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The Entertainment, Arts and Sports Law B.. by Elissa D. Hecker, Easl Blog Coordin.. - 17h ago
By Chantelle A. Gyamfi Edited by Elissa D. Hecker Below, for your browsing convenience, the categories are divided into Entertainment, Arts, Sports, Media, and General News: ENTERTAINMENT Spotify Settles Copyright Suits Brought by Songwriters In 2017, streaming giant Spotify was sued for copyright infringement. The suits were brought against Spotify separately by Bob Gaudio, a songwriter and founding member of Frankie Valli and the Four Seasons, and Nashville-based publisher Bluewater Music Services Corporation. The suits claimed that Spotify had failed to obtain licenses to stream works from the plaintiffs' catalogs; Gaudio's suit alleged that the streaming service wrongfully used 106 of his songs. The case was settled recently for an undisclosed amount. The settlement came just as the House Judiciary Committee was preparing to hold a hearing on oversight of the U.S. Copyright Office and updates came as to the development of the formation of the Mechanical Licensing Collective before a July 8th deadline. Among the big topics is the true amount of money in unmatched royalties held by on-demand digital services, like Spotify and Apple Music. https://www.hollywoodreporter.com/thr-esq/spotify-settles-copyright-lawsuits-brought-by-songwriters-1221403 Federal Prosecutors File New Charges Against R. Kelly R. Kelly, already under indictment in Chicago on state charges of aggravated sexual assault and abuse, was arrested by federal agents on charges related to child pornography and other federal crimes. Kelly was taken into custody over a 13-count indictment that includes enticement of a minor and obstruction of justice, in addition to the child pornography charges, said Joseph D. Fitzpatrick, an assistant United States attorney for the Northern District of Illinois. Federal prosecutors in Brooklyn also unveiled a separate indictment charging Kelly with one count of racketeering and four counts of violating the Mann Act, which prohibits transporting people across state lines for the purpose of prostitution. https://www.nytimes.com/2019/07/12/nyregion/rkelly-arrested.html R. Kelly Gave "Hush Money" to Teen in Sex Tape A new indictment accuses R. Kelly of bribing the family of the girl at the center of a 2000 case so she would not testify. Kelly was under investigation in late 2000 for making a videotape that purported to show him having sex with and urinating on a teenage girl. To prevent her from testifying, Kelly and his associates allegedly gave the girl and her family gifts and money over more than a dozen years. The gifts ranged from payments of thousands of dollars, a car given to the girl, and ,a trip abroad to make them unavailable to law enforcement but were attached to instructions that they lie to investigators to protect him. Kelly was indicted by a federal grand jury in Chicago on 13 counts, among them conspiracy to obstruct justice and producing child pornography, including four videos that included the girl whose family he is accused of paying. A grand jury in Brooklyn also indicted Kelly on five counts, including racketeering and violations of the Mann Act. Kelly's lawyer, Steven Greenberg, characterized the federal charges as "decades old" and "piling on". https://www.nytimes.com/2019/07/12/arts/rkelly-arrested-charges.html?searchResultPosition=2 Judge May Dismiss Spacey's Sex Case Judge Thomas S. Barrett of Nantucket District Court said that a sexual assault case against actor Kevin Spacey could be dismissed after the young man who accused Spacey of fondling him invoked the Fifth Amendment during a hearing over his missing phone. The man was asked to testify regarding text messages he sent and received on the night in July 2016 that he encountered Spacey at a Nantucket restaurant. Spacey's lawyer, Alan Jackson, contends that the young man had deleted text messages that could back up Spacey's assertion that whatever happened that night was consensual flirtation. After Jackson told the man that he could be charged with a felony for deleting evidence, the man invoked his constitutional right to protect himself from self-incrimination. Judge Barrett then said that the case "may well be dismissed" if the accuser continues to refuse to testify. https://www.nytimes.com/2019/07/08/arts/kevin-spacey-sexual-assault-case.html?searchResultPosition=1 No Prison for Friars Club Boss Michael Gyure, a former executive director of the Friars Club, was sentenced to one year of supervised release after pleading guilty to having filed false tax returns in January. His guilty plea covered tax returns for four years ending in 2015. He was charged with failing to include hundreds of thousands of dollars in supplemental income, including personal expenses covered by the club. https://www.nytimes.com/2019/07/08/nyregion/friars-clubs-nyc-michael-gyure.html?searchResultPosition=1 ART Court Says Heirs of Holocaust Victim Can Keep Nazi-Looted Works A New York appellate court has unanimously upheld a ruling that returned two prized Egon Schiele drawings to the heirs of Fritz Grünbaum, a Viennese cabaret singer, whose large art collection was confiscated before he was murdered in a Nazi concentration camp in 1941. The two works had been bought by a London art dealer, Richard Nagy, six years ago, but were returned to the heirs last year after a ruling by New York state court judge Charles J. Ramos. In upholding the ruling, Appellate Division judges for Manhattan and the Bronx wrote that their decision relied principally on the finding that the heirs had a better claim to the works because the evidence indicated that Grünbaum had clearly owned them before the war and had never voluntarily transferred title. https://www.nytimes.com/2019/07/10/arts/design/nazi-looted-art-holocaust.html?searchResultPosition=1 Art Dealer Charged with Theft of Artifacts Subhash Kapoor, a former Manhattan art dealer, was charged last week with running a multinational ring that trafficked in thousands of stolen objects, valued at more than $145 million, for over 30 years. Kapoor is currently jailed in India, where he has been awaiting trial on similar charges for nearly eight years. Authorities say Kapoor is one of the world's largest smugglers of antiquities. So far, around 2,600 antiquities, valued at more than $107 million, have been seized from storage locations Kapoor controlled in Manhattan and Queens during a decade-long investigation. The smuggling ring harvested objects from Afghanistan, Cambodia, India, Nepal, Pakistan, and Thailand, and it created false paper trails that gave the items a patina of legitimacy, then sold them globally for large profits to collectors, art dealers, and museums. https://www.nytimes.com/2019/07/10/arts/design/ancient-artifacts-smuggling-ring.html?searchResultPosition=1 Guggenheim Museum Added to World Heritage List The Soloman R. Guggenheim Museum is now among eight buildings designed by Frank Lloyd Wright that have been added to Unesco's World Heritage List, the first recognition by the United Nations cultural organization of American modern architecture. The Frank Lloyd Wright Building Conservancy, an organization that works to preserve the nearly 400 remaining buildings Wright designed, embarked on the nomination process more than 15 years ago, after a suggestion from the International Council on Monuments and Sites, which advises Unesco. The designation of the Wright properties follows the United States' withdrawal from Unesco at the end of 2018. The move means that the United States can no longer be represented on the World Heritage Committee, which determines which sites are added to, or removed from, the World Heritage List. https://www.nytimes.com/2019/07/07/arts/design/frank-lloyd-wright-unesco.html?searchResultPosition=2 Sadie Roberts-Joseph, Founder of African American Museum, Found Dead in Trunk Activist and museum founder Sadie Roberts-Joseph was found dead in the trunk of a car. Roberts-Joseph was the founder and curator of the Baton Rouge African American Museum. The museum features African art, exhibits on growing cotton and black inventors, as well as a 1953 bus from the period of civil rights boycotts in Baton Rouge. It also has prominent exhibits on President Barack Obama, whose presidency Roberts-Joseph cited as an inspiration to children. https://www.cnn.com/2019/07/13/us/baton-rouge-sadie-roberts-joseph-dead/index.html https://www.huffpost.com/entry/black-museum-founder-dead-sadie-roberts-joseph_n_5d2a47e5e4b02a5a5d5bcfc5 Hello Kitty's Parent Company Fined $6.9 Million by E.U. The European Commission has fined Sanrio, the Japanese company that licenses Hello Kitty and a range of other characters, 6.2 million euros, or around $6.9 million, for illegally restricting where manufacturers can sell the licensed toys, bags, and other products. The fine was announced after a two-year investigation by European antitrust regulators. The Commission said that Sanrio barred businesses that had purchased the right to make Hello Kitty merchandise from selling the items outside their home countries. Sanrio also restricted the languages used on the products. Sanrio's restrictions were in force for about 11 years through December. The company did not contest the penalty. https://www.nytimes.com/2019/07/10/business/hello-kitty-sanrio-european-union-antitrust.html?searchResultPosition=1 SPORTS World Cup Title Worth Six Figures and Counting for the Women - Still Thousands Less Than the Men A United States women's player will receive a guaranteed payday of about $250,000 for qualifying for the World Cup, making the final roster and then winning the tournament, based on enhanced bonuses included in the team's collective bargaining agreement with U.S. Soccer and a payout schedule for the finishers published by FIFA earlier this year. However, those FIFA bonus figures continue to pale in comparison to the far larger payouts for teams who compete in the men's World Cup - for example, France's men split $38 million for winning the men's tournament in Russia last summer. Those payments, and comparisons to FIFA-fueled payouts to the United States men's team after its participation in recent World Cups, are part of a broader and perpetually contentious debate about pay equality for women's soccer. https://www.nytimes.com/2019/07/07/sports/soccer/womens-world-cup-bonuses.html?searchResultPosition=1 Women's Soccer Team Wins World Cup, Aiding Their Fight for Equal Rights + Pay The U.S. women's soccer team clinched their second consecutive World Cup trophy by defeating the Netherlands 2-0 in the tournament's final match. The victory, which gave the United States a record four titles over all, was secured with goals from Rose Lavelle and best player honoree Megan Rapinoe. Almost immediately after the final whistle, Nike, one of the team's sponsors, released a stirring advertisement portraying the players not merely as soccer champions, but as champions of equal rights. This win was crucial for the champs, as the team's players filed a lawsuit in federal court in March against the United States Soccer Federation, accusing it of engaging in illegal workplace discrimination -- in areas such as pay, medical treatment, and workplace conditions -- on the basis of their gender. The heart of their argument for better compensation was their stellar performance over the years - therefore winning in France would help them make their case. https://www.nytimes.com/2019/07/07/sports/soccer/world-cup-final-uswnt.html?searchResultPosition=1 The U.S. Women Won, the Men Lost, and the Equal Pay Fight Tied Them Together Again On the day the American team won the Women's World Cup, the U.S. men lost in a regional final, and how to compensate the players has caused tension and division. The results further highlighted a contentious battle about pay equality featuring the men's teams and women's teams, the different media and financial ecosystems in which they compete, and the often unequal rewards for success for male and female athletes. All of it was brought to the fore again by the women's team's latest world championship, and by the chants of "Equal Pay!" that serenaded the players after they won. https://www.nytimes.com/2019/07/08/sports/soccer/world-cup-equal-pay.html?searchResultPosition=15 Agent Bets on Female Athletes Increase After World Cup Win Sports and talent agency Wasserman, which represents more than half the members of the United States women's national team, including Megan Rapinoe and Alex Morgan, is creating the Collective, a unit whose goal is to connect major companies, consumers, and fans of every gender with some of the country's best-known female athletes. Wasserman is hoping that the Collective can help remedy the inequities between women's and men's pay and other gender inequalities. https://www.nytimes.com/2019/07/11/sports/women-athlete-marketing-wasserman.html?searchResultPosition=1 Chess Player Caught Cheating with Phone During Tournament The International Chess Federation has suspended Igors Rausis, a Latvian-Czech player who won the grandmaster title in 1992 and has over the years represented Latvia, Bangladesh, and the Czech Republic. Officials say he was "caught red-handed using his phone during a game" in France last week. https://www.nytimes.com/aponline/2019/07/12/world/europe/ap-eu-france-chess-scandal.html?searchResultPosition=20 MEDIA Judges Rule That Trump Can't Block Critics from His Twitter Account A three-judge panel on the United States Court of Appeals for the Second Circuit unanimously held that because Trump uses Twitter to conduct government business, he cannot exclude some Americans from reading his posts -- and engaging in conversations in the replies to them -- because he does not like their views. The court further held that Trump has been violating the Constitution by blocking people from following his Twitter account because they criticized or mocked him. The ruling was one of the highest-profile court decisions yet in a growing constellation of cases addressing what the First Amendment means in a time when political expression increasingly takes place online. https://www.nytimes.com/2019/07/09/us/politics/trump-twitter-first-amendment.html?searchResultPosition=1 AOC Also Sued for Blocking Twitter Critics A federal appeals panel unanimously held that Trump has been violating the Constitution by blocking people from following him on Twitter because they criticized or mocked him. That ruling is now the basis of two lawsuits filed against Alexandria Ocasio-Cortez, accusing her of blocking people because of their opposing political stances. The Twitter account in question is not her official congressional account - AOC has 4.7 million followers on her personal Twitter account, @AOC, and her official congressional account, @RepAOC, has 172,000 followers - but she frequently uses her personal account to discuss policy and advocate her proposals, such as the Green New Deal and her belief that the camps holding children and other undocumented immigrants seeking asylum at the Texas border are "concentration camps". https://www.nytimes.com/2019/07/10/nyregion/aoc-twitter-lawsuit-trump.html?searchResultPosition=1 Expansion of Secrecy Law for Intelligence Operatives Alarms Free Press Advocates The Central Intelligence Agency (CIA) is pushing for Congress to significantly expand the scope of a 1982 law, the Intelligence Identities Protection Act, that makes it a crime to disclose the identities of undercover intelligence agents who have served abroad in the past five years, raising alarms among advocates of press freedoms. Under the CIA's plan, the law would instead apply perpetually to people whose relationships with the intelligence community are classified -- even if they live and operate exclusively on domestic soil. The CIA wants the law to protect the identities of more covert officers and informants, citing its defunct torture program and groups like WikiLeaks. https://www.nytimes.com/2019/07/10/us/politics/cia-operatives-secrecy-law.html?searchResultPosition=1 Federal Trade Commission Approves Facebook Fines of $5 Billion The Federal Trade Commission (FTC) has approved a fine of roughly $5 billion against Facebook for mishandling users' personal information, in what may be a landmark settlement that signals a newly aggressive stance by regulators toward the country's most powerful technology companies. While the settlement still needs final approval in the coming weeks from the Justice Department, if approved, it would be the biggest fine by far levied by the federal government against a technology company. https://www.nytimes.com/2019/07/12/technology/facebook-ftc-fine.html?searchResultPosition=20 Newsrooms Are Facing a Changing Climate Too As temperatures continue to rise, many news organizations are devoting more resources to climate change as they cover the topic with more urgency. In Florida, for example, six newsrooms (The Miami Herald, The Palm Beach Post, The South Florida Sun Sentinel, The Tampa Bay Times, The Orlando Sentinel, and WLRN Public Media) have taken the unusual step of pooling their resources and sharing their reporting on the issue. They plan to examine how climate change will affect the state's enormous agriculture sector as well as "the future of coastal towns and cities -- which ones survive, which ones go under". Several other news outlets, including The Guardian and The New York Times, have established initiatives to bring more attention to the climate crisis. https://www.nytimes.com/2019/07/08/business/media/as-the-world-heats-up-the-climate-for-news-is-changing-too.html?searchResultPosition=1 New Scandals Rock Government's Foreign Broadcasting Service The United States Agency for Global Media, the government's foreign broadcast service, is being rocked by two new scandals that have raised further questions about its journalistic and financial management. In one, Tomás Regalado Jr., a reporter for TV Martí, which broadcasts into Cuba, and a cameraman for the network, Rodolfo Hernandez, were suspended amid allegations that they faked a mortar attack on Regalado during a broadcast from Managua, Nicaragua, last year. That incident surfaced only days after Haroon Ullah, the former chief strategy officer at the global media agency, which operates Martí and foreign-language networks around the world, pleaded guilty on June 27th in federal court in Alexandria, Virginia, to stealing government property. Although the two incidents are unrelated, the scandals have brought intensified scrutiny and criticism to the agency, which was created to be an objective, trusted source of information in nations where freedom of the press is under attack. https://www.nytimes.com/2019/07/08/us/politics/us-agency-for-global-media-scandals.html?searchResultPosition=3 What Speech Goes Too Far on Twitter?? After a year of debate and criticism, an effort to add to a policy on banned speech led to a narrower restriction that applies only when religious groups are targeted. Last August, Twitter's top executives gathered at the company's headquarters to discuss how to make the site safer for its users. Two attendees proposed banning all speech that could be considered "dehumanizing". The company has now narrowed its policymaking to focus only on banning speech that is insulting and unacceptable if directed at religious groups. https://www.nytimes.com/2019/07/09/technology/twitter-ban-speech-dehumanizing.html?searchResultPosition=1 Ex-Vanity Fair Writer Says Editor Stopped Her from Exposing Epstein in 2003 Journalist Vicky Ward appeared on "The Late Show With Stephen Colbert" just days after Jeffrey Epstein was arrested and charged with sex trafficking by federal prosecutors and she revealed that she had wrote about Epstein in a March 2003 Vanity Fair issue, but the article was "toned down". As part of her reporting for the article, Ward said she had collected separate on-the-record accusations against Epstein from three women, two of whom said they were victims. Those accusations did not make it into the published version. The Vanity Fair profile was published five years before Epstein pleaded guilty in Florida to charges of soliciting a minor for prostitution. He ended up serving 13 months of an 18-month sentence. The plea deal in that case is now under Justice Department scrutiny. https://www.nytimes.com/2019/07/09/business/media/vicky-ward-jeffrey-epstein-vanity-fair.html?searchResultPosition=1 Press Group Urges Saudis to Release Jailed Journalists Press advocate group Reporters Without Borders is urging Saudi Arabia to free 30 journalists currently detained in the country and to relax its heavy suppression of the news media and of dissenting voices. https://www.nytimes.com/2019/07/10/world/middleeast/reporters-saudi-visit.html?searchResultPosition=1 Journalists in Australia Feel "Under Attack" After Journalist's Travel Records Are Leaked Journalists in Australia are concerned about their privacy rights after the Australian federal police obtained the personal travel records of a journalist from Qantas Airways. A document obtained by The Sydney Morning Herald showed that the police approached the airline in March seeking travel records for a journalist who wrote a 2017 article alleging that the..
