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Damages and Discovery; Right of Publicity, AI, NIL, and more… ELU168

Join Gordon Firemark and Tamara Bennett in Episode 168 of the Entertainment Law Update podcast as they delve into recent pivotal legal and business news stories. In this episode, we talk about significant rulings and notable legal battles in the entertainment industry.

Warner Chappell v. Nealy: Supreme Court's Ruling

Discovery Rule in Copyright Cases

X Corp v. Bright Data: Data Scraping Lawsuit

Cher Wins Royalties Battle

Right of Publicity Corner

  • Kardashians Win Against Background Person
  • Scarlett Johansson vs. Open AI
  • Class Action Against LOVO AI Tool

NCAA and NIL Agreements

Quick Take Lightning Round

  • Take Two Interactive Wins Tattoo Lawsuit
    • TikTok Music Licensing
    • Sony Wins Against Rapper Over TikTok Videos

    Tune in to Episode 168 for an in-depth analysis of these stories and more, available for streaming and viewing, or subscribe and download on your favorite podcast platform. Listen and view the show notes here.

    Stay informed with the latest in entertainment law with Gordon Firemark and Tamara Bennett.

    The Birth and Death of the Fairness Doctrine

    June 7, 1949 – A landmark decision in the realm of entertainment and broadcast law was made this week 75 years ago when the Federal Communications Commission (FCC) introduced the Fairness Doctrine. This doctrine required broadcast licensees to present controversial issues of public importance and to do so in a manner that was honest, equitable, and balanced.

    Image of microphone and gavel

    The Fairness Doctrine aimed to ensure that all coverage of controversial issues by a broadcast station be balanced and fair. Its origins were rooted in the Communications Act of 1934, which required broadcasters to operate in the public interest. The doctrine emerged from the belief that broadcast licensees, as trustees of the public airwaves, should provide a platform for diverse viewpoints, especially on controversial subjects.

    While the Fairness Doctrine was a cornerstone of broadcasting policy for many years, it faced substantial opposition and was ultimately abolished in 1987 under the Reagan Administration. Critics argued that it stifled free speech and that the proliferation of cable television and other media platforms rendered it obsolete.

    The legacy of the Fairness Doctrine remains a point of debate. Some view it as a necessary measure to ensure balanced public discourse, while others see its end as a victory for free speech.

    In my view, the end of the Fairness Doctrine is a key trigger point that led to widespread distrust of media and the massive divisions we see in American society. Maybe we should bring it back?


    Be Careful When “Partnering” in the Creative Fields

    In the dynamic and ever-evolving world of creative industries, collaborations and partnerships are often the driving force behind groundbreaking projects and innovative works. From podcasters and filmmakers to musicians and visual artists, many creative professionals find that teaming up with others can amplify their talents and expand their reach. However, while the allure of partnership… Continue Reading

    Why You Absolutely Shouldn’t Worry About Copyright Law: A Sarcastic Guide

    Oh, copyright law—what a trivial little detail in the grand scheme of your creative masterpiece! Who needs to fret over such mundane legalities? Here’s why you should definitely not worry about copyright law at all. (Spoiler alert: you absolutely should.) Ignoring Copyright Protection Why protect your work when you can just let anyone and everyone… Continue Reading

    Is it Live, or is it? (Entertainment Law Update 167)

    Join Gordon Firemark and Tamara Bennett in episode 166 of the Entertainment Law Update podcast as they provide detailed analysis and commentary on various legal and business news stories. Paramount’s triumph in the Top Gun copyright case and Tennessee’s enactment of the Elvis Act to combat AI deepfakes are highlighted, alongside new legislation aiming to… Continue Reading

    FTC’s Non-Compete Ban: A Shakeup for Media, Entertainment, and Online Industries?

    The Federal Trade Commission (FTC) recently banned most non-compete agreements, impacting how businesses operate across the board. This is particularly interesting for media, entertainment, and online industries known for their talent mobility and creative collaborations. What’s Changing? Previously, non-compete agreements restricted employees from working for competitors for a certain period after leaving. The FTC’s rule… Continue Reading

    From Script to Stage or Screen: Clear Agreements Streamline Entertainment Projects

    In the glamorous world of entertainment, the focus is often on creativity, star power, and the end product. However, the backbone of any successful entertainment project isn’t found in the spotlight—it’s in the mundane yet crucial early stage of establishing clear agreements. These agreements are not merely paperwork; they are the foundational elements that ensure… Continue Reading

    5 Hard Lessons About the Use of Music Rights in Films No One Will Discuss Openly

    5 Hard Lessons About the Use of Music Rights in Films No One Will Discuss Openly

    Music can define a film, evoking emotions and enhancing narratives. However, the legal complexities surrounding music rights are a landscape fraught with pitfalls that filmmakers often underestimate. Here’s a deep dive into the hard lessons about using music in films, complete with real-life examples and case law. 1. Music Licensing Can Be Costly Securing the… Continue Reading

    Gordon Firemark Appears on Digital Trailblazer Podcast for 2nd time

    What a pleasure it was to join Host Leah Rae Getts to talk about the legal side of online business, media, courses, etc. Check out this episode, and let me know in comments or via email if you have questions. Prefer audio? Apple: https://podcasts.apple.com/us/podcast/digital-trailblazer-podcast/id1717325062   Spotify: https://open.spotify.com/show/2krxAi7r6e2teFmNFoKDG5?si=4ccb1f7022f24eb4 Continue Reading

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