Justia Entertainment & Sports Law Opinion Summaries

In a dispute over the naming of a thoroughbred racehorse, the United States Court of Appeals for the Ninth Circuit reversed the district court's decision, which held that the decision by the California Horse Racing Board (CHRB) precluded the plaintiffs' legal action under 42 U.S.C. § 1983 alleging First Amendment violations. The plaintiffs, who owned the horse named Malpractice Meuser, brought the action after the CHRB refused their horse's registration due to its name, which they believed violated specific rules. The Ninth Circuit ruled that the district court was wrong to conclude the CHRB's decision precluded the plaintiffs' § 1983 action. The court reasoned that for a state administrative agency decision to have the same preclusive effect as a state court judgment, the administrative proceeding must be conducted with sufficient safeguards and satisfy fairness requirements. In this case, the CHRB lacked the authority under California law to decide constitutional claims, and thus, its decision had no preclusive effect. Furthermore, the court ruled that the plaintiffs' decision not to seek review of the CHRB's decision in state court did not endow that decision with preclusive effect. The court found that requiring the plaintiffs to go to state court before filing a suit under § 1983 would amount to an improper exhaustion prerequisite. The case was remanded for further proceedings. View "JAMGOTCHIAN V. FERRARO" on Justia Law

The Ninth Circuit affirmed the district court's order vacating the jury's damages award for copyright infringement and granting judgment as a matter of law to Katy Perry and other defendants. Plaintiffs, Christian hip-hop artists, filed suit alleging that a repeating instrumental figure in one of Katy Perry's songs copied a similar ostinato in one of plaintiffs' songs.The panel held that copyright law protects musical works only to the extent that they are original works of authorship. In this case, the trial record compels the panel to conclude that the ostinatos at issue consist entirely of commonplace musical elements, and that the similarities between them do not arise out of an original combination of these elements. Therefore, the jury's verdict finding defendants liable for copyright infringement was unsupported by the evidence. View "Gray v. Hudson" on Justia Law

The City of Oakland sued the NFL and its member teams, alleging that the defendants created artificial scarcity in their product (NFL teams), and used that scarcity to demand supra-competitive prices from host cities. The city alleged that when it could not pay those prices, the defendants punished it by allowing the Raiders to move to Las Vegas.The Ninth Circuit affirmed the dismissal of the case. While the city had Article III standing because it plausibly alleged that, but for the defendants’ conduct, it would have retained the Raiders, the defendants’ conduct did not amount to an unreasonable restraint of trade under section 1 of the Sherman Act. The city failed sufficiently to allege a group boycott, which occurs when multiple producers refuse to sell goods or services to a particular customer, alleging only that a single producer, the Raiders, refused to deal with it. The city also failed sufficiently to allege statutory standing on a theory that the defendants’ conduct constituted an unlawful horizontal price-fixing scheme. A finding of antitrust standing requires balancing the nature of the plaintiff’s alleged injury, the directness of the injury, the speculative measure of the harm, the risk of duplicative recovery, and the complexity in apportioning damages; here, the city was priced out of the market and was a nonpurchaser. Any damages were highly speculative and would be exceedingly difficult to calculate. View "City of Oakland v. Oakland Raiders" on Justia Law

Under the Americans with Disabilities Act, 42 U.S.C. 12182(a), the Department of Justice (DOJ) promulgated 1991Accessibility Guidelines requiring that in sports stadiums, “[w]heelchair areas shall be an integral part of any fixed seating plan and shall be provided so as to provide people with physical disabilities a choice of admission prices and lines of sight comparable to those for members of the general public.” A 1996 DOJ guidance document (Accessible Stadiums) provides: Wheelchair seating locations must provide lines of sight comparable to those provided to other spectators. In stadiums where spectators can be expected to stand during the show or event (for example, football, baseball, basketball games, or rock concerts), all or substantially all of the wheelchair seating locations must provide a line of sight over standing spectators."Plaintiffs, baseball fans with ADA-qualifying disabilities, use wheelchairs for mobility. The Stadium, designed in 1996 and constructed in 1997-1999, has vertically stacked seating levels sloped toward the field. There is wheelchair-accessible seating on each level. The district court rejected Plaintiffs’ sightline claim and, regarding the Accessible Stadiums standard, concluded: [W]hen the Court reviews the illustrations considering what can be seen over the line representing the standing spectator’s shoulders, i.e., “over the shoulders and between the heads,” more of the field is visible from the accessible seat, making the views comparable." The Ninth Circuit vacated. The district court failed to explain how the Stadium satisfies all the Accessible Stadiums requirements. View "Landis v. WashingtonvState Major League Baseball Stadium Public Facilities District" on Justia Law

When an AM/FM radio station plays a song over the air, it does not pay public performance royalties to the owner of the original sound recording. Digital and satellite radio providers like Sirius, however, must pay public performance royalties whenever they broadcast post-1972 music. Before a 2018 amendment to the copyright law, 17 U.S.C. 1401(b), they did not have to pay royalties for playing pre-1972 music under federal law. State law was less clear.The district court held that California law, which grants copyright owners an “exclusive ownership” to the music, creates a right of public performance for owners of pre-1972 sound recordings and that Sirius must pay for playing pre-1972 music. The Ninth Circuit reversed, looking to the common law in the 19th century when California first used the phrase “exclusive ownership” in its copyright statute. At that time, no state had recognized a right of public performance for music, and California protected only unpublished works. Nothing suggests that California upended this deeply-rooted common-law understanding of copyright protection when it used the word “exclusive ownership” in its copyright statute in 1872, so “exclusive ownership” does not include the right of public performance. View "Flo & Eddie, Inc. v. Sirius XM Radio, Inc." on Justia Law

