profit Off Likeness
The Student-Athlete Equity Act was introduced by U.S. Representative Marker Walker (R-NC) and co-sponsored by U.S. Representative Cedric Richmond (D-La). The bill is designed to prevent qualified amateur sports organizations from restricting student-athletes from using or being compensated for use of their name, image, and likeness. The bill’s sponsors purport to give equitable free-market opportunities to collegiate student-athletes. Specifically, the bill looks to add to the language of Section 501(j)(2) of the Internal Revenue Code of 1986. This section provides the definition for an amateur sports organization that qualifies for tax exemptions. The bill would amend the end of the definition […]
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Photographers Clap Back at Ariana Grande’s Copyright Grabs
Ariana Grande’s “Sweetener” World Tour is not so sweet for the press photographers tasked with capturing her star power on stage. Major media outlets including The New York Times, Associated Press, and the Los Angeles Times have joined forces with the National Press Photographers Association to protest the pop star’s markedly restrictive photo policies. According to the contract Grande currently has professional photographers sign, “all rights (including all copyrights) in and to the photographers shall be owned by [Grande’s touring company] as a ‘work made for hire.’” What does this mean, and how does it disrupt the typical rights of photographers? […]
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Whistle Blown on Referee’s Suit against Kentucky Radio Network
One year ago, referee John Higgins officiated a controversial NCAA March Madness basketball matchup between Kentucky and North Carolina. In the wake of Kentucky’s loss, Kentucky Sports Radio hosts allegedly shared Higgins’s personal and business information and encouraged the vitriol directed by fans at the referee. Higgins was bombarded with thousands of calls and numerous death threats, and the social media pages for his Nebraska business were crushed with negative comments. Higgins sued Kentucky Sports Radio, alleging intentional infliction of emotional distress, invasion of privacy, tortious interference with a business, and civil conspiracy. Higgins sought $75,000 in damages. The case was moved […]
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Fortnite Choreography Copyright Suits Stalled by Unanimous SCOTUS Ruling
In the midst of three copyright infringement suits against Epic Games, creator of the celebrated Fortnite video game, the Supreme Court has announced a groundbreaking decision that has put all such litigation on hold. On March 4, SCOTUS unanimously ruled that copyright infringement suits cannot be filed until a copyright is registered. In light of this decision, countless artists and entertainers will be prevented from bringing suits, including Fresh Prince of Bel-Air actor Alfonso Ribeiro, rapper 2 Milly, and internet personality Backpack Kid. Each entertainer, all of whom are represented by Pierce Bainbridge, filed a claim asserting that Epic Games had […]
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U.S. Women’s Soccer Sues for Gender Discrimination
The U.S. Women’s National Soccer Team (WNT) has sued the United States Soccer Federation (USSF) for gender discrimination in the United States District of Los Angeles, citing unequal pay between the WNT and the Men’s National Team (MNT), despite the WNT outperforming the MNT in revenue in 2015. The named plaintiffs in the suit include notable star players such as Alex Morgan and Megan Rapinoe. The WNT states two causes of action in its complaint. The first is a violation of the Fair Labor Standards Act, as amended by the Equal Pay Act, claiming that USSF engaged in systemic gender-based pay […]
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2019 Harvard Sports Law Symposium Scheduled for Monday, April 1, 2019
For Immediate Release: 2019 Harvard Sports Law Symposium Scheduled for Monday, April 1, 2019. On April 1, the Harvard Committee on Sports & Entertainment Law and the Harvard Journal of Sports & Entertainment Law are hosting the 2019 Harvard Sports Law Symposium. An annual event, the Symposium is intended to bring together sports industry–focused practitioners, academics, and students for meaningful discussions on the most pressing business and legal issues in the sports world. Pursuant to the schedule below, the Symposium will begin at 10:00 AM on Harvard Law School’s campus in Wasserstein Hall, Room 2019 (Milstein West) (see campus map here). […]