Justia Entertainment & Sports Law Opinion Summaries

Plaintiffs, twenty-three professional football players, filed a putative class action against the NFL, claiming that films produced by NFL-affiliate NFL Films violated the players’ rights under the right-of-publicity laws of various states as well as their rights under the Lanham Act, 15 U.S.C. 1125. Twenty plaintiffs settled, but appellants elected to opt out of the settlement and pursued individual right-of-publicity and Lanham Act claims. The district court granted summary judgment for the NFL. Applying the three Porous Media Corp. v. Pall Corp., factors, the court agreed with the district court’s conclusion that the films are expressive, rather than commercial, speech and that the Copyright Act, 17 U.S.C. 301(a), therefore preempts appellants’ claims. The court also concluded that appellants' claim of false endorsement under the Lanham Act fails as a matter of law because appellants provide no evidence that the films contain misleading or false statements regarding their current endorsement of the NFL. Accordingly, the court affirmed the judgment. View "Dryer v. National Football League" on Justia Law

The adult children and heirs of songwriter Terry Gilkyson, a member of the band The Easy Riders, filed suit against Disney, alleging that Disney had breached its contractual obligation to pay royalties in connection with the licensing or other disposition of the mechanical reproduction rights to Gilkyson’s songs. The trial court dismissed the lawsuit after sustaining Disney’s demurrer to the first amended complaint without leave to amend, ruling the Gilkyson heirs’ causes of action were barred by the applicable statutes of limitations. The court concluded that the trial court erred in sustaining the demurrer pursuant to the statute-of-limitations bar where the continuous doctrine applies to plaintiffs' contract claims. In this case, Disney’s obligation to pay royalties based on its licensing or other disposition of the mechanical reproduction rights to Gilkyson’s songs was unquestionably a continuing one. While portions of the Gilkyson heirs’ contract claim are undoubtedly time-barred, the action is timely as to those breaches occurring within the four-year limitations period preceding the filing of the original lawsuit. Accordingly, the court reversed and remanded with directions. View "Gilkyson v. Disney Enter." on Justia Law

Plaintiff Jeffrey Sarver filed suit against defendants, contending that Will James, the main character in the Oscar-winning film "The Hurt Locker," is based on his life and experiences and that he did not consent to such use and that several scenes in the film falsely portray him in a way that has harmed his reputation. The district court dismissed all of Sarver’s claims. As a preliminary matter, the court concluded that it had little basis to conclude that New Jersey is Sarver's legal domicile at the time the film was released. Even assuming arguendo that New Jersey was Sarver’s domicile, the court concluded that California contacts predominate, and the Restatement (Second) of Conflicts section 145 factors weigh in favor of the application of California's anti-SLAPP law, Cal. Civ. Proc. Code 425.16. Under section 6 Second Restatement principles, California had the most significant relationship to this litigation, which was sufficient to overcome any presumption of Sarver's domicile. The court also concluded that defendants' anti-SLAPP motions were timely filed under Federal Rule of Civil Procedure 56. On the merits, the court concluded that the film and the narrative of its central character Will James speak directly to issues of a public nature, and Sarver has failed to state and substantiate a legally sufficient claim. The film is speech that is fully protected by the First Amendment, which safeguards the storytellers and artists who take the raw materials of life - including the stories of real individuals, ordinary or extraordinary - and transform them into art. Therefore, the district court did not err in granting defendants’ anti-SLAPP motions. Finally, the court concluded that Sarver’s false light invasion of privacy, defamation, breach of contract, intentional infliction of emotional distress, fraud, and constructive fraud/negligent misrepresentation claims were properly dismissed. The court affirmed the judgment. View "Sarver v. Chartier" on Justia Law

The district court issued an injunction prohibiting FilmOn from distributing copyrighted content owned by plaintiffs. On appeal, FilmOn and its CEO, Alkiviades David, appealed the district court's judgment holding FilmOn and David in contempt of the injunction because FilmOn had used its Teleporter technology (“Teleporter System”) to distribute plaintiffs’ copyrighted television programs without plaintiffs’ permission. The court concluded that the district court did not abuse its discretion when it held FilmOn in civil contempt where FilmOne did not make a diligently reasonable attempt to comply with the Injunction under which it was already required to operate; held David in civil contempt because David both had the power to force FilmOn to comply and failed to take appropriate action within his power to prevent FilmOn from violating the injunction; sanctioned FilmOn $90,000 because the fine was civil in nature where the purpose of the sanction was to coerce FilmOn into future compliance; and awarded plaintiffs attorneys' fees. View "CBS Broadcasting v. FilmOn.com Inc." on Justia Law

Singer-songwriters John Whitehead and Gene McFadden were “an integral part of the 1970s Philadelphia music scene. In 2002, Pullman approached them about purchasing their song catalogue. The parties signed a contract but never finalized the sale. Pullman claims he discovered tax liens while conducting due diligence and that the matter was never resolved. Whitehead and McFadden passed away in 2004 and 2006, respectively. Pullman became embroiled in disputes with their estates over ownership of the song catalogue. The parties eventually agreed to arbitration. Pullman, unhappy with the ruling, unsuccessfully moved to vacate the arbitration award on the ground that the panel had committed legal errors that made it impossible for him to present a winning case by applying the Dead Man’s Statute, which disqualifies parties interested in litigation from testifying about personal transactions or communications with deceased or mentally ill persons.” The Third Circuit affirmed, stating that the arbitrators did not misapply the law, but that legal error alone is not a sufficient basis to vacate the results of an arbitration in any case. View "Whitehead v. Pullman Group LLC" on Justia Law

Tyrone Simmons, a writer and performer of hip hop music, filed suit against hip hop producer William C. Stanberry, Jr., rapper 50 Cent, and various corporate entities involved in the production and distribution of the 2007 song, "I Get Money." Simmons alleged that in February 2006 he purchased from Stanberry an exclusive license to a beat and that Simmons therefore owns the right to bar all others from using the beat. Simmons further alleged that 50 Cent's recording of his song employing that beat was publicly released in 2007, violating Simmons' copyright. The court concluded that Simmons' complaint is barred by the statute of limitations because Simmons, although aware of defendants' acts of infringement, waited more than three years to sue. Accordingly, the court affirmed the district court's dismissal of the complaint. View "Simmons v. Stanberry" on Justia Law

The Ticket Law, N.J. Stat. 56:8-35.1, part of New Jersey’s Consumer Fraud Act, says: It shall be an unlawful practice for a person, who has access to tickets to an event prior to the tickets’ release for sale to the general public, to withhold those tickets from sale to the general public in an amount exceeding 5% of all available seating for the event. The Consumer Fraud Act permits private plaintiffs to sue any person who violates the Act and causes them to suffer ascertainable damages. Plaintiffs wanted to attend Super Bowl XLVIII, which was held in New Jersey in 2014. One plaintiff bought two tickets on the resale market, allegedly for much more than face price. They assert that the NFL’s method of selling tickets to Super Bowl XLVIII violated the Ticket Law and resulted in unjust enrichment. The Third Circuit affirmed dismissal. Neither plaintiff has constitutional standing to bring this case. Otherwise, anyone who purchased a Super Bowl ticket on the resale market would have standing to sue in federal court based on nothing more than conjectural assertions of causation and injury. Article III requires more. The court declined to interpret the Ticket Law’s meaning. View "Finkelman v. Nat'l Football League" on Justia Law

The Institute filed the underlying complaint, alleging claims for unjust enrichment, right of publicity, and misappropriation under Michigan common law for Target’s sales of all items using the name and likeness of Rosa Parks. The district court dismissed the complaint. The court concluded that Target's use of Rosa Parks’s name and likeness in the books, movie, and plaque is necessary to chronicling and discussing the history of the Civil Rights Movement. These matters are quintessentially embraced and protected by Michigan’s qualified privilege. Michigan law does not make discussion of these topics of public concern contingent on paying a fee. Therefore, all six books, the movie, and the plaque are protected under Michigan’s qualified privilege protecting matters of public interest. Accordingly, the court affirmed the judgment. View "Rosa and Raymond Parks Inst. for Self Dev. v. Target Corp." on Justia Law

Machete, a film production company, filed suit claiming that a Texas film incentive program was unconstitutional under the First Amendment, Fourteenth Amendment, and Texas Constitution. The district court dismissed all of Machete's claims. The court concluded that Machete lacked standing to pursue its only available federal claim against the director of the Texas Film Commission in her official capacity. The court also concluded that Machete has not shown that it has clearly established that the First Amendment requires a state which has an incentive program like this one to fund films casting the state in a negative light. Consequently, Machete cannot show that Governor Rick Perry’s general counsel, David Morales, violated Machete’s clearly established rights in this context. Machete's due process clause claims are similarly unavailing. Finally, the district court did not err in dismissing Machete's claims under the Texas Constitution because Morales did not forbid Machete from filming, producing, or releasing its movie, but merely opted not to subsidize the film with Texas taxpayer funds. Accordingly, the court affirmed the district court's judgment. View "Machete Prod. v. Page" on Justia Law

Donald T. Sterling seeks to regain ownership of the Los Angeles Clippers (Clippers), a professional basketball team Steven Ballmer purchased on August 12, 2014. A charge before the NBA’s board of governors indicated that on April 26, 2014, a tape recording of Donald’s “deeply offensive, demeaning, and discriminatory views toward African Americans, Latinos, and ‘minorities’ in general” was made public. Donald was subsequently banned from participating in the league and the NBA sought to terminate the Sterlings' ownership of the Clippers. Due to Donald's refusal to sign the sale agreement, his wife removed him as trustee of the Sterling Family Trust and filed an ex parte petition seeking confirmation of Donald's removal as trustee and instructions relevant to the sale. At issue on appeal is the probate court's order following the ex parte petition. The court concluded that the evidence credited by the probate court overwhelmingly showed that Donald was properly removed as trustee; the credited evidence overwhelmingly supported the probate court’s conclusion that exigent circumstances warranted the sale of the Clippers to prevent extraordinary loss to the trust; the probate court’s sanctioning the sale was correct even though Donald, who initially agreed to the sale, purportedly revoked the trust in an effort to block the sale; and Donald fails to demonstrate any legal error and fails to consider the facts in accordance with the proper standards on appeal. Accordingly, the court affirmed the probate court's order. View "Sterling v. Sterling" on Justia Law