Four Seasons front man Frankie Valli and other defendants associated with Jersey Boys did not infringe Rex Woodard's copyright in the autobiography of Tommy DeVito, now owned by Donna Corbello, Woodard's surviving wife.The Ninth Circuit affirmed the district court's judgment, after a jury trial in favor of defendants, on the sole ground that Jersey Boys did not infringe DeVito's biography, and so the panel did not reach the district court's fair use rationale. The panel rests its decision primarily on the unremarkable proposition that facts, in and of themselves, may not form the basis for a copyright claim. In this case, each of the alleged similarities between the Play and the Work are based on historical facts, common phrases and scenes-a-faire, or elements that were treated as facts in the Work and are thus unprotected by copyright, even though now challenged as fictional. The panel explained that neither Valli nor the other defendants violated Corbello's copyright by depicting in the Play events in their own lives that are also documented in the Work. Therefore, because the Play did not copy any protected elements of the Work, there was no copyright infringement. View "Corbello v. Vallli" on Justia Law

The Ninth Circuit affirmed in part and reversed in part the district court's dismissal of a third amended complaint (TAC) brought by plaintiffs, a putative class of former NFL players, alleging that the NFL negligently facilitated the hand-out of controlled substances to dull players' pain and to return them to the game in order to maximize profits. The NFL allegedly conducted studies and promulgated rules regarding how Clubs should handle distribution of the medications at issue, but failed to ensure compliance with them, with medical ethics, or with federal laws such as the Controlled Substances Act and the Food, Drug, and Cosmetic Act.The panel agreed with the district court that two of plaintiffs' theories of negligence, negligence per se and special relationship, were insufficiently pled. However, the panel held that plaintiff's voluntary undertaking theory survives dismissal, given sufficient allegations in the TAC of the NFL's failure to "use its authority to provide routine and important safety measures" regarding distribution of medications and returning athletes to play after injury. Furthermore, if proven, a voluntary undertaking theory could establish a duty owed by the NFL to protect player safety after injury, breach of that duty by incentivizing premature return to play, and liability for resulting damages. View "Dent v. National Football League" on Justia Law

The Ninth Circuit reversed the district court's dismissal of actor Ashley Judd's sexual harassment claim under California Civil Code section 51.9 against producer Harvey Weinstein. Judd alleged that, in the late 1990s, Weinstein sexually harassed her during a general business meeting and derailed her potential involvement in the film adaptation of "The Lord of the Rings" book trilogy.The panel held that, as alleged, section 51.9 plainly encompasses Judd and Weinstein's relationship, which was "substantially similar" to the "business, service, or professional relationship[s]" enumerated in the statute. The panel explained that the relationship between Judd and Weinstein was characterized by a considerable imbalance of power substantially similar to the imbalances that characterize the enumerated relationships in section 51.9. The panel stated that, by virtue of his professional position and influence as a top producer in Hollywood, Weinstein was uniquely situated to exercise coercive power or leverage over Judd, who was a young actor at the beginning of her career at the time of the alleged harassment. Furthermore, given Weinstein's highly influential and "unavoidable" presence in the film industry, the relationship was one that would have been difficult to terminate "without tangible hardship" to Judd, whose livelihood as an actor depended on being cast for roles. The panel rejected Weinstein's arguments to the contrary and held that Judd sufficiently alleged a claim under section 51.9. Accordingly, the panel remanded for further proceedings. View "Judd v. Weinstein" on Justia Law

IMDb filed suit challenging Assembly Bill 1687, which prohibits a specified category of websites from publishing the ages and dates of birth of entertainment industry professionals. The district court concluded that the statute violated IMDb's First Amendment speech rights and other constitutional and statutory provisions, and enjoined California's enforcement of the statute.The Ninth Circuit affirmed the district court's judgment and held that, on its face, AB 1687 prohibits the publication of specific content, by specific speakers. Therefore, the panel held that it is a content-based restriction on speech that is subject to strict scrutiny. In this case, California and the Screen Actors Guild failed to demonstrate that AB 1687 is the least restrictive means and narrowly tailored to accomplish the goal of reducing incidents of age discrimination. Finally, the panel held that the district court did not abuse its discretion in denying the parties’ discovery requests. View "IMDb.com, Inc. v. Becerra" on Justia Law

In this antitrust action, the Ninth Circuit affirmed the district court's order enjoining the NCAA from enforcing rules that restrict the education-related benefits that its member institutions may offer students who play Football Bowl Subdivision football and Division I basketball.The panel held that the district court properly applied the Rule of Reason in determining that the enjoined rules are unlawful restraints of trade under section 1 of the Sherman Act. In this case, the district court found that the NCAA's rules have significant anticompetitive effects in the relevant market for student-athletes' labor on the gridiron and the court; the district court fairly found that NCAA compensation limits preserve demand to the extent they prevent unlimited cash payments akin to professional salaries, but not insofar as they restrict certain education-related benefits; and the district court did not clearly err in determining that the less restrictive alternative would be virtually as effective in serving the procompetitive purposes of the NCAA's current rules, and may be implemented without significantly increased cost.The panel also held that the record supported the factual findings underlying the injunction and that the district court's antitrust analysis is faithful to the panel's decision in O'Bannon v. NCAA (O’Bannon II), 802 F.3d 1049 (9th Cir. 2015). View "Alston v. National Collegiate Athletic Association" on Justia Law