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By Marc Jacobson www.marcjacobson.com A New York court recently decided that even though the defendant employer didn't sign the plaintiff's employment contract, a claim against the employer for unpaid severance embodied in the agreement was validly presented. Lord v. Marilyn Model Management, Inc., 2019 Slip Op 05093 (App. Div. 1st Dept. June 25, 2019). The plaintiff, an experienced model scout, was asked to leave his current job and join the defendant, with an annual salary of $190,000, plus discretionary bonuses and profit sharing. An agreement that provided for six months of severance pay if the plaintiff was terminated without cause, was negotiated, signed by the plaintiff, and sent by email to two members of the board of directors of the defendant. One of the board members replied by email, saying: "Welcome aboard. We'll countersign over the next few days." The parties both began performing under the agreement, with the plaintiff relocating to Paris from New York, from September 1, 2015 to March 1, 2016, when the plaintiff was terminated without cause. The plaintiff filed suit to recover severance. The defendant rejected that, asserting the agreement was never signed and moved to dismiss the complaint, without even answering the complaint. There was no recitation in the agreement that it would not be binding until signed by both parties. There was no statement that the parties may only assent to the contract by signing it. The agreement did state that it could be signed in counterparts. The court held that severance may still be due. The claims for promissory estoppel and severance for unpaid wages under the Labor Law survived. A claim for unjust enrichment for the value of the severance was dismissed. For film production companies, we frequently provide that the effectiveness of the agreement is subject to a condition precedent, which is the full execution and delivery of the agreement. For employers, we typically insert a clause in the "boilerplate" at the end of the agreement stating that the agreement is not binding until it is signed and returned by both parties. We usually provide for signature by counterparts as well. If you are preparing agreements on your own without a lawyer, consider whether you want the agreement to be binding even if the agreement is not signed. Best practices would suggest that payment and performance not begin until the fully signed agreement is signed and returned to both parties.
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The Entertainment, Arts and Sports Law B.. by Elissa D. Hecker, Easl Blog Coordin.. - 1w ago
By Angela Peco Edited by Elissa D. Hecker Below, for your browsing convenience, the categories are divided into: Entertainment, Arts, Sports, and Media: Entertainment Taylor Swift's Public Feud With Scooter Braun Spotlights Artists' Fight for Control Over Master Recordings The issue of master recordings and the copyrights associated with them gained media attention this week after Swift responded to her former label, Big Machine, being sold to a company run by Scooter Braun. Big Machine had rights to her first six albums. The owner of a master - the original copy of an artist's work, controls all rights to exploit it, including selling albums or licensing songs. Artists like Janet Jackson and Jay-Z have insisted on deals that gave them ownership of their recordings. https://www.nytimes.com/2019/07/01/arts/music/taylor-swift-master-recordings.html Diversity in the Ranks: Minorities Make Up Nearly a Third of New Oscar Voters The Academy of Motion Pictures Arts and Sciences has increased its Oscar voting pool to nearly 9,000 people as part of an effort to make good on its 2016 pledge to double female and minority membership by the end of 2020. About 50% of the film industry professional invited this year are women; 20% are minorities. https://www.nytimes.com/2019/07/01/business/media/oscars-academy-voters.html Jussie Smollett Case: What Do We Know and What is Left to Investigate? The New York Times provides a comprehensive summary of the Smollett case: the evidence, the main actors, why prosecutors dropped the charges, and what is expected next by the special prosecutor appointed to take a look at the allegations that the actor staged a hate crime. https://www.nytimes.com/2019/07/01/arts/jussie-smollett-video-case.html Former Executive Director of Manhattan's Friars Club is Accused of Abusing his Position In a sentencing memo related to his tax matter, federal prosecutors also described other, non-criminal misconduct that shows Michael Gyure took advantage of the club's lax financial oversight to enrich himself at the expense of the organization. He faces possible prison time for filing false tax returns for four years. The comedy club, known for hosting risqué celebrity roasts, lost its tax-exempt status as a fraternal organization in 2010. https://www.nytimes.com/2019/07/03/arts/friars-club-michael-gyure.html French Michael Jackson Fans Sue "Leaving Neverland" Accusers in French Court Two Michael Jackson fan clubs filed a lawsuit in Northern France, seeking symbolic damages of 1 euro each from two of the musician's alleged abuse victims for "sullying his image" in the HBO documentary "Leaving Neverland". French defamation laws extend libel protections beyond death. The court said a judgment would be delivered on October 4th. https://www.theguardian.pe.ca/living/michael-jackson-fans-sue-alleged-abuse-victims-in-french-court-329618/ "Wolf of Wall Street" Producer Faces Charges in Malaysia Riza Aziz, whose Red Granite Pictures produced the film, pleaded not guilty to five counts of laundering money misappropriated from a Malaysian government investment fund. The stepson of Malaysia's former prime minister joins other members of his family in facing charges in the disappearance of as much as $4.5 billion from a government investment fund. https://www.nytimes.com/2019/07/04/world/asia/wolf-wall-street-malaysia.html Hong Kong Celebrities Pay a Professional Price for Supporting Protesters Entertainers who are publicly supporting Hong Kong's recent protests are finding themselves blacklisted from the mainland Chinese market, barred from performing and their music removed from streaming websites. Others are subjected to online attacks after showing support for the anti-extradition protests on social media. The story of the cost of social activism for Hong Kong celebrities. https://www.nytimes.com/2019/07/05/world/asia/denise-ho-hong-kong-protests.html Arts Lockout Continues at Baltimore Symphony Last month, the orchestra's management locked the musicians out after they refused to agree to a contract guaranteeing fewer weeks of work (from 52 weeks to 40). The orchestra, though, is both a reflection of the city's resilience and a product of its surroundings. Much of the area's philanthropy is directed to education, health, and economic issues in a city where residents face poverty and lack basic needs; and while the orchestra will not receive much support from the cash-strapped city, it has tried to connect with the community by offering music instruction and meals to more than 1,300 children. The players warn that the proposed cuts will lower their base pay and weaken their ties to the community. https://www.nytimes.com/2019/07/01/arts/music/baltimore-symphony-orchestra-lockout.html Andy Warhol's Prince Series is Fair Use, Court Rules At issue was whether Warhol made fair use of a 1981 photograph of Prince when he created 16 artworks that are known as the "Prince Series". The ruling said Warhol transcended photographer Lynn Goldsmith's copyright by transforming a vulnerable Prince in the original photo into an artwork that made the singer look iconic, larger-than-life. Goldsmith is appealing the decision. https://www.nytimes.com/2019/07/02/arts/design/andy-warhol-prince-fair-use.html Kim Kardashian West Drops Name from Shapewear Line, Kimono Kardashian will change the name of her line after internet backlash led to the mayor of Kyoto, Japan writing an open letter asking her to reconsider the name and saying that kimonos are part of "a culture that has been cherished and passed down with care." https://www.nytimes.com/2019/07/02/style/kim-kardashian-west-kimono-japan.html Non-profit Group Brings Children's Books to Barbershops and Laundromats A movement supported by non-profit groups, libraries, and community fund-raising, is creating literary spaces by bringing children's books to places where children most often get bored - laundromats, salons, and barbershops. National programs that promote childhood literacy are among those contributing books. https://www.nytimes.com/2019/07/02/books/kids-books-barbershops-laundromats.html Theatrical Productions for Seniors Licensing company Music Theater International is partnering with community centers and nursing homes to tailor productions for older actors, the first of which is "Into the Woods Sr.". The initiative recognizes that there are both social and health benefits to performing, as a 2014 study found that seniors can experience an improvement to their physical and mental well-being from participating in productions. https://www.nytimes.com/2019/07/05/theater/into-the-woods-senior.html Mad Magazine is Leaving Newsstands After 67-Year Run After the next two issues, Mad Magazine will no longer include new materials, except in year-end specials. A creation of the 1950s, the publication hit a circulation peak of 2.8 million in 1973. Since then, however, it has steadily lost readers and relevance. The New York Times calls the baby boomer humor bible a "victim of its own success," as its "skeptical, smart-alecky sensibility" became dominant in American popular culture. https://www.nytimes.com/2019/07/05/business/media/mad-magazine-publication-demise.html Suspect Linked to Mackenzie Lueck Case Wrote a Novel With Two Burning Deaths Authorities investigating the murder of Utah student Mackenzie Lueck became aware of a book published under the suspect's name last year. The book included the burning deaths of two people. Police say charred remains were found in his backyard, where a neighbor recently observed him burning something with the use of gasoline. https://www.nytimes.com/2019/07/03/us/mackenzie-lueck-ayoola-ajayi-amazon.html Idris Elba Denies Plagiarism in Dispute with British Playwrights Two playwrights who worked with Elba to create the theatrical production "Tree" say they are not being acknowledged as members of the creative team despite the play, as described on a festival website, having similarities to their script. The playwrights wrote a script outline for "Tree" and signed a "deal memo" with Elba's production company, but both voluntarily stepped back from the project after they were told that it needed to go in a different direction. https://www.nytimes.com/2019/07/04/theater/tree-idris-elba-manchester-international-festival.html British Artists Call on National Portrait Gallery to Cut Ties with BP Leading British artists and activists say that arts organizations should not be accepting oil and gas money. More specifically, they are calling on the National Portrait Gallery in London to cut ties with BP, whose role in furthering climate crisis they say makes it unacceptable to accept new sponsorship from the company. The Royal Shakespeare Company and the Royal Opera House have also come under criticism lately for their ties to BP. https://www.nytimes.com/2019/07/05/arts/bp-sponsorship-national-portrait-gallery.html Germany City Rejects Claim for Mondrian Paintings by Artist's Heirs Dutch abstract artist Piet Mondrian's heirs say that four of his works had been lent, not given, to the museum in the German city of Krefeld. Mondrian's heirs say that the artist lent several works to the museum 90 years ago for an exhibition that never took place and left them behind when he fled Europe during World War II. While neither side has definitive proof, the museum's position is that the works could have been acquired by one of the museum's benefactors and then given to the city. https://www.nytimes.com/2019/07/02/arts/design/german-city-rejects-claim-for-mondrian-paintings-by-artists-heirs.html Tutankhamen Head Sells for $6 Million, Despite Protests from Egypt Egypt's government says that the stone head of pharaoh Tutankhamen was looted and should be returned to the country, while Christie's auction house maintains that the sale was legal. A former Egyptian minister of antiquities believes the sculpture was taken from the temple of Karnak and illegally exported in 1970, the year when Unesco instituted an international convention to prohibit and prevent the illicit trade in cultural property. The provenance published by Christie's states that the stone head was acquired in 1973 or 1974 by the director of a Vienna gallery from the collection of a German prince who acquired it by the 1960s. https://www.nytimes.com/2019/07/05/arts/design/tutankhamen-christies-sale-egypt.html Sports Rays and Giants Sign Supreme Court Brief Supporting LGBTQ Rights The Rays joined more than 200 major American corporations signing on to an amicus brief filed with the Supreme Court that calls for the court to rule that current federal civil rights law bans job discrimination on the basis of sexual orientation and gender identity. https://www.nytimes.com/aponline/2019/07/02/us/ap-us-lgbtq-rights-corporations.html Nike Pulls Patriotic Sneaker After Kaepernick Raises Concerns The heel of the shoe featured a U.S. flag with 13 white stars in a circle, a design created during the American Revolution and commonly referred to as the Betsy Ross flag. Sources say that Nike pulled the shoe after Kaepernick reached out to company officials and identified the flag as an offensive symbol because of its connection to an era of slavery. https://sports.yahoo.com/nike-recalls-shoe-after-colin-kaepernick-raises-racial-concerns-044445358.html https://www.nytimes.com/2019/07/02/business/betsy-ross-shoe-kaepernick-nike.html Former U.S. Olympics Chief Executive Received $2.4 Million Severance Amid Scandal Scott Blackmun resigned under pressure and was heavily criticized for failing to protect gymnasts from sexual abuse in the Larry Nassar case. The severance payment of $2.4 million was revealed in a financial report made public this week, and defended by the chairman of the board of directors, who cited Blackmun's serious health challenges and the fact that the separation agreement was provided for in his contract. https://www.nytimes.com/2019/07/03/sports/olympics-scott-blackmun.html Former Rio Governor Describes Bribery in Bid for 2016 Olympics A former governor of Rio de Janeiro state, already jailed for fraud and corruption, told a judge that he paid about $2 million for the votes of International Olympic Committee members to award Brazil the 2016 summer games. He implicates countless others, including the former head of the Brazil Olympic Committee, and the former head of the International Association of Athletics Federations. https://www.nytimes.com/2019/07/05/sports/2016-olympics-rio-bribery.html Israel Folau and Rugby Australia Fail to Reach Agreement in a Case That Has Sparked National Debate Over Religious Freedoms Israel Folau is taking his unfair dismissal case to Federal Court after failing to reach an agreement with Rugby Australia. The evangelical Christian rugby star was removed from the national team for breaching his employment contract by posting homophobic messages online. He argues that he was unfairly dismissed on religious grounds, is seeking $10 million in damages, and wants his contract reinstated. https://www.nytimes.com/reuters/2019/06/28/sports/28reuters-rugby-union-australia-folau.html https://www.nytimes.com/2019/07/01/world/australia/israel-folau-rugby-homophobic.html Media Germany Fines Facebook $2.25 Million Under Hate Speech Law German authorities imposed the fine under a law designed to combat hate speech after finding that Facebook had "failed to meet transparency requirements for its handling of hate speech complaints." More specifically, Facebook's report for the first half of 2018 did not reflect the actual number of complaints about suspected illegal content, which includes insults and material designed to incite hatred against persons based on their religion or ethnicity. https://www.nytimes.com/aponline/2019/07/02/world/europe/ap-eu-germany-facebook.html Government-Mandated Internet Blackout Plunges Myanmar into Darkness There have already been instances of internet or social media shutdowns in Sri Lanka, Indonesia, and Sudan, a measure that is increasingly being used to silence and isolate local populations. Myanmar has now shot down the internet in conflict areas, prompting a UN expert to warn of potential human rights abuses during the suspension. https://www.nytimes.com/2019/07/02/world/asia/internet-shutdown-myanmar-rakhine.html The Internet's Darkest Concerns Resist New Zealand's Efforts to Fight Online Hate The level of disturbing online activity in New Zealand following the mosque shootings underlines the immensity of efforts on the part of both companies and governments to try to restrict the spread of hateful ideology. https://www.nytimes.com/2019/07/05/world/asia/new-zealand-internet.html General News Court's Ruling on Gerrymandering Heats Up Bid for Control of Election Maps at the State Level The Supreme Court's gerrymandering ruling has raised the stakes for state legislative races. The party that wins control of the state legislature will gain the power to draw once-a-decade maps setting district boundaries for state and congressional elections after a new census count. In states where Republicans are firmly in control of the legislature and seem unlikely to lose it, Democrats are pushing to remove mapping power from the politicians in favor of nonpartisan redistricting committees. https://www.nytimes.com/2019/07/05/us/gerrymandering-state-legislatures-elections.html Armed Forces-Themed Ceremony Marks July 4th in Washington President Trump used the Lincoln Memorial as the backdrop for his tribute to the country's five branches of the military, avoiding giving an overly political speech. Trump later blamed a teleprompter outage for his sometimes puzzling, historically non-linear speech that was marked by anachronistic references to airports in the context of the Revolutionary War. Critics said the celebrations turned the day into a Trump-branded rally for America, with the president using the troops and military gear as political props. https://www.nytimes.com/2019/07/03/us/politics/trump-military-tanks.html https://www.nytimes.com/2019/07/04/us/politics/trump-4th-july.html https://www.nytimes.com/2019/07/05/us/politics/trump-airports-revolutionary-war.html Trump Administration Drops Efforts to Put Citizenship Question Back into Census In a series of mixed messages this week, the Trump administration initially abandoned its quest to add a citizenship question to the 2020 census, but the Justice Department then reversed course and said it was looking for a way to restore the question, on orders from the president. Officials now believe there could be a "legally available path" to restore the question. https://www.nytimes.com/2019/07/03/us/politics/census-citizenship-question.html https://www.nytimes.com/2019/07/02/us/trump-census-citizenship-question.html House Democrats File Lawsuit to Obtain Trump Tax Returns The House Ways and Means Committee filed a lawsuit against the U.S. Treasury and the IRS for access to the president's tax returns. The Committee had previously requested and then subpoenaed the returns. The dispute now moves into the federal courts as the House argues that the administration's defiance of its request amounts to an "attack on the authority of Congress to obtain information needed to conduct oversight of Treasury, the IRS and tax laws" and asks a judge to order the defendants to comply. https://www.nytimes.com/2019/07/02/us/politics/trump-taxes-lawsuit.html Inspector General Reports Squalid Conditions at Border Detention Centers Inspectors from the Department of Homeland Security visited five facilities in the Rio Grande Valley of Texas in June, reporting severe overcrowding, standing-room-only cells, and children without showers and hot meals. The report corroborated some of the Democratic lawmakers' own findings after visiting migrant holding centers this week, where migrants spoke of limited or no access to showers, medications, and sometimes, drinking water. These disturbing accounts were exacerbated by reports of a secret Facebook group where current and former Border Patrol agents joked about migrant deaths and threats to members of Congress. https://www.nytimes.com/2019/07/02/us/politics/border-center-migrant-detention.html https://www.nytimes.com/2019/07/01/us/politics/texas-migrant-centers.html Inside the Migrant Detention Center in Clint, Texas A group of reporters profile the border station in the desert outside of El Paso after lawyers reported seeing filthy, overcrowded conditions for migrant children. https://www.nytimes.com/interactive/2019/07/06/us/migrants-border-patrol-clint.html President Trump Says Migrants Are "Living Far Better" in Border Facilities than in Home Countries In a series of tweets this week, President Trump said that the migrants are living in far safer conditions than where they came from, despite government reporting of difficult conditions at border facilities and overcrowding that poses an immediate risk to both agents and migrants. https://www.nytimes.com/2019/07/03/us/politics/trump-border-patrol.html Migrants Who Have Been Ordered Deported and Stay Now Facing Fines from Immigration and Customs Enforcement Immigration and Customs Enforcement (ICE) is now issuing fines of hundreds of thousands of dollars to unauthorized immigrants who refuse to comply with deportation orders. One woman was sent a fine of nearly half a million dollars. ICE officials said that the agency has the right to impose civil fines of up to $799 day on those who are undocumented and who have been ordered removed or have failed to leave the country. https://www.nytimes.com/2019/07/04/us/migrants-deportation-fines.html Federal Judge Blocks Attorney General Barr's Attempt to Deny Bail to Asylum Seekers A federal judge in Seattle ruled that the order, which would have denied migrants a bail hearing and kept them detained indefinitely, was unconstitutional. Judge Pechman said that the plaintiffs had established a constitutionally protected interest in their liberty, a right to due process, and that they must be..
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The Entertainment, Arts and Sports Law B.. by Elissa D. Hecker, Easl Blog Coordin.. - 1w ago
The following case selection first appeared in this week's Center for Art Law newsletter: Silver v. Gagosian Gallery, Inc., No. 652090/2018 (N.Y. Sup. Ct. filed Apr. 12, 2019). In April 2018, Hollywood Producer Joel Silver sued Gagosian, alleging that the gallery failed to deliver a Jeff Koons sculpture, Balloon Venus Hohlen Fels, which Silver purchased for $8 million in 2014 (https://news.artnet.com/art-world/gagosian-sued-over-koons-sculpture-1276028?utm_source=Center%20for%20Art%20Law%20General%20List&utm_campaign=706f521ea9-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-706f521ea9-346773625&mc_cid=706f521ea9&mc_eid=8a2eda70d8). He sought the return of the $3.2 million he had paid to date, plus interest and fees. In June, the producer dropped his lawsuit after it was revealed that billionaire art collector Ron Perelman - who had previously sued the gallery in 2014 over artwork transactions valued at $45 million - was secretly paying Silver's legal fees (https://news.artnet.com/art-world/joel-silver-drops-gagosian-jeff-koons-lawsuit-1566214?utm_content=from_artnetnews&utm_source=Center%20for%20Art%20Law%20General%20List&utm_medium=email&utm_campaign=706f521ea9-RSS_EMAIL_CAMPAIGN&utm_term=0_022731d685-706f521ea9-346773625&mc_cid=706f521ea9&mc_eid=8a2eda70d8). Gagosian and Silver reportedly reached a settlement in which Silver agreed to move forward with the purchase. Ciccone v. Gotta Have It! Collectibles, Inc., 2019 Slip Op. 04333 (N.Y. App. Div. June 4, 2019). Last year, Madonna filed for an injunction to prevent Gotta Have It! Collectibles from holding a sale of her personal belongings, which were consigned to the auction house by Madonna's ex-art advisor, Darlene Lutz. While a temporary injunction was granted in July 2017 (https://news.artnet.com/art-world/judge-halts-planned-madonna-auction-1027277?utm_source=Center%20for%20Art%20Law%20General%20List&utm_campaign=706f521ea9-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-706f521ea9-346773625&mc_cid=706f521ea9&mc_eid=8a2eda70d8), the Manhattan Supreme Court reversed in April 2018 (https://news.artnet.com/art-world/madonna-personal-items-auction-1272692?utm_source=Center+for+Art+Law+General+List&utm_campaign=706f521ea9-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-706f521ea9-346773625&mc_cid=706f521ea9&mc_eid=8a2eda70d8), lifting the injunction and dismissing the case after finding that Madonna's claims were time-barred due to the passing of the three-year statute of limitations. On June 4th (https://news.artnet.com/art-world/madonna-loses-appeal-art-advisor-1565125?utm_content=from_artnetnews&utm_source=Center%20for%20Art%20Law%20General%20List&utm_medium=email&utm_campaign=706f521ea9-RSS_EMAIL_CAMPAIGN&utm_term=0_022731d685-706f521ea9-346773625&mc_cid=706f521ea9&mc_eid=8a2eda70d8), the Appellate Division affirmed the decision (http://nycourts.gov/reporter/3dseries/2019/2019_04333.htm?utm_source=Center+for+Art+Law+General+List&utm_campaign=706f521ea9-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-706f521ea9-346773625&mc_cid=706f521ea9&mc_eid=8a2eda70d8). The sale of the contested items is scheduled to begin on July 17, 2019. Shope v. Frida Kahlo Corporation, No. 1:19-cv-01614 (D. Colo. filed June 5, 2019). On May 27th, a third controversy arose surrounding the Frida Kahlo Corporation's (FKC) assertion of its trademark rights to the artist's name and likeness. FKC submitted a "notice of intellectual property infringement" to online arts and crafts retailer Etsy, against the work of folk artist Nina Shope, who creates dolls using the likeness and name of Kahlo. The artwork listings reported by FKC were removed by Etsy, though many more of Shope's Frida Kahlo dolls remain available for purchase. In response, Shope filed suit in the District of Colorado against FKC on June 5th seeking a declaratory injunction of non-infringement (https://artlawandmore.com/2019/06/10/artist-takes-on-frida-kahlo-corporation-in-copyright-spat/?utm_source=Center+for+Art+Law+General+List&utm_campaign=706f521ea9-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-706f521ea9-346773625&mc_cid=706f521ea9&mc_eid=8a2eda70d8). Shope maintains that use of Kahlo's name and likeness for creation of dolls is not an infringing use. Lam v. Mamacha LLC et al, Index No. 653320/2019 (N.Y. Sup. Ct. filed June 6, 2019). On June 6th, Dallas-based artist Dan Lam sued New York gallery The Hole and Mamacha Cafe for allegedly failing to pay the artist for her artworks following a 2018 exhibition. Lam claims that she has been paid only $6,000 out of a total of nearly $36,000 owed for 21 artworks. Eight of the artworks were sold, while the others were lost or damaged. The Hole claims that Mamacha is the only party in a fiscal relationship with Lam, but Lam maintains that her works were consigned with both parties and thus both are properly named as defendants in the suit (https://news.artnet.com/art-world/artist-sues-the-hole-mamacha-1567618?utm_content=from_artnetnews&utm_source=Center%20for%20Art%20Law%20General%20List&utm_medium=email&utm_campaign=706f521ea9-RSS_EMAIL_CAMPAIGN&utm_term=0_022731d685-706f521ea9-346773625&mc_cid=706f521ea9&mc_eid=8a2eda70d8). Lehmann Maupin LLC v. Yoo, 1:18-cv-11126-AJN (S.D.N.Y. June 10, 2019). Last fall, Lehmann Maupin Gallery filed suit against former employee Bona Yoo for the latter's allegedly stealing trade secrets (https://news.artnet.com/art-world/lehmann-maupin-accuses-former-employee-of-data-theft-in-lawsuit-1443886?utm_source=Center%20for%20Art%20Law%20General%20List&utm_campaign=706f521ea9-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-706f521ea9-346773625&mc_cid=706f521ea9&mc_eid=8a2eda70d8). The gallery accused Yoo of taking confidential client information when she left to become a Sales Director at Lévy Gorvy. In response, Yoo countersued on the basis that the gallery's suit was filed out of spite and it did not have exclusive rights to the data. On June 10, 2019, the District Court for the Southern District of New York dismissed the case with prejudice (http://www.artnews.com/2019/06/12/lehmann-maupin-bona-yoo-lawsuit-dismissed/?mc_cid=706f521ea9&mc_eid=8a2eda70d8). No comment has been made as to whether the parties reached an out-of-court settlement. Philipp v. Fed. Republic of Germany, 2019 U.S. App. LEXIS 18188 (D.C. Cir. filed June 18, 2019). Last year, the Court of Appeals for the D.C. Circuit ruled that the heirs of the art dealers who sold the Guelph Treasure may pursue their claims against the Federal Republic of Germany and the Stiftung Preussischer Kulturbesitz in U.S. Federal Court (https://law.justia.com/cases/federal/appellate-courts/cadc/17-7064/17-7064-2018-07-10.html?utm_source=Center+for+Art+Law+General+List&utm_campaign=706f521ea9-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-706f521ea9-346773625). On June 18th, the court denied the defendants' petition for rehearing en banc (https://law.justia.com/cases/federal/appellate-courts/cadc/17-7064/17-7064-2019-06-18.html?utm_source=Center+for+Art+Law+General+List&utm_campaign=706f521ea9-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-706f521ea9-346773625). The claims against Germany and the SPK were filed under the Foreign Sovereign Immunities Act, on the basis that the forced sales were in violation of international law. This decision confirms last year's ruling that claimants do not have to exhaust all remedies abroad before pursuing their claims against sovereign defendants in U.S. courts (https://blog.sullivanlaw.com/artlawreport/guelph-treasure-claims-to-go-forward?utm_campaign=Art&utm_content=94435043&utm_medium=social&utm_source=linkedin&hss_channel=lis-cbH6xaIu5y&utm_source=Center+for+Art+Law+General+List&utm_campaign=706f521ea9-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-706f521ea9-346773625&mc_cid=706f521ea9&mc_eid=8a2eda70d8). Moi v. Chihuly Studio, Inc., 2019 U.S. Dist. LEXIS 103576 (W.D. Wash. June 20, 2019). In May 2017, Michael Moi brought suit against Dale Chihuly, claiming that Moi co-authored certain artworks and was thus owed over $20 million dollars from the sales. On June 20th, Chihuly's motion for summary judgment was granted, thereby dismissing all claims brought by Moi (https://news.artnet.com/art-world/dale-chihuly-lawsuit-dismissed-1582921?utm_source=Center%20for%20Art%20Law%20General%20List&utm_campaign=706f521ea9-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-706f521ea9-346773625&mc_cid=706f521ea9&mc_eid=8a2eda70d8). The District Court for the Western District of Washington held that Moi could not prove joint authorship, independent copyrightable interest, nor did he have a claim under promissory estoppel, and, finally, Moi's claims were time barred by the three-year statute of limitations for copyright claims. Accent Delight Int'l Ltd. v. Sotheby's, 2019 U.S. Dist. LEXIS 105864 (S.D.N.Y. June 25, 2019). In October 2018, Russian billionaire and art collector Dmitry Rybolovlev brought suit against Sotheby's, alleging that the auction house materially assisted art advisor Yves Bouvier in defrauding Rybolovlev of approximately $1 billion by overcharging the collector on 38 works of art (https://www.theartnewspaper.com/news/russian-billionaire-rybolovlev-sues-sotheby-s-for-usd380m-in-fraud-damages?utm_source=Center+for+Art+Law+General+List&utm_campaign=706f521ea9-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-706f521ea9-346773625&mc_cid=706f521ea9&mc_eid=8a2eda70d8). Sotheby's was involved in the sales of 14 of the artworks in question, for which Rybolovlev seeks $380 million in damages. Sotheby's filed a motion to dismiss the New York lawsuit and to keep certain records sealed. On June 25th, the district court for the Southern District of New York largely denied the motion to dismiss and denied in part and granted in part the motion to seal, meaning that this suit can proceed despite the fact that the parties also have ongoing litigations internationally (https://www.theartnewspaper.com/news/sotheby-s-denied-dismissal-of-rybolovlev-s-usd380m-lawsuit-by-new-york-judge?utm_source=The+Art+Newspaper+Newsletters&utm_campaign=943935b930-EMAIL_CAMPAIGN_2019_06_26_02_56&utm_medium=email&utm_term=0_c459f924d0-943935b930-61254873&utm_source=Center+for+Art+Law+General+List&utm_campaign=706f521ea9-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-706f521ea9-346773625&mc_cid=706f521ea9&mc_eid=8a2eda70d8). Zuckerman v. Metropolitan Museum of Art, 2019 U.S. App. LEXIS 19057 (2d Cir. June 26, 2019). The Metropolitan Museum of Art (the Met) has prevailed against the heirs of German Jewish businessman Paul Leffman in its claim to the painting The Actor by Pablo Picasso. Leffman sold the painting in 1938 for $12,000, in order to fund the family's escape from fascist Italy to Switzerland after they had fled Nazi Germany the prior year. The painting was donated to the Met in 1952, but the family did not bring a claim to the painting until 2010. Previously, the District Court for the Southern District of New York ruled that the family failed to demonstrate that the painting was sold under duress (https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2016cv07665/463416/36/?utm_source=Center+for+Art+Law+General+List&utm_campaign=706f521ea9-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-706f521ea9-346773625). On appeal, the Second Circuit again dismissed the case, this time on the basis that the plaintiff's claim was time barred under the equitable defense of laches (https://www.timesofisrael.com/picasso-painting-sold-by-family-escaping-the-nazis-can-remain-at-the-met/?utm_source=Center+for+Art+Law+General+List&utm_campaign=706f521ea9-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-706f521ea9-346773625&mc_cid=706f521ea9&mc_eid=8a2eda70d8). The Andy Warhol Foundation For The Visual Arts, Inc. v. Goldsmith et al, No.1:17-cv-02532 (S.D.N.Y. July 1, 2019). The District Court for the Southern District of Manhattan ruled on July 1st that Andy Warhol's use of Lynn Goldsmith's 1981 photograph of iconic pop singer Prince was fair use, based on a finding that Warhol's series was "transformative." The Andy Warhol Foundation's motion for declaratory judgment was granted and Goldsmith's countersuit was denied, concluding the litigation that began in 2017. The case is being appealed. Read our Case Review (https://itsartlaw.org/2018/12/05/case-review-warhol-v-goldsmith/?utm_source=Center+for+Art+Law+General+List&utm_campaign=706f521ea9-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-706f521ea9-346773625&mc_cid=706f521ea9&mc_eid=8a2eda70d8https://itsartlaw.org/2018/12/05/case-review-warhol-v-goldsmith/?utm_source=Center+for+Art+Law+General+List&utm_campaign=706f521ea9-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-706f521ea9-346773625&mc_cid=706f521ea9&mc_eid=8a2eda70d8). Morgan Art Found. Ltd. v. McKenzie, No. 1:18-cv-04438-AT (S.D.N.Y. July 1, 2019). Heated legal action has surrounded the estate of Robert Indiana since the day before his death last May. As we reported, the suit was initiated by the Morgan Art Foundation, Indiana's agent for the past 20 years, against American Image Art, its founder Michael McKenzie, and Indiana's employee Jamie Thomas, alleging copyright and trademark infringement among other claims (https://us2.campaign-archive.com/?e=88512bac9d&u=78692bfa901c588ea1fe5e801&id=1828a75f39&utm_source=Center+for+Art+Law+General+List&utm_campaign=706f521ea9-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-706f521ea9-346773625&mc_cid=706f521ea9&mc_eid=8a2eda70d8). American Image Art and McKenzie filed counterclaims, alleging that the Morgan failed to fully pay Indiana royalties and that it fabricated unauthorized reproductions of his famous sculptures. On July 1, 2019 the District Court for the Southern District of New York largely dismissed the counterclaims against the Morgan. Then, on July 2nd, attorneys for American Image Art and McKenzie filed to withdraw as counsel (https://www.theartnewspaper.com/news/robert-indiana-latest?fbclid=IwAR1fUZQHl_EtgBTi7bRd1nqIOMnaZJ8e7uob1Gfp34RvWJa5cT3ECEqVaKk&utm_source=Center+for+Art+Law+General+List&utm_campaign=706f521ea9-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-706f521ea9-346773625&mc_cid=706f521ea9&mc_eid=8a2eda70d8). The Center for Art Law strives to create a coherent community for all those interested in law and the arts. Positioned as a centralized resource for art and cultural heritage law, it serves as a portal to connect artists and students, academics and legal practitioners, collectors and dealers, government officials and others in the field. In addition to the weekly newsletter (http://cardozo.us2.list-manage.com/subscribe?u=78692bfa901c588ea1fe5e801&id=022731d685), the Center for Art Law subscribers receive updates about art and law-related topics through its popular art law blog (http://itsartlaw.com/blog/)and calendar of events (http://itsartlaw.com/events/). The Center for Art Law welcomes inquiries and announcements from firms, universities and student organizations about recent publications, pending cases, upcoming events, current research and job and externship opportunities. To contact the Center for Art Law, visit our website at: www.itsartlaw.com or write to itsartlaw@gmail.com.
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The Entertainment, Arts and Sports Law B.. by Elissa D. Hecker, Easl Blog Coordin.. - 2w ago
By Eric Lanter Edited by Elissa D. Hecker Below, for your browsing convenience, the categories are divided into: Entertainment, Arts, Sports, and Media: Entertainment Supreme Court Strikes Down Law Barring Vulgar Trademarks On Monday, the Supreme Court struck down a federal law that barred the registration of "immoral" or "scandalous" trademarks on the basis that the law violated the First Amendment. The case involved the trademark of a brand name "FUCT", which was argued by the government's attorneys to be the "equivalent of the past participle form of the paradigmatic profane word in our culture," but Justice Elena Kagan, writing for the majority, found that the law was unconstitutional because it "disfavors certain ideas." https://www.nytimes.com/2019/06/24/us/politics/supreme-court-vulgar-trademarks-foia.html Supreme Court Set to Rule Whether Congress Appropriately Abrogated State Sovereignty Immunity for Copyright Claims On June 3rd, the Supreme Court heard arguments in Allen v. Cooper, which asks whether Congress appropriately acted when it relied "upon its powers under Article I of the U.S. Constitution to abrogate state sovereign immunity against federal copyright claims by passing the Copyright Remedy Clarification Act." The action emanates from the State of North Carolina using video footage that Allen had recorded, prompting him to bring an infringement action against the state's governor, cultural resources department, and six officials. The defendants brought a motion to dismiss based on sovereign immunity, which the district court denied finding that the Eleventh Amendment sovereign immunity was validly abrogated by Congress through its enacting of the Copyright Remedy Clarification Act. https://www.ipwatchdog.com/2019/06/18/supreme-court-congress-properly-abrogated-state-sovereign-immunity-copyright-claims-allen-v-cooper/id=110465/ Opinion: No One Owns the Law, and No One Should Be Able to Copyright It Before the Supreme Court will soon come a case that will be the first in over 100 hundred years to make it to the high Court on the issue of whether a state may assert a copyright claim over its laws. The case involves a nonprofit organization, Public.Resource.Org, which uploaded all 186 volumes of the annotated code to its website, prompting Georgia to sue to have it removed. The website has faced lawsuits over its publication of "fire and electrical safety standards, air duct leakage standards, nonprofit tax returns, and European Union baby pacifier regulations," and many have viewed the website as not only "an act of roguery" but an important demonstration of the "principle of self-governance." https://www.nytimes.com/2019/06/25/opinion/copyright-law.html William Morris Endeavor Hits Back in Fight With Hollywood Writers The legal fight between 7,000 television and movie writers and their talent agents at William Morris Endeavor has escalated after Endeavor filed an action in federal court in California arguing that the unions representing the writers had engaged "in an unprecedented abuse of union authority" that brought the writers to commit an act of "unlawful group boycott" when they cut off their representatives at the talent agency. Last week, the two sides had been negotiating a resolution to the dispute, but when the writers rejected a proposal from Endeavor, the filing of the action became inevitable. https://www.nytimes.com/2019/06/24/business/media/william-morris-endeavor-hollywood-writers.html Arts Target Pulls New Thread in Bikini Yarn The big-box retailer Target has found itself ensnarled in a dispute involving a bikini with a long history of litigation. The bikini was originally designed over 20 years ago and was sold for about $2.50, but the creator of it now charges $75 for a handmade original, and other companies have begun to sell similar bikinis, which has raised questions about whether any one person can own a design. A case involving the bikini has not brought in companies such as Victoria's Secret and Neiman Marcus and has become even more complicated as the original designer of the bikini obtained a copyright earlier this year. https://www.nytimes.com/2019/06/26/style/kiini-crocheted-bikini-lawsuit-target.html San Francisco to Cover Controversial George Washington Murals The San Francisco Board of Education approved covering a series of murals about George Washington High School, including those depicting dead Native Americans and slaves working. While the 13 Works Progess Administration murals from the 1930s have been debated for over 50 years, the board's decision came after the debate intensified in the past several years. Some have favored keeping the murals by Victor Arnautoff, a "social realist and Communist who was critical of the country's first president," but those in favor of covering the murals won out given the offensiveness of the murals. https://www.nytimes.com/2019/06/28/us/san-francisco-murals.html What Happens After Amazon's Domination is Complete? Its Bookstore Offers Clues With Amazon taking over half of the book market in the United States, it has permitted itself to be a third-party seller of publishers that have put into the marketplace low quality counterfeits and reproductions. One egregious example is the sale of a medical handbook that recommends dosage amounts for treating ailments related to bacterial pneumonia as a poorly printed counterfeit made unclear whether there was a "1" or "7" in the dosage amount; a discrepancy that could endanger the lives of patients. Given that Amazon has taken a "hands off" approach to the business, it is not expected that the company will remove the counterfeits or attempt to mitigate the damage that the counterfeits may do to purchasers. https://www.nytimes.com/2019/06/23/technology/amazon-domination-bookstore-books.html Two Big Book and Magazine Printers Face Suit to Block Their Merger LSC Communications and Quad/Graphics are two of the largest companies in the printing and distribution business and have sought to merge in the coming months, but the Justice Department filed an action in federal court in Chicago asking to stop the merger from proceeding, as it "would decrease competition and drive up prices." The Authors Guild and PEN America allied with the Justice Department and noted that the "lack of competition among book printers has already caused a bottleneck and increased publishing costs" and the merger "could exacerbate this situation by creating a monopoly." https://www.nytimes.com/2019/06/24/business/media/magazine-book-printers-lawsuit.html IMDb Lists Transgender Stars' Birth Names; Hollywood Coalition Protests The website IMDb has come under fire from Hollywood workers and gay rights advocates for publishing the birth names of transgender performers without those performers' consents (in a practice that is called "deadnaming") which those advocates say "perpetuates discrimination," invades privacy, and even places individuals at risk of violence. Earlier this year, it was reported that after months of effort, other individuals had been unable to remove the transgender people's birth names from the site. https://www.nytimes.com/2019/06/26/movies/imdb-transgender-names.html Patriotic Movie Apparently Falls Afoul of China's Censors While it is common for China's censors to take out parts of foreign films, such as those in "Bohemian Rhapsody" that depict Freddie Mercury's homosexuality, it is less common for a Chinese film to be censored. A new movie, "The Eight Hundred", has had its opening canceled according to a statement on the film's official social media account. While no reason was given, it coincides with a broader crackdown by China's leader, Xi Jinping, on cultural works that do not resonate with the government's cultural spirit. https://www.nytimes.com/2019/06/26/world/asia/china-film-censor.html Sports Italy Is Chosen to Host 2026 Winter Olympics The city of Milan and the ski resort of Cortina d'Ampezzo have been announced as the hosts of the 2026 Winter Olympics. The International Olympic Committee chose the duo as opposed to the other option, Stockholm, Sweden and the ski resort of Are, Sweden, in an effort to "curb waning interest, spiraling costs, and white-elephant competition venues associated with the Games." Although some critics of the Winter Olympics have viewed it as an event that has wasted resources to build facilities that will not be used beyond the Games, some have suggested (such as Rome's Mayor Virginia Raggi) that local sports facilities be renovated to accommodate them. https://www.nytimes.com/2019/06/24/sports/olympics/italy-2026-winter-olympics.html U.S. Gives Advanced Class in Cool in Advancing in World Cup In its performance on Friday, the United States women's soccer team showed a calmness in bringing down the host, France. The confidence has been oozing for weeks and has been evident not only in the actions of the team but also the words, including those of Ali Krieger, who said after the team's 3-0 victory over Chile that the country could field not only the best team in the world but also the second best team. In the semi-final, the Americans will face England. All of this while being involved in a lawsuit for equal pay. https://www.nytimes.com/2019/06/28/sports/usa-rapinoe-france.html U.S. Soccer, Amid Outcry, Announces New System for Employee Complaints U.S. Soccer has announced that it is creating an anonymous, third-party reporting system that will handle complaints from employees. This move comes after more than a dozen employees complained about the environment of the Chicago headquarters being "toxic". The head of the organization, Carlos Cordeiro, notified employees that the changes were being implemented and that more details would be revealed as to the mechanics of the system in the coming weeks. https://www.nytimes.com/2019/06/26/sports/us-soccer-employee-complaints.html The Knicks Receive $50,000 Fine for Barring The Daily News After the New York Knicks did not permit a New York Daily News reporter to attend a news conference, the National Basketball Association (NBA) fined the Knicks $50,000 for violating its rules about "equal access for the news media." The NBA reported that the Knicks pledged to abide by the rules going forward, but the feud between the Knicks and the newspaper has existed for years as the coverage from The Daily News has been known to be "gratuitously negative." The Daily News has simply asserted that its coverage is reflective of the team's poor record. https://www.nytimes.com/2019/06/24/sports/knicks-daily-news-feud.html Why So Many Horses Have Died at Santa Anita The past six months at Santa Anita have been dramatic: 30 horses have had to be euthanized after suffering fractures, and there has been clear evidence that on race day, at least one horse was receiving a performance-enhancing drug. Despite the fact that advances in veterinary care should mean a lower rate of horses dying, many have blamed the Canada-based Stronach Group, which has owned the track for over 20 years, for the deaths as they have put in place policies that maximize profits rather than value the horses' lives. https://www.nytimes.com/2019/06/26/sports/santa-anita-horse-deaths.html Girl Hit by Foul Ball in Houston Had Serious Head Injuries A foul ball on May 29th struck a 2-year-old girl in the crowd in Houston, and the lawyer for the girl's family has announced that she "sustained a skull fracture, bleeding on the brain and seizures." Players and safety advocates, following the incident, had urged Major League Baseball (MLB) to do more to protect fans, particularly as pitchers continue to up their pitch speeds and batters continue to hit the ball harder every year. Previously, the MLB had deferred to individual teams to develop their own safety plans, and it is unclear whether this latest incident will change its policy. https://www.nytimes.com/2019/06/27/sports/foul-ball-houston-girl-hit.html Move Over Nevada: New Jersey Is Sports Betting Capital of the Country In May, bettors wagered more in New Jersey than any state in the country, including Nevada. It saw $318.9 million in bets, while Nevada took in $317.4 million. This is the culmination of steps that former Governor Chris Christie took to legalize sports betting, which was approved in the Supreme Court's approval of the practice. https://www.nytimes.com/2019/06/29/nyregion/nj-sports-betting.html Media Facebook to Help French Police Identify Hate Speech Suspects The social media giant Facebook has announced that it will help French police to identify hate speech suspects by providing authorities with the IP addresses of those who publish hateful content. Facebook released a statement vowing to "push back if (the request) is overbroad, inconsistent with human rights, or legally defective." https://www.nytimes.com/aponline/2019/06/26/world/europe/ap-eu-france-facebook.html Twitter to Label Abusive Tweets From Political Leaders Twitter announced that it would be hiding tweets from "major political figures who break the company's rules for harassment or abuse behind a warning label." The labels are intended to warn users as to which tweets break the rules against harassment without entirely barring the messages. This step illustrates the difficulty that tech companies have had in balancing free speech with their own ideas and policies as to what content to permit. https://www.nytimes.com/2019/06/27/technology/twitter-politicans-labels-abuse.html General News Supreme Court Limits Agency Power, a Goal of the Right On Wednesday, the Supreme Court handed down a ruling that has the effect of cutting back the power of administrative agencies; a goal for which the conservative legal movement has long been calling. However, Chief Justice John Roberts joined the Court's four-member liberal wing in maintaining two key precedents that preserve the deference that judges must give agency officials (which came from Bowles v. Seminole Rock & Sand Co. in 1945 and Auer v. Robbins in 1997). The Court was unanimous in its decision to send the case back down to the lower court to be heard again. https://www.nytimes.com/2019/06/26/us/politics/supreme-court-agency-power.html Supreme Court Bars Challenges to Partisan Gerrymandering On Thursday, the Supreme Court held that "federal courts are powerless to hear challenges to partisan gerrymandering" in a 5-4 vote that showed the conservative wing of the Court's power. Writing for the majority, Chief Justice John Roberts noted that the drafters of the Constitution knew that politics would play a part in drawing districts and judges cannot "second-guess lawmakers' judgments" as to drawing those districts. https://www.nytimes.com/2019/06/27/us/politics/supreme-court-gerrymandering.html Supreme Court to Resolve the Fate of the Dreamers The Supreme Court on Friday agreed to hear an appeal regarding the Deferred Action for Childhood Arrivals, or DACA. While Trump attempted to end the program, lawmakers have grappled with how to deal with the approximately 800,000 individuals who DACA protects as people who came into the country illegally as children. In multiple appeals courts, Trump's attempt at ending the program was struck down as unconstitutional despite the fact that presidents have broad powers to shape their policies. https://www.nytimes.com/2019/06/28/us/politics/supreme-court-daca-dreamers.html Bid to Revive Alabama Abortion Ban Fails The Supreme Court has turned down an appeal asking for review of the Alabama law that would have banned abortion "in the vast majority of second-trimester abortions." The law had been blocked in the lower courts, and it would have affected 99% of abortions performed in the state after 15 weeks. https://www.nytimes.com/2019/06/28/us/politics/alabama-abortion-bill-supreme-court Democrats Diverge on Issues in Debates Over two nights, 20 Democratic candidates debated various issues on the stage and reinforced a dynamic regularly observed in studies: "male candidates are free to interrupt, while female candidates face a double bind: stay silent and fail to be heard, or speak up and get judged as too aggressive." Several notable moments emerged during the debates, including Senator Kamala Harris calling former Vice President Joe Biden's comments about segregationist senators as "hurtful" and calling into question his votes regarding busing in decades past. https://www.nytimes.com/2019/06/26/us/politics/debate-recap.html https://www.nytimes.com/2019/06/27/us/politics/debate-interruptions.html Donald Trump Jr. Shares, Then Deletes, Tweet Questioning Kamala Harris' Race Donald Trump Jr. shared a tweet from Ali Alexander, a right-wing media personality, which stated: "Kamala Harris is implying she is descended from American Black Slaves. She's not. She comes from Jamaican Slave Owners. That's fine. She's not an American Black. Period." He posted the tweet and asked whether it was true, but by the end of the night, he had deleted the tweet. His spokesman announced to the media that "it had all been a misunderstanding" and that "Don's tweet was simply him asking if it was true that Kamala Harris was half-Indian because it's not something he had ever heard before and once he saw that folks were misconstruing the intent of his tweet, he quickly deleted it." https://www.nytimes.com/2019/06/28/us/politics/donald-trump-jr-kamala-harris.html Trump's Iran Reversal Raises Allies' Doubts Over Tactics and U.S. Power, and Iran Greets Sanctions With Mockery Following Iran's downing of an American drone and a dispute as to whether that drone was in fact in Iran's territory, Trump had vowed retaliatory action and apparently was prepared to launch missiles to take out several targets in Iran, only to call off the launch moments before it was to occur. Instead, he opted to use a more familiar weapon against the country: impose additional sanctions on Iran, which were greeted by Iran's leaders with mockery. Allies of the United States, particularly in Europe and the Middle East, questioned the tactics of the administration. https://www.nytimes.com/2019/06/23/world/europe/trump-iran-usa.html https://www.nytimes.com/2019/06/24/world/middleeast/iran-sanctions-response.html https://www.nytimes.com/reuters/2019/06/26/world/middleeast/26reuters-mideast-iran-usa-khameni.html Trump and Putin Share Joke About Election Meddling, Speaking New Furor In the first meeting between the two leaders since Special Counsel Robert Mueller released a report showing a "sweeping and systematic" operation to sway the results of the 2016 presidential election, President Trump laughed with Russian President Vladimir Putin about the interference and instead "warmly shook hands, smiled, and chatted amiably." A reporter asked whether Trump would tell Russia not to meddle in the elections, and both men smiled as Trump turned to Putin and told him, "Don't meddle in the election, President. Don't meddle in the election," as he playfully pointed at Putin and another official. This took place after Trump previously responded to a similar media question with, basically, "it's none of your business." https://www.nytimes.com/2019/06/28/us/politics/trump-putin-election.html Trump Shrugs Off Khashoggi Killing by Ally Saudi Arabia as UN Expert Calls for International Investigation Instead of critiquing the Saudi leader, Crown Prince Mohammed bin Salman, for his role in the killing of the Washington Post journalist Jamal Khashoggi, President Trump noted that he has done a "really spectacular job" and congratulated him. Trump ignored questions from reporters as to the role of the crown prince in the death of Khashoggi and made no mention of "the Saudi government's crackdown on dissent, including the prosecution of women's activists and the recent arrest of intellectuals and journalists." Meanwhile, the United Nations expert on extrajudicial killings has called for an international investigation into the killing of Khashoggi and excoriated the United Nations and Saudi Arabia for the handling of the case. https://www.nytimes.com/2019/06/23/us/politics/trump-khashoggi-killing-saudi-arabia.html https://www.nytimes.com/2019/06/26/world/europe/khashoggi-investigation-un.html https://www.nytimes.com/2019/06/28/world/middleeast/breakfast-bin-salman-trump-osaka.html Trump Names Stephanie Grisham, Aide to First Lady, as Press Secretary Melania Trump's communications director, Stephanie Grisham, has been selected to replace Sarah Huckabee Sanders as the White House press secretary. She will also work as the communications director, and with her elevation to press secretary comes confirmation that President Trump has chosen to ensure a loyalist remains "the public face of an administration that has been defined by its pugilistic relationship with journalists." https://
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The Entertainment, Arts and Sports Law B.. by Elissa D. Hecker, Easl Blog Coordin.. - 3w ago
By Angela Peco Edited by Elissa D. Hecker Below, for your browsing convenience, the categories are divided into: Entertainment, Arts, Sports, Media, and General News: ENTERTAINMENT Few Hollywood Productions Are Using Inclusion Riders More than a year after Francis McDormand mentioned inclusion riders in her Oscar acceptance speech, only a handful of Hollywood productions have adopted the contractual stipulation that actors and filmmakers can use to assemble a more diverse cast and crew. https://www.nytimes.com/2019/06/19/movies/inclusion-rider.html Jussie Smollett Case Will Be Investigated by Special Prosecutor A special prosecutor has been appointed to investigate how authorities handled the decision to drop charges against Jussie Smollett, who was accused of staging an attack on himself and formally charged earlier this year. The Cook County judge who appointed the special prosecutor also said that the state's attorney, Kim Foxx, did not have legal authority to turn the case over to another prosecutor after recusing herself. https://www.nytimes.com/2019/06/21/arts/television/jussie-smollett-special-prosecutor.html Carrie Underwood, NBC, and NFL Sued Over "Sunday Night Football" Theme Song Singer Heidi Merrill alleges that she pitched the song to Underwood's producer in 2016 and that Underwood's version of the song "is substantially similar, if not identical" to hers. https://www.cbssports.com/nfl/news/carrie-underwood-nfl-and-nbc-facing-lawsuit-over-allegations-that-singer-stole-sunday-night-football-theme-song/ Lawyers Representing Harvey Weinstein Are Slowing Leaving His Defense Team Harvey Weinstein's legal team shrunk after several high-profile departures. With less than three months until his trial begins, attorney Jose Baez filed papers asking the court to let him withdraw from the case, citing fundamental disagreements with his client. Weinstein had reportedly grown frustrated with Baez and recently stopped paying him. https://www.nytimes.com/2019/06/17/nyregion/harvey-weinstein-trial-jose-baez.html Soundgarden, Estates of Tom Petty and Tupac, Sue Universal Music Over Recordings Destroyed in 2018 Fire A class action lawsuit seeking at least $100 million in damages was filed in Los Angeles following recent news that a fire decimated a storage facility where Universal Music stored master recordings. The suit states that Universal Music owes the musicians half of a confidential settlement negotiated with it, and half of an additional insurance settlement that Universal Music received for losses sustained in the fire. https://www.nytimes.com/2019/06/18/us/politics/mark-esper-acting-defense-secretary.html Missing Phone Central to Kevin Spacey Case A phone that Spacey's lawyers argue contains messages that would help their client disprove the sexual assault allegations against him is missing. The Nantucket judge who ordered the phone be turned over to Spacey's defense team has now ordered the father of the accuser to appear in court to explain what he knows about the phone's whereabouts after police returned it to him. https://www.nytimes.com/aponline/2019/06/19/us/ap-us-sexual-misconduct-kevin-spacey-.html ARTS The Baltimore Symphony Has Locked Out its Musicians as Labor Talks Stall The cash-strapped Baltimore Symphony locked out its musicians after failed labor talks. Management wants the players to agree to a shorter season and fewer weeks of work, changes that it says are necessary to reduce fiscal losses and keep the orchestra afloat. According to the musicians, a cut in performing weeks will impact the quality of the orchestra by making it more difficult to attract talent and compete with some of the top tier orchestras that offer year-round contracts. https://www.nytimes.com/2019/06/17/arts/music/baltimore-symphony-musicians-lock-out.html Another Restoration Project Gone Bad - This Time, a 16th-Century Statue of St. George A 16th-century wooden statue has been unrestored in Spain after a botched paint job replaced the original statue's muted shades with bright, loud colors that had St. George resembling the cartoon character Tintin. Working with photos of the original statue and $34,000 later, specialists in Navarra stripped back layers of paint to restore the statue's original colors. https://www.nytimes.com/2019/06/22/world/europe/spain-statue-st-george-botched.html Serpentine Galleries Chief Quits After Spyware Firm Controversy The Serpentine Galleries is one of London's most popular art museums. Its chief executive, Yana Peel, has resigned after a newspaper revealed that she had connections to a cybersecurity firm whose technology has been used to track journalists and human rights activists. Peel's husband is co-founder of a private equity firm that recently bought a controlling stake in NSO Group, an Israeli company offering technology that can hack phones to gain access to encrypted communications. https://www.nytimes.com/2019/06/18/arts/design/serpentine-galleries-ceo-resigns.html Bamiyan Buddhas Are Being Resurrected as Holograms in Afghanistan The Buddhas of Bamiyan, two 6th-century statues that were definitively destroyed by the Taliban in 2001, were "resurrected" in 2015 using holograms that beamed images of the Buddhas onto the sites where they originally stood. Since most archaeologists oppose reconstruction because the extent of the damage is too great, the goal going forward is to guard against continued degradation of the Bamiyan complex and conserve the remains as they are. https://www.nytimes.com/2019/06/18/world/asia/afghanistan-bamiyan-buddhas.html SPORTS U.S. Soccer and Women's Team Agree to Mediate Gender Discrimination Lawsuit The mediation is set to begin soon after the Women's World Cup is over. The players' lawsuit accuses the federation of gender discrimination and seeks equitable pay. It also alleges discrimination related to the players' medical treatment, their working conditions, and the surface on which they play during matches. https://www.nytimes.com/2019/06/21/sports/soccer/us-womens-team-discrimination-.html The Real Reason Why the U.S. Women's Soccer Team Isn't Getting Equal Pay: Men Still Dominate the Governing Bodies The article addresses the systemic repercussions of the gender imbalance observed in the sport governing bodies, with a specific focus on U.S. women's soccer, where women remain largely outnumbered in the organization. https://www.washingtonpost.com/outlook/2019/06/20/real-reason-us-womens-soccer-team-isnt-getting-equal-pay/?noredirect=on&utm_term=.c137724a90b0 Are Women Athletes Forced to Choose Between Sponsorship and Motherhood? This ESPN feature chronicles the experiences of several female athletes balancing motherhood and sporting careers, with a focus on their sponsorship contracts. http://www.espn.com/espnw/life-style/article/26964549/are-women-athletes-forced-choose-sponsorship-motherhood Major League Baseball and Players' Union Set to Begin Early Labor Talks League and union officials met earlier this week "to discuss logistics for negotiations" in a meeting that comes two years before the current labor agreement expires. The union is hoping to bring about substantive changes to the agreement after a slow-moving free agent market during the last two off-seasons. Some of the pressing issues for the union include restoring meaningful free agency and establishing a system that rewards younger players who have limited earning power. Though the current deal runs through 2021, both sides have reopened it in recent years to address performance-enhancing drug testing and penalties for domestic violence. https://www.nytimes.com/2019/06/17/sports/mlb-labor-talks.html Prime Sports Marketing Files Its Own Lawsuit Against Zion Williamson Ahead of National Basketball Association (NBA) Draft Prime Sports Marketing filed a lawsuit in Florida accusing the number one draft pick and Creative Artists Agency (CAA) of breach of contract. It is seeking $100 million in punitive damages. Zion Williamson signed with Prime Sports Marketing in April before hiring an agent, but filed a lawsuit last week to terminate the five-year contract, arguing that the contract was in violation of the state's agent laws. https://www.espn.com/nba/story/_/id/27012800/marketing-firm-files-own-suit-zion-caa https://www.heraldsun.com/sports/article231537518.html David Ortiz Shooting in the Dominican Republic Was a Case of Mistaken Identity Local officials say the shooting was ordered by a man associated with a Mexican drug cartel. The intended target of the shooting was the man's cousin, who was also a friend of Ortiz, and had been with Ortiz that evening. https://www.nytimes.com/2019/06/19/sports/david-ortiz-shooting.html https://www.nytimes.com/2019/06/18/sports/alberto-miguel-rodriguez-mota-david-ortiz.html United States Olympic Committee (USOC) Changes Its Name to U.S. Olympic and Paralympic Committee (USOPC) The change makes the U.S. the fourth nation to merge its Olympic and Paralympic teams. Last year, the board voted to increase monetary awards for U.S. Paralympic medalists to match those earned by Olympic athletes. https://gazette.com/news/usoc-changes-name-in-its-search-for-a-new-identity/article_47e28aae-93a5-11e9-9f11-3bb31e6bbfdf.html USA Gymnastics Overhauls its Safe Sport Policy The new regulations cover male and female athletes across all USA Gymnastics disciplines and are designed to clear up "gray areas." For example, the updates address what the boundaries are for one-to-one contact between a coach/trainer and an athlete, and also outline the types of behaviors that dictate mandatory reporting. https://abcnews.go.com/Sports/wireStory/usa-gymnastics-revamps-safe-sport-policy-amid-abuse-63812075 Adidas' Black Workers Describe a Workplace Culture that Contradicts the Brand's Image Black employees at the company's North American headquarters describe a workplace culture that leaves them feeling marginalized and sometimes discriminated against. Fewer than 4.5% of the workers there identify as black, a number that some see as staggeringly low for a company that has built much of its name in the U.S. through its association with black superstars, who are often its most influential customers. https://www.nytimes.com/2019/06/19/business/adidas-diversity-employees.html 30th Horse Dies at Santa Anita After Sustaining Injuries on the Training Track Hall of Fame trainer Jerry Hollendorfer was banned by the Stronach Group after a fourth horse from his stable died at the Southern California track. It was the 30th death since the racing season began. The horse was euthanized after sustaining an injury on the training track, which is not used for racing. https://www.espn.com/horse-racing/story/_/id/27032501/30th-horse-dies-santa-anita-trainer-banned Serbian Point Guard Withdraws from BIG3 After the International Basketball Federation Threatens His Olympic Eligibility Dusan Bulut has withdrawn from the BIG3 after the International Basketball Federation (FIBA) threatened sanctions that could have resulted in him not being able to participate in the 2020 Olympics. Bulut is ranked as the best 3-on-3 player internationally and was recently drafted in the BIG3, which is the biggest professional 3-on-3 league that features former NBA players. Reports say that FIBA had previously informed athletes involved in 3-on-3 competitions that participation in any other league would not impact on player eligibility for the Olympics. https://www.cbssports.com/big3/news/dusan-bulut-withdraws-from-playing-in-big3-after-allegations-from-fiba/ Officials Are on Alert for Match-Fixing at Women's World Cup World Cup matches are drawing millions of dollars worth of bets, prompting the governing body to turn its attention to integrity matters in women's soccer. FIFA has rolled out the most extensive program to date to detect attempts at match-fixing, briefed the players, and requested that each team assign one official to act as a liaison with FIFA on integrity matters. It has also set up a monitoring hub in Paris for the duration of the Women's World Cup. More generally, there are still concerns that chronic underfunding in women's soccer could make the players an appealing target for match fixers. https://www.nytimes.com/2019/06/17/sports/soccer/match-fixing-womens-world-cup.html Former UEFA President Michel Platini is Detained as Part of Qatar World Cup Probe Platini was detained as part of an investigation into alleged corruption in the 2022 World Cup bidding process that saw the event awarded to Qatar. At the time of the vote in 2010, Platini publicly backed the Qatar bid and had a direct vote in the elections as a member of the FIFA executive committee that was then electing World Cup hosts. https://www.nytimes.com/2019/06/18/sports/soccer/michel-platini-qatar-world-cup.html Adidas' Three-Stripe Trademark Ruled Invalid by European Court Adidas has failed in its attempt to broaden trademark protection for its symbol in the European Union. The European Union's second highest court upheld a 2016 decision of the European Intellectual Property Office, ruling that Adidas' three-stripe branding "was invalid as a trademark as it lacked a distinctive character." Adidas registered the trademark in 2014 but has been in a decade-long dispute with Belgian company Shoe Branding Europe, whose products feature two stripes sloping in the opposite direction. https://www.reuters.com/article/us-eu-court-adidas/eu-court-declares-adidas-three-stripe-trademark-invalid-idUSKCN1TK0P7 MEDIA Federal Trade Commission (FTC) Investigating YouTube Over Child Privacy Concerns The FTC is reportedly looking into YouTube's handling of videos aimed at children after complaints by parents and consumer groups that the company had collected data of young users and allowed harmful and adult content to appear in searches for children's content. https://www.nytimes.com/2019/06/19/technology/youtube-child-privacy.html Five NY1 Anchorwomen Sue Cable Channel for Age and Gender Discrimination The plaintiffs, who age in range from 40 to 61, are suing the network over age and gender discrimination and are alleging a systematic effort by managers to force them off the air in favor of younger, less experienced hosts. https://www.nytimes.com/2019/06/19/business/media/ny1-women-anchors-lawsuit.html Digital Newsrooms Are Unionizing BuzzFeed News staff members staged a four-hour walkout at the company's offices to pressure their employer to come to the bargaining table. This was the latest in a wave of unionizations that has seen reporters and editors who work for online publications following in the footsteps of their print predecessors. https://www.nytimes.com/2019/06/18/business/media/buzzfeed-news-union-walkout.html Alex Jones Sent Lawyers of Sandy Hook Families an Image of Child Pornography Lawyers for the families said that they had received an image that appeared to be child pornography in a trove of discovery materials produced by Jones' legal team. The families have filed a defamation suit against Jones, who has repeatedly claimed that the shooting was a hoax. https://www.nytimes.com/2019/06/17/nyregion/alex-jones-sandy-hook.html Sandy Hook Conspiracy Theorist Loses to Father of Sandy Hook Victim A Wisconsin judge has ruled that the editors of a book claiming the Sandy Hook shooting was a hoax defamed one of the murdered children's fathers by alleging that he had faked his son's death certificate to promote the conspiracy. The case will go to a jury to determine damages. The book's publisher also agreed to stop selling the book in a separate agreement. https://www.nytimes.com/2019/06/18/nyregion/sandy-hook-victim-court-ruling.html U.N. Report Reveals Chilling Details Behind Journalist Khashoggi's Murder The U.N. report calls for a full investigation into the Saudi crown prince's role in Khashoggi's murder after finding that the Saudi investigation into the killing was not conducted in good faith and could even count as obstruction of justice. The special rapporteur concluded that Khashoggi was the victim of a deliberate, premeditated execution for which Saudi Arabia is responsible under international human rights law. https://www.nytimes.com/2019/06/19/world/middleeast/jamal-khashoggi-Mohammed-bin-Salman.html New Zealand Man Gets 21 Months Sentence for Sharing Video of Attacks A 44-year-old businessman pleaded guilty to charges of distributing objectionable material and was sentenced to 21 months in jail after sharing a video of the mosque shootings and asking that crosshairs and a "kill count" be added to the footage. https://www.nytimes.com/2019/06/18/world/asia/new-zealand-video.html GENERAL NEWS Supreme Court Upholds the Ability of Congress to Delegate to the Executive in Sex Offender Registration Case The Court upheld a federal law that allows the attorney general to decide whether to require registration by sex offenders who were convicted before the law was passed. Justice Kagan wrote that the law satisfied the test of whether a delegation of authority was proper because it provided an "intelligible principle" to guide the attorney general's actions. According to the law, the attorney general has to require registration to the maximum extent possible, while considering the difficulty of notifying offenders convicted before the law took effect. https://www.nytimes.com/2019/06/20/us/politics/supreme-court-sex-offender-registry.html Supreme Court Affirms Exception to Double Jeopardy By a vote of 7-2, the Supreme Court has ruled that criminal defendants may be prosecuted for the same offenses in both federal and state court. While the Constitution's double jeopardy clause forbids subsequent prosecutions, the Supreme Court upheld an exception to the double jeopardy clause, saying that the federal government and the states are independent sovereigns and could each prosecute the same conduct. The ruling also has implications for associates of President Trump, who could be subject to state prosecutions should the president decide to pardon them. https://www.nytimes.com/2019/06/17/us/politics/supreme-court-double-jeopardy.html Supreme Court Allows 40-Foot Peace Cross on State Property The Supreme Court has ruled that a 40-foot cross honoring soldiers who died in World War I did not violate the First Amendment's ban on government establishment of religion and could remain on state property. Justice Alito, writing for five justices, said the monument did not primarily convey a religious message and the cross has taken on an added secular meaning when used in World War I memorials. There were also vehement dissents. https://www.nytimes.com/2019/06/20/us/politics/maryland-peace-cross-supreme-court.html Supreme Court Finds That Racial Bias Tainted Mississippi Murder Conviction By a vote of 7-2, the Supreme Court threw out the conviction of Curtis Flowers, an African-American man who stood trial six times and was convicted of murder by a Mississippi court. Over the course of those six trials, the prosecutor dismissed 41 of the 42 prospective black jurors. Writing for the majority, Justice Kavanaugh said that the Court was merely applying settled legal principles and that "equal justice under the law requires a criminal trial free of racial discrimination in the jury selection process." The Court's decision turned on the scope of Batson v Kentucky, in which the Court ruled that peremptory challenges during jury selection may not be used to exclude jurors based solely on their race. https://www.nytimes.com/2019/06/21/us/politics/curtis-flowers-supreme-court-in-the-dark-podacast.html Supreme Court Dismisses House of Delegates' Appeal in Virginia Racial Gerrymandering Case The case that gave rise to this decision concerned 11 voting districts in Virginia, each with at least a 55% population of black residents of voting age. A lower court had struck down parts of the voting map on race-discrimination grounds after Democratic voters sued, saying that lawmakers had violated the Constitution by..
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The Entertainment, Arts and Sports Law B.. by Elissa D. Hecker, Easl Blog Coordin.. - 1M ago
By Lisa Ornest Edited by Elissa D. Hecker Below, for your browsing convenience, the categories are divided into: Entertainment, Arts, Sports, Media, and General News: Entertainment Debtor/Creditor Law It gets kind of depressing that most of what we get in entertainment and sports news is bad behavior, but this time the bad behavior is on the other foot. Director Bryan Singer paid $150,000 to his accuser, who apparently forgot to mention the lawsuit as an asset when he filed his bankruptcy petition. After taxes and distribution to creditors, he may not be left with much. https://www.nytimes.com/2019/06/13/movies/bryan-singer-cesar-sanchez-guzman.html Bankruptcy as a Business Plan, and The Daily Hero The theory seems to be, bankrupt everything, let life get much worse, and this will further inflame the scapegoating vengeance mindset of the President's supporters, who have no reality testing and no idea that their hero and his ilk are the ones responsible for their misery, and they will support him even more fervently. This is just one item in an iceberg of neglect; but at least someone stood up, and at least someone listened. Who can we get to speak up for the kids at the immigration pound? https://www.nytimes.com/2019/06/12/nyregion/jon-stewart-9-11-congress.html Arts Suicide is Not Painless It seems to be going around in the city this week that certain people accused of bad behavior have lost their curiosity to see what happens next. Maybe Mrs. Max was on the wrong anti-depressants. She looked anorexic. Was the son persecuting her? It's often impossible to know what really goes on behind closed doors, Alexa notwithstanding. I had the opportunity to buy about a dozen signed Peter Max lithographs a few years ago (not on a cruise ship), but didn't. I kicked myself afterward, but now it turns out they might have been issued under false pretenses. Not sure it would have made a monetary difference; notoriety is also attractive. The May article gives the back story. https://www.nytimes.com/2019/06/11/nyregion/mary-max-suicide.html https://www.nytimes.com/2019/05/28/business/peter-max-dementia-cruise-ship-auctions.html?module=inline Fashion is Really Not Painless On the one hand, why isn't it a good thing to bring lesser known art and craft to the world? On the other hand, in an age where everything can be monetized, at what point does it become exploitation Back in 1986, when Paul Simon released Graceland, he received flack about "appropriating" indigenous music and musicians. His response was, "You think it's so easy to make a hit record?" His point was that his alleged "exploitation" gave that music an enormous audience it would not have had on its own, and everyone made money they would not have made on their own. https://www.nytimes.com/2019/06/13/fashion/carolina-herrera-mexico-appropriation.html Neither is War Penguin recently re-issued a novel to which it did not own the copyright. Someone didn't do his or her homework. It's also an issue about certain people believing in something, like the supporters of this book who kept it in print for so long. Is there is a moral claim? Penguin can do something to make it right, and it should. https://www.nytimes.com/2019/06/06/books/no-no-boy-penguin.html Humboldt Fog You need a score card for this one: The Humboldt Forum Museum is built on the site of the Palast der Republik, the former East German Parliament, which was torn down after reuinification. The building is a facsimile of the Berliner Schloss, a palace (although with fewer turrets than some of the really cool ones built into the sides of mountains), built by the Hohenzollern dynasty (think Hapsburgs or Plantagenets), which was demolished by the East German government. No one seems to take note that the pendulum always swings. Ever lost control of your car? The harder you try to correct, the more extreme the reaction. This is the truth of life. Why don't people know this? Meanwhile, there are ventilation issues, so some of the exhibits that were promised to be loaned for the opening, like an exhibit of ivory objects, will not be given. There's a good example. Should we just destroy all the ivory artifacts? At any rate, the opening has been pushed to 2020. https://www.nytimes.com/2019/06/13/arts/design/berlin-humboldt-forum-opening-benin.html Sports Bargain Days Six perps, $7,500. You do the math. As Rumpole says, the ones with any real genius rarely come our way. Especially at those prices. Not only did they get caught, but the guy is still alive. I don't mean to be flip. Ortiz was seriously injured. He lost his gall bladder and part of his intestine and suffered damage to his liver. What a mess. https://www.nytimes.com/2019/06/12/sports/david-ortiz-shooting-suspects.html The Rocking Horse Winner It's a story by D.H. Lawrence. The house whispers, "there must be more money." The little boy realizes that if he rides his rocking horse long and hard enough the name of one of the winners at the next day's races will come to him. The family starts raking in the dough, but instead of being sated, the voices just want more and more. The mother buys fresh flowers and Paris gowns. The voices get even stronger. The little boy rides himself into exhaustion trying to appease the voices and please his mother, but he never can. It kills him. Same thing here. https://www.nytimes.com/2019/06/11/sports/horse-racing/santa-anita-close-track.html https://www.nytimes.com/2019/06/12/sports/santa-anita-park-horses-deaths.html Pomp and Circumstance The Stanford sailing coach did not personally benefit. Rather, through the auspices of a college "consultant", the sailing team received $770,000 in donations, from the grateful families of non-sailors (and probably non-students). Apparently the "consultant" got $6.5 million just from one couple from China to get their daughter admitted and the sailing program received $500,000. For $7 million, the family could have built its own college. Who has this kind of money? Why didn't they spend it on tutors back when it would have counted? Make the kid put down the iphone and read a book; and learn how to do dishes. https://www.nytimes.com/2019/06/12/ us/stanford-coach-college-admissions-scandal.html Weinstein's Ilk FIFA has banned Keramuddin Keram, an Afghani warlord, from soccer, for life, and an arrest warrant has been issued in regard to charges of sexual abuse -- rape -- of female soccer players. He trapped them in a locked office, and they couldn't get out. If they said anything he would accuse them of being lesbians, which is illegal in Afghanistan, and it would get them thrown off the team and their families would be in trouble, etc. Apparently he's not the only one, and it's taking place elsewhere than just Afghanistan. https://www.nytimes.com/2019/06/09/world/asia/afghanistan-soccer-sexual-abuse.html Kellen Winslow Jr. Convicted of Rape This guy raped a 58-year old homeless woman, among others. A 77-year old woman said he exposed himself to her. Anger and control issues, you think? It's a pathology. He needs to be off the streets and learn to do simple things. https://www.nytimes.com/2019/06/10/sports/kellen-winslow-jr-is-convicted-of-rape.html Media Supreme Court Agrees to Hear Comcast Case Comcast claimed that it did not have sufficient bandwidth to run programming from Entertainment Studios Network, owned by African-American Byron Allen, even though it apparently had enough bandwidth to run programs from white-owned networks. Comcast said that since the decision was based on other factors, the case should have been dismissed, but the Ninth Circuit upheld, saying that the discrimination claims should survive dismissal even if discrimination wasn't the sole reason the programming was rejected. This seems new. https://www.nytimes.com/2019/06/10/us/politics/supreme-court-race-discrimination-comcast.html Bakery for Sale This is an insane story. What happened? Was there ergot in the rye bread? The kids were not in Starbucks minding their own business. No dispute that they shoplifted. Why is that irrelevant? Eventually they were arrested. Maybe that wasn't necessary. Maybe the clerk (and member of the plaintiff/owner family) shouldn't have chased them. Businesses in college towns suffer a lot of that kind of behavior, and maybe this was just the last straw. There were never any previous discrimination complaints about this place. The college behaved like a pre-adolescent trying to win a popularity contest. $33 million plus $11 million is too much (and it will probably be reduced). But IMHO this was not the right battle. The article doesn't say what happened to the perps. IMHO, no jail time, no record, but maybe some community service, and they need to apologize. Then the entire Oberlin administration needs to resign. https://www.nytimes.com/2019/06/14/us/oberlin-bakery-lawsuit.html You Want Lies With That? The fact that the White House abolished the daily briefing is appalling. The fact that it will be used as simply another propagandist avenue is unfortunate, but at least let's have everything on the record. Plus, I favor full employment for journalists. https://www.nytimes.com/2019/06/14/us/politics/trump-daily-briefing-press-secretary.html https://www.nytimes.com/2019/06/13/us/politics/sarah-sanders-leaving-white-house.html Under the Spreading Chestnut Tree The American Civil Liberties Union (ACLU) believes that AI will have a chilling effect on culture. You think? It has already happened, but gradually, and under the guise of consumer toys, so no one really notices. There's really no need for bloodshed. If you want to take over the universe, just give everyone iphones. Tip of the day: Resist surveillance culture. Just because a product exists, and the manufacturer's advertising makes you feel like you would be a target for scapegoating without it, doesn't mean you should purchase it. Cameras change things. Remember that the end game is for-profit prisons; and remember Justice Brandeis - don't wait until you become a victim of "anomaly detection". Special points if you identify the epigram. https://www.nytimes.com/2019/06/13/us/aclu-surveillance-artificial-intelligence.html Big Brother Gets Even Bigger There are a number of issues here. First, Congress is pretending to investigate how the advertising power of Big Tech is affecting the dissemination of news. All the advertising dollars from sponsors go to Google, Facebook, Amazon, and Apple, and not, e.g., CNN. The Justice Department and the Federal Trade Commission, which have split the task between them, may annoy the big companies, but they won't really get anywhere, even though they are asking the hard questions, like has Facebook "harmed consumers" with its handling of data, and whether Amazon has "hurt smaller retailers"? Duh. Of course the giants will win in the long run. In the meantime, the news agencies want to be able to band together to give themselves a stronger negotiating position for ad dollars. They want an antitrust exemption. I don't know if that is really the solution. Don't we already have enough McNews? https://www.nytimes.com/2019/06/11/technology/antitrust-hearing.html https://www.nytimes.com/2019/06/10/technology/big-tech-antitrust-scrutiny.html https://www.nytimes.com/2019/06/09/business/media/google-news-industry-antitrust.html We Got a Good Thing Going After their undeniable success in the U.S. (the fact that they were caught doesn't seem to make a difference), the Russians are apparently extending their election interference tactics to the EU. I don't know what to do about this. Luckily, no one has asked me. Censorship is a slippery slope. Has Facebook become the equivalent of the National Enquirer? Possibly. The problem is that, like the National Enquirer, for all those who ignore it, there are exponentially greater amounts of those who believe. https://www.nytimes.com/2019/06/14/business/eu-elections-russia-misinformation.html Journalist Prevented From Working Thomas Erdbrink, a New York Times reporter living in Tehran, had his press credentials revoked in February, but it is apparently only now being made public. He is a citizen of the Netherlands, but his photographer wife is Iranian. She is also being prevented from working. This is not the first time that this has happened (elsewhere as well as in Iran). In fact, Erdbrink's successor at the Washington Post, his previous job, was arrested and held for over a year in Iran. Supposedly there is an intention to resolve this issue, but now that Iran is taking potshots at U.S. tankers, I think they should get them out of there. https://www.nytimes.com/2019/06/10/world/middleeast/iran-times-erdbrink.html Two Cans and a Very Long String? Chinese mainland computers hacked the "Telegram" app, used to organize protests. The hack found names, and some people were arrested. These particular protests were about Hong Kong wanting to extradite certain people, dissidents, to the mainland, where, protesters fear, they will never be heard from again. I wasn't just a cyber attack; it also occurred in real time and space. There was tear gas, rubber bullets, and pepper spray. No one said world domination was going to be pretty. It's part of a general hardline approach. https://www.nytimes.com/2019/06/13/world/asia/hong-kong-telegram-protests.html https://www.nytimes.com/2019/06/13/world/asia/hong-kong-xi-jinping-china.html Lock Her Up! Marine Le Pen is the leader of the far-right "National Rally" party in France, whose right-wing nationalist and populist motives include what you might expect, for example, that there must be zero tolerance for crime, and there must be more prisons to house all the immigrants that are committing the crimes. When her father was running the party, it was anti-Muslim and anti-Jew. Now, Le Pen has been accused of tweets that "seriously harm human dignity", by showing photos of alleged Islamic nationals doing things like burning prisoners alive in cages. She's probably just upset they beat her to it. There will be a trial, with a potential for prison and a hefty fine. She sounds like she deserves it, but I just don't think we can jail people for their political beliefs, no matter how insane. https://www.nytimes.com/2019/06/13/world/europe/marine-le-pen-isis-tweets.html Nowhere to Run Rohingya Muslims who escaped persecution in their homeland are surprised and a bit alarmed to find just as much vitriol in the rest of the world, all nicely concentrated in Facebook, the psychic garbage heap of the universe. https://www.nytimes.com/2019/06/14/technology/facebook-hate-speech-rohingya-india.html General News Backpedal At first Trump said he would take campaign help, like allegedly incriminating evidence about an opponent, from anyone who offered it, like the Russians. Then, after Nancy Pelosi said he didn't know right from wrong and that he was involved in a a criminal cover-up, he backtracked. Yet why is he worried about this when he doesn't appear to care about any other treasonous thing he says? Just because Nancy Pelosi said something? She says lots of things, and he never really paid attention before. https://www.nytimes.com/2019/06/14/us/politics/trump-foreign.html If You Have to Ask How Much It Costs, You Can't Afford It Congress wants drug companies to put their prices on their advertising. The drug companies claim that it's a First Amendment issue. They have the right to say what they want about their product. I guess like putting petroleum in canned milk and not telling anyone. If the price is prohibitive, isn't that a kind of defect? But I understand. It's a downer. We have this great new medication. It will cure what ails you. It costs ten thousand dollars per dose! There is the suggestion that they simply lower their prices. If the prices were lower the drugs would be prescribed more often; the insurance companies would pay; and quantity would make up for quality. Raising the price of insulin is just pure greed. https://www.nytimes.com/2019/06/14/health/drug-prices-tv-ads.html Forty-Five Days Trump is pretending that in fear of his threatened tariffs, Mexico agreed to certain immigration policies, but it didn't. Trump waved around a letter and said it was the agreement. What Mexico agreed to was a 45-day period to see what it could do and to give it time to prepare for further negotiations. https://www.nytimes.com/2019/06/11/us/politics/trump-mexico-deal.html For Profit Education Back on the Table ...And let's accredit crazy religious schools that teach Biblical "science", while we're at it. Diane Auer Jones sees herself as an example of what alternative educational opportunities can do. Agreed. https://www.nytimes.com/2019/06/09/us/politics/diane-auer-jones-betsy-devos.html Deja Vu all Over Again Gregory L. Johnson burned an America flag outside the Republican National Convention in 2016. He was arrested, and he sued the city. However, pursuant to the 1989 Supreme Case of Texas v. Johnson, there is no prohibition on flag desecration. Johnson was awarded $225,000, and it turns out the two Johnsons are one and the same. https://www.nytimes.com/2019/06/14/us/flag-burning-cleveland.html Not Just a Flag Holden Matthews, who set fire to three churches in Louisiana, has been charged with hate crimes because it was found that his actions were motivated by the religious beliefs of the church goers, but not because the churches were primarily black. He bought the gas cans at Walmart and used his dad's truck. https://www.nytimes.com/2019/06/12/us/louisiana-church-fires-hate-crimes-charges.html Fire This The Office of Special Counsel (OSC), not related to Robert Mueller, whose duty it is to enforce the Hatch Act, which prohibits federal employees from using their offices to further political goals, has recommended that Kelleyanne Conway be removed. Her response? "Blah, blah, blah." The White House released an 11-page rejection of the OSC report. Here is an extra article about the Hatch Act. https://www.nytimes.com/2019/06/13/us/politics/kellyanne-conway-hatch-act.html Thomas Homan to be Border Czar? Former Immigration and Customs Director Thomas Homan will report directly to Trump on "task" of keeping potential immigrants from crossing the border. https://www.nytimes.com/2019/06/14/us/politics/trump-homan-border.html Already Gone Hope Hicks, former White House communications director, has agreed to participate in an "interview" with the Judiciary Committee. However, there will be a court reporter, and she will be under oath, so it will be more like a deposition. Among other things, they will ask her about the firing of James Comey and the attempt to make Jeff Sessions take over the Russia investigation. It's possible that she will claim executive privilege. The White House already told her not to comply with the document requests. https://www.nytimes.com/2019/06/12/us/politics/hope-hicks-house-testimony.html House of Representatives to Seek Judicial Enforcement of Subpoenas The House has authorized the Judiciary Committee to go to court to enforce the subpoenas against William Barr and Donald McGahn regarding the president's tax returns. https://www.nytimes.com/2019/06/13/us/politics/michael-flynn-rick-gates-subpoena-russia.html https://www.nytimes.com/2019/06/11/us/politics/barr-mcgahn-subpoena.html It's All About Me, Me, Me The Justice Department is investigating the CIA and the CIA's own Russian investigation. The CIA feels a little sniffy about this, but it will cooperate. Barr supposedly wants to find out why the FBI opened a counter-intelligence campaign into the Trump campaign, or so he says. It would have been based on information from the CIA. I guess he's hoping to prove that it was primarily a smear campaign with no real basis in fact. Trump has also given Barr power to de-classify. https://www.nytimes.com/2019/06/12/us/politics/russia-investigation-cia.html And Here's What I Want to Know About You The House Oversight and Reform Committee voted to hold Barr and Wilbur Ross in contempt for refusing to release documents regarding the decision to add a citizenship question to the 2020 census. One Republican agreed, Justin Amash...
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The Entertainment, Arts and Sports Law B.. by Elissa D. Hecker, Easl Blog Coordin.. - 1M ago
By Chantelle A. Gyamfi Edited by Elissa D. Hecker Below are stories from Entertainment, Arts, Sports, Media, and General News: ENTERTAINMENT Hollywood Big Shot to Raise Money for Battle Against Anti-Abortion Laws Hollywood producer Peter Chernin has launched a campaign to contribute to the $15 million that is needed to fund the American Civil Liberties Union's (ACLU) legal efforts to battle the national anti-abortion effort. Chernin wrote in an email to other entertainment titans that "we have a moral responsibility to act immediately" to fight Georgia's anti-abortion law. Recipients of the email included senior executives at all of the major movie studios, as well as entertainment power players like Jeff Bezos, Ari Emanuel, Ted Sarandos, Tim Cook, and Shonda Rhimes, with July 1st being the deadline for donating. https://www.nytimes.com/2019/06/03/business/media/abortion-laws-hollywood.html?searchResultPosition=1 Apple Bids Farewell to iTunes After Just 18 Years iTunes, Apple's "digital jukebox", has been cancelled after 18 years. Apple executives announced at their annual developer conference that iTunes would be dismantled, and its features would be split among three apps: Apple Music, Apple Podcasts, and Apple TV. https://www.nytimes.com/2019/06/03/technology/itunes-shutting-down.html?searchResultPosition=1 ARTS Central Park Five Presented With Courage Award Actor Michael B. Jordan presented the men known as the "Central Park Five" with an award for their perseverance and courage during a luncheon in which the ACLU of Southern California honored Netflix's series about their case. "When They See Us", the Ava DuVernay produced mini-series - although not the first attempt to recount the story - renewed interest in the details of the case that changed five boys' lives forever. In the infamous 1989 case, a white woman was savagely raped and beaten in Central Park, where she had been out for a jog. Five black and Latino teenagers -- Korey Wise, Raymond Santana, Kevin Richardson, Antron McCray, and Yusef Salaam, who became known as the "Central Park Five" -- were convicted based on confessions that were full of contradictions and lacking in crucial information, and which the boys said were coerced. No forensic evidence connected them to the crime, and DNA evidence that was collected did not match any of them. The series has re-ignited outcry about how the case was handled. Linda Fairstein, the Manhattan sex crimes prosecutor who observed the teenagers' interrogation, has faced backlash for her role in their conviction. https://www.nytimes.com/aponline/2019/06/07/us/ap-tv-when-they-see-us.html?searchResultPosition=2 Once a Celebrated Prosecutor, Now Disgraced and Dropped by Publishing Company Linda Fairstein, a former sex-crimes prosecutor who became a successful crime novelist, was dropped by her publisher, Penguin Random House, after the Netflix mini-series "When They See Us" renewed focus on her role in the wrongful conviction of five teenagers, known as the "Central Park Five", for a brutal rape. Since the series premiered last week, Fairstein has been the target of tremendous public outrage, including online petitions and a #CancelLindaFairstein hashtag. As a result, she resigned from a number of prominent boards, including that of Vassar College, her alma mater. The Netflix series is a dramatized account of the 1989 rape case, and shows Fairstein as determined to see the boys convicted, regardless of inconsistencies and evidence that suggested their innocence. Fairstein has called her portrayal "grossly and maliciously inaccurate" and threatened legal action. Ava DuVernay, who directed the series and was one of its writers, has not commented on Fairstein's assertions. https://www.nytimes.com/aponline/2019/06/04/us/ap-us-central-park-five-prosecutor.html?searchResultPosition=1 https://www.nytimes.com/2019/06/07/arts/linda-fairstein-when-they-see-us.html?searchResultPosition=4 France to End Disposal of Unsold Goods France plans to outlaw the destruction of unsold consumer products, a practice that currently results in the disposal of new goods worth 800 million euros, or more than $900 million, in the country each year. Prime Minister, Édouard Philippe, said that by 2023, manufacturers and retailers will have to either donate, reuse or recycle the goods. This particularly affects the fashion industry. https://www.nytimes.com/2019/06/05/world/europe/france-unsold-products.html?searchResultPosition=1 SPORTS #MeToo Hits Global Soccer Coaches and administrators in at least five countries on four continents have been accused by players and colleagues of sexual misconduct, inappropriate behavior, and even rape. The harassment allegations against Ahmad Ahmad, the president of Africa's soccer confederation, are the first to be made against a leader of one of soccer's six regional governing bodies, or against a senior FIFA official. An internal investigation has begun into Ahmad, alleging that among other transgressions, he dismissed an employee in 2017 after she rejected his romantic advances. Ahmad has denied the accusation and separate claims that he sexually harassed several other women. Ahmad also has been accused of misusing confederation funds and entering into questionable contracts, potential offenses that led to his being detained by the French authorities in Paris last Thursday. He was later released without being charged. https://www.nytimes.com/2019/06/07/sports/metoo-soccer-sexual-harassment.html?searchResultPosition=1 FIFA Bans Soccer Chief for Life After Sexual Abuse Allegations FIFA has banned Keramuddin Keram, the president of the Afghanistan Football Federation, from the sport for life, months after reports emerged that he had sexually assaulted players and had threatened them when they went public with their accusations. FIFA first suspended Keram after the accusations became public in December. That suspension was extended this spring while investigators for the FIFA ethics committee pursued the case. Other claims of abuse or inappropriate conduct have emerged in Canada, Colombia, and Ecuador, as well as in FIFA's top leadership. https://www.nytimes.com/2019/06/08/sports/soccer/afghanistan-soccer-sexual-abuse.html Rape Accusation Against Neymar Captivates News Media and Spooks His Sponsors Brazilian soccer star Neymar has been accused of raping Brazilian model Najila Trindade. Neymar has denied the allegations and his marketing company released a lengthy statement to announce that for now, there had not been any breach of contract. It repeated Neymar's denials that he had raped his accuser, although it conceded that some campaigns involving the player had been delayed. Nike, which has been with Neymar for 13 years -- more than half his life -- said in the past week that the company is "very concerned" by the allegations. https://www.nytimes.com/2019/06/08/sports/neymar-rape-sponsors.html MEDIA Amazon + Google at The Center of Big Tech Storm Amazon and Google are two of the largest tech companies, and as such, they yield tremendous power. The tech giants' actions have gone largely unregulated but now, the two federal agencies that handle antitrust matters, the Justice Department and the Federal Trade Commission (FTC), have split up oversight of the two companies, with the Justice Department taking Google and the FTC taking Amazon, signaling a shift in the United States' attitudes towards the companies. https://www.nytimes.com/2019/06/02/business/google-antitrust-investigation.html?searchResultPosition=1 YouTube Ban Addresses Extremism YouTube announced plans to remove thousands of videos and channels that advocate neo-Nazism, white supremacy, and other bigoted ideologies in an attempt to clean up extremism and hate speech on its popular service. The new policy will ban videos claiming that Jews secretly control the world, women are intellectually inferior to men and therefore should be denied certain rights, or suggesting that the white race is superior to another race, among other things. Channels that post some hateful content without violating YouTube's rules with the majority of their videos may receive strikes under YouTube's three-strike enforcement system, but will not be immediately banned. https://www.nytimes.com/2019/06/05/business/youtube-remove-extremist-videos.html?searchResultPosition=1 Apple Backs Off Crackdown on Parental-Control Apps As news broke that federal officials were stepping up antitrust scrutiny of Apple and its peers, Apple abruptly disclosed that screen-time apps were allowed to return to the App Store. After the company's Worldwide Developers Conference, it announced in a short blog post on a section of its website for developers that said parental-control apps could now use two technologies - mobile device management (M.D.M.), which enables parents to take control of a child's phone, and virtual private network (V.P.N.), which parents can use to block certain apps on a child's phone - that Apple had recently cited as grounds for their removal from iPhones. https://www.nytimes.com/2019/06/03/technology/apple-parental-control-apps.html?searchResultPosition=3 Australian Police Raids Target News Media Over Leaked Documents The Australian Federal Police raided the Sydney offices of Australia's public broadcaster in connection with an article published in 2017 about Australian special forces being investigated over possible war crimes in Afghanistan. This raid happened a day after the same agency searched the home, computer, and cellphone of a journalist who reported on secret correspondence between government ministries over a plan to expand intelligence agencies' surveillance powers, but the police said the two raids were not related. https://www.nytimes.com/2019/06/04/world/australia/journalist-raid-annika-smethurst.html?searchResultPosition=1 Raids on Journalists Show Australia's Secretiveness One journalist is being investigated for reporting that several boats filled with asylum seekers recently tried to reach Australia from Sri Lanka. Another reporter had her home raided by the authorities after reporting on a government plan to expand surveillance powers. The Australian Federal Police raided the main office of Australia's public broadcaster with a warrant for notes, story pitches, emails, and even the diaries for entire teams of journalists and senior editors -- all in connection with a 2017 article about Australian special forces being investigated over possible war crimes in Afghanistan. These extremes are not uncommon - among its peers, Australia stands out as one of the most secretive nations in the world; experts say that no other developed democracy holds as tightly to its secrets, and these raids are just the latest example of how far the country's conservative government will go to scare officials and reporters into submission. https://www.nytimes.com/2019/06/05/world/australia/journalist-raids.html?searchResultPosition=3 China Tightening Censorship After 30th Tienanmen Anniversary The 30th anniversary of the crackdown of a democracy movement in Tienanmen Square was tense, with China detaining activists, tightening censorship, and denouncing calls for a full accounting of the bloodshed. The looming trade war with the United States heightened the strain as China denounced Secretary of State Mike Pompeo's statement a day earlier honoring the protesters and criticizing continuing human rights abuses. The Chinese Embassy in Washington said that Pompeo's statement was made "out of prejudice and arrogance" and "grossly intervenes in China's internal affairs, attacks its system, and smears its domestic and foreign policies". https://www.nytimes.com/2019/06/04/world/asia/tiananmen-anniversary-china.html?searchResultPosition=1 China's Leading Investigative Reporter Quits Journalism Liu Wanyong spent over a decade at the China Youth Daily, a newspaper run by the Communist Party, but has now quit journalism altogether. Many are calling his resignation the "end" of investigative journalism in China. Reporters claim that "the most important figure in investigative journalism has disappeared" and investigative journalism would never be the same. https://www.nytimes.com/2019/06/07/world/asia/china-journalist-liu-wanyong.html?searchResultPosition=1 Reporter's Arrest Sets Off Widespread Protests in Russia Ivan Golunov, an investigative journalist focused on exposing corruption, was detained on drug charges last week in Moscow, sparking a series of protests from supporters. In an extraordinary move, three important newspapers printed the same large front-page headline: "I/We are Ivan Golunov". Golunov, who works for the Meduza online news service, is well-known for exposing corruption in Moscow's City Hall. In addition to the headline, the three newspapers -- Vedomosti, Kommersant and RBC -- published similar statements suggesting that Golunov was detained because of his work and demanding a transparent investigation into the police actions that led to his arrest. Golunov's attorney has filed a complaint that accuses the police of using violence against the him. Golunov, who has denied using or possessing drugs, was examined in a hospital and found to have abrasions on his back and a bruise around one eye. A court later released him into house arrest. https://www.nytimes.com/aponline/2019/06/09/world/europe/ap-eu-russia-journalist.html?searchResultPosition=6 https://www.nytimes.com/2019/06/10/world/europe/protests-russia-reporter-arrest-golunov.html?searchResultPosition=7 GENERAL NEWS NASA to Allow Tourists in Space For $35K NASA has announced plans to open the International Space Station to commercial business, including tourism. For the first time, NASA is allowing private citizens to fly, if not to the moon, then at least to the International Space Station, the only place where people currently live off the planet. For roughly $35,000 a night, up to two private citizens could visit the space station each year. https://www.nytimes.com/2019/06/07/science/space-station-nasa.html?searchResultPosition=4 https://www.nytimes.com/reuters/2019/06/07/world/europe/07reuters-space-exploration-nasa.html?searchResultPosition=2 Trump Administration Curbs Fetal Tissue Research The Trump administration announced that the federal government would sharply curtail federal spending on medical research that uses tissue from aborted fetuses, mainly by ending fetal-tissue research within the National Institutes of Health, in a move that helps fulfill a top goal of anti-abortion groups. The announcement is the latest in a series of Trump administration moves to appease opponents of abortion, which include barring Planned Parenthood and other organizations that provide abortion referrals from receiving federal family planning money, and expanding protections for health care providers who refuse to take part in abortions on moral or religious grounds. Since fetal tissue is used to test drugs, develop vaccines, and study cancer, AIDS, Parkinson's disease, birth defects, blindness, and other disorders, scientists say there is no substitute for the tissue and as such, "the ban on fetal tissue research is akin to a ban on hope for millions of Americans suffering from life-threatening and debilitating diseases". https://www.nytimes.com/2019/06/05/us/politics/fetal-tissue-research.html?searchResultPosition=4\ Trump Calls Off Plan to Impose Tariffs on Mexico Trump backed off his plan to impose tariffs on all Mexican goods and announced via Twitter that the United States had reached an agreement with Mexico to reduce the flow of migrants to the southwestern border. Trump's threat to impose potentially crippling tariffs on Mexico to leverage the immigration changes he demanded was met with sharp criticism from all sides and brought both countries to the brink of an economic and diplomatic crisis. The threat had rattled companies across North America, including automakers and agricultural firms, which have built supply chains across Mexico, the United States, and Canada. Republican senators had threatened to try to block the tariffs if Trump moved ahead with them. According to a United States-Mexico Joint Declaration distributed by the State Department, Mexico agreed to "take unprecedented steps to increase enforcement to curb irregular migration," including the deployment of its national guard throughout the country to stop migrants from reaching the United States. Most of these terms had been agreed to in December. https://www.nytimes.com/2019/06/07/us/politics/trump-tariffs-mexico.html?searchResultPosition=1 Judges Skeptically Hear Arguments from Both Sides in Youth Climate Case Against the Government Three federal judges heard arguments about whether young people have a constitutional right to be protected from climate change. The case, Juliana v. United States, was scheduled to begin last October, but the court granted the Trump administration an unusual pretrial appeal, which could have important implications for this and other attempts to use the courts to pursue climate action across the United States. https://www.nytimes.com/2019/06/04/climate/climate-lawsuit-juliana.html?searchResultPosition=1 U.S. Vows to More Aggressively Deport Migrant Families Mark Morgan, the acting director of the Immigration and Customs Enforcement agency (ICE), announced that the Trump administration will ramp up its efforts to deport families of undocumented migrants in the United States. In a statement, he said that deporting migrants "was necessary to deter a record-high number of Central American migrants from approaching the border". The new focus will apply to any migrant who has missed a court hearing or otherwise received deportation orders. Despite Trump's threat to place tariffs on Mexican imports, Mexican officials said they would reject the "safe third country" agreement proposal, which would require migrants from Central America to apply for asylum in Mexico, rather than in the United States. https://www.nytimes.com/2019/06/04/us/politics/ice-migrant-families.html?searchResultPosition=