Justia Entertainment & Sports Law Opinion Summaries

Fox filed suit against Dish Network for copyright infringement and breach of contract, seeking a preliminary injunction. At issue were two Dish products: (1) "PrimeTime Anytime," which allowed a cable subscriber to set a single timer to record any and all primetime programming on four major networks; and (2) "AutoHop," which allowed users to automatically skip commercials. The court held that the district court did not abuse its discretion in holding that Fox did not establish a likelihood of success on its direct infringement claim. In this case, Dish's PrimeTime Anytime program created the copied program only in response to the user's command and the district court did not err in concluding that the user, not Dish, made the copy. Operating a system used to make copies at the user's command did not mean that the system operator, rather than the user, caused copies to be made. Although Fox established a prima facie case of direct infringement by Dish customers, Dish met its burden of demonstrating that it was likely to succeed on its affirmative defense that its customers' copying was a "fair use." Accordingly, the district court did not abuse its discretion in concluding that Fox was unlikely to succeed on its claim of secondary infringement. Applying a very deferential standard of review, the court concluded that the district court did not abuse its discretion in denying a preliminary injunction based on alleged contract breaches. Finally, even if Fox was likely to succeed on its claims that Dish directly infringed Fox's copyrights and breached the no-copying clause of the contract at issue by making "quality assurance" copies, the court agreed with the district court that Fox did not demonstrate a likelihood of irreparable harm resulting from these copies. Therefore, the court affirmed the judgment of the district court. View "Fox Broadcasting Co. v. Dish Network" on Justia Law

In 1982 Hobbs was working as a photographer on a Russian cruise ship where he had a brief affair with a Russian waitress. Based on the experience, he wrote a song, “Natasha” about an ill-fated romance between a man from the U.K. and a Ukrainian woman. In 1983, he registered his copyright to “Natasha” in the United Kingdom and sent the song to several music publishers, including a company that published songs composed by Elton John and Bernard Taupin. Hobbs’s efforts to find a publisher for “Natasha” were unsuccessful. In 1985, Elton John released his very successful song, “Nikita,” in which a singer from “the west” describes his love for Nikita, whom the singer saw “by the wall” and who is on the other side of a “line” held in by “guns and gates.” Hobbs filed a copyright infringement claim 27 years later. The district court dismissed. The Seventh Circuit affirmed, finding that the songs were not substantially similar. The Copyright Act does not protect general ideas, such as a romance between a western man and a woman from behind the iron curtain, but only the particular expression of an idea. View "Hobbs v. John" on Justia Law

The Tennessee Adult-Oriented Establishment Registration Act of 1998 is a county-option state law to address deleterious secondary effects associated with adult-oriented businesses, including crime, spread of venereal disease, and decreased property values. Adult-oriented establishments that are subject to the Act, and their employees, must obtain licenses. The Act prohibits nudity, certain sexual activities, touching of certain anatomical areas, all physical contact during performances, sale or consumption of alcohol on the premises; it requires that all performances occur on a stage at least 18 inches above floor level with all performers at least six feet away from customers and other performers. Shelby County adopted the Act in 2007. Owners of adult establishments challenged the ordinance. Following denial of a preliminary injunction, the district court granted summary judgment upholding the law, except with respect to a claim of facial invalidity attacking the reasonableness of coverage of establishments featuring “briefly attired” dancers. The court then rejected that challenge. The Sixth Circuit affirmed, rejecting First Amendment challenges. View "Entm't Prods., Inc. v. Shelby Cnty." on Justia Law

The 545 patent claims a method for distributing copyrighted products (songs, movies, books) over the Internet where the consumer receives a copyrighted product for free in exchange for viewing an advertisement, and the advertiser pays for the copyrighted content. The district court dismissed an infringement claim. The Federal Circuit reversed and remanded, holding that the patent claims a "process" within the meaning of 35 U.S.C. 101. The Supreme Court vacated. The Federal Circuit subsequently held, again, that the district court erred in holding that the subject matter of the 545 patent is not a “process” within the meaning of 35 U.S.C. 101. The claimed invention is a practical application of the general concept of advertising as currency and an improvement to prior art technology and is not “so manifestly abstract as to override the statutory language of section 101.” View "Ultramercial, Inc. v. Hulu, LLC" on Justia Law

The dispositive issue in this appeal was whether the trial judge erred in issuing a temporary injunction. The substantive issue in this appeal was whether the Executive Director of the Oklahoma Secondary School Activities Association (OSSAA) acted in an unreasonable and arbitrary manner when he imposed a forfeiture penalty against Wright City Public School (Wright City) for violation of OSSAA's 22-game limit baseball rule. On April 30, 2013, the Executive Director of the Oklahoma Secondary School Activities Association determined that the Wright City Public School violated the Association's rules when the varsity baseball team played the Idabel junior varsity team and the Valliant varsity team. The Executive Director imposed the penalty, requiring the Wright City team to forfeit the next two games. The penalty eliminated Wright City from the 2013 Class A state tournament scheduled for May 2 and 3, 2013. On May 1, the district court entered a temporary restraining order and temporary injunction. The Supreme Court concluded "[a]ll the players in this controversy" erred: (1) the Executive Director should not have decided the alleged rule violation with Wright City's request for reconsideration pending and without allowing Wright City a meeting with the investigator; (2) Wright City should not have sought district court relief before the OSSAA Board of Directors denied it any relief; and (3) the district court should not have entertained the petition for injunctive relief before it had proof that the OSSAA Board of Directors refused to rule on the alleged rule violation and refused to extend the baseball season to allow Wright City to exercise its rights under the due process procedure in the OSSAA Constitution. Accordingly, the Supreme Court dissolved the district court's temporary injunction and remanded the case to the district court with directions to stay this proceeding until Wright City had an opportunity to challenge the allegations of rule violation before the OSSAA Board of Directors pursuant to OSSAA's Constitution. View "Wright City Public Schools v. Oklahoma Secondary School Activities Assn." on Justia Law

Hart was a quarterback, player number 13, with the Rutgers University NCAA Men’s Division I Football team, 2002 through 2005, and was required to adhere to the NCAA amateurism rules. These rules state that a collegiate athlete loses his or her “amateur” status if the athlete uses his or her athletics skill (directly or indirectly) for pay in any form in that sport or accepts any remuneration or permits the use of his or her name or picture to advertise, recommend or promote directly the sale or use of a commercial product or service of any kind. Hart was very successful and was included in EA’s successful NCAA Football videogame franchise. In the game NCAA Football 2006, for example, Rutgers’ quarterback, player number 13, is 6’2” tall, weighs 197 pounds and resembles Hart; it shares his home town, team, and class year. Hart sued EA, alleging violation of his right of publicity by appropriating his likeness for use in the NCAA Football series of videogames. The district court dismissed on First Amendment grounds. The Third Circuit reversed, holding that the games did not sufficiently transform Hart’s identity to escape the right of publicity claim. . View "Hart v. Electronic Arts, Inc." on Justia Law

In 2011, the Michigan legislature enacted laws that barred sexually oriented businesses from displaying signs on the premises that contained more than “words or numbers,” Mich. Comp. Laws 125.2833; and imposed similar restrictions on off-site billboards, Mich. Comp. Laws 252.318a. In response to a First Amendment challenge, the district court preliminarily enjoined enforcement. The state stipulated to a final judgment declaring both laws facially unconstitutional and permanently enjoining enforcement. Two months later, Platinum, represented by the same attorney who had won the first lawsuits, sued the same defendants, challenging the same laws on the same free speech grounds. The district court dismissed. The Sixth Circuit affirmed. The legal possibility that “this Governor or this Attorney General will enforce these laws in the face of these injunctions is: zero.” Platinum Sports has no cognizable theory of injury. View "Platinum Sports Ltd. v. Snyder" on Justia Law

In 1974, songwriter, recording artist, producer, and performer Tilmon, composed the song “You’re Getting a Little Too Smart.” In 1976, Tilmon assigned all of his rights to the song to Bridgeport Music. In 1997, rapper Rashaam A. Smith a/k/a Esham A. Smith released the song “You & Me,” which, according to Bridgeport, unlawfully contained samples of the composition “Smart.” In 2003, plaintiffs, including Bridgeport, sued for copyright infringement. In 2004, plaintiffs obtained default judgments. In 2005, plaintiffs recorded the judgments with the U.S. Copyright Office. In 2011, Tilmon’s widow and a nonparty to the lawsuit, moved, under Federal Rule of Civil Procedure 60(b), to set aside the default judgments because she was the legal owner of the copyright by operation of law at the time the lawsuit was filed. The district court denied the motion. The Sixth Circuit affirmed, finding that the motion was untimely because the widow was on constructive notice of the judgment and had not established an inference of fraud on the court. View "Bridgeport Music, Inc. v. Smith" on Justia Law

Two groups of plaintiffs, holders of copyrights in programs broadcast on network television, filed copyright infringement actions against Aereo. Aereo enabled its subscribers to watch broadcast television programs over the internet for a monthly fee. Plaintiffs moved for a preliminary injunction barring Aereo from transmitting programs to its subscribers while the programs were still airing, claiming that those transmissions infringed their exclusive right to publicly perform their works. The district court denied the motion and plaintiffs appealed. The court concluded that Aereo's transmissions of unique copies of broadcast television programs created at its users' request and transmitted while the programs were still airing on broadcast television were not "public performances" of plaintiffs' copyrighted works under Cartoon Network LP, LLLP v. CSC Holdings, Inc. As such, plaintiffs have not demonstrated that they were likely to prevail on the merits on this claim in their copyright infringement action. Nor have they demonstrated serious questions as to the merits and a balance of hardships that tipped decidedly in their favor. Accordingly, the court affirmed the district court's order denying plaintiffs' motion. View "WNET v. Aereo, Inc." on Justia Law

In 2006 a teenager accused Gakuba of kidnapping and raping him. State charges are pending Gakuba sued under 42 U.S.C. 1983, claiming that investigating police barged into his Rockford hotel room without a warrant and seized his wallet and other items after obtaining Gakuba’s video rental records from Hollywood Video to corroborate the accuser’s story that he had spent time watching videos in Gakuba’s room. He also sought damages under the Video Privacy Protection Act, 18 U.S.C. 2710. The district court dismissed without prejudice, granting Gakuba leave to amend his complaint if the indictment concluded in his favor. The court advised Gakuba that certain claims would be barred on immunity grounds. The Seventh Circuit vacated. Gakuba’s claims of damages resulting from illegal searches, seizures, and detentions involve constitutional issues that may be litigated during the course of his criminal case. Monetary relief is not available to him in his defense of criminal charges and his claims may become time-barred by the time the state prosecution has concluded, so the district court should have stayed rather than dismissed Gakuba’s civil-rights claims. The court noted that Hollywood Video employees knowingly disclosed his rental information to the police without a warrant. View "Gakuba v. O'Brien" on Justia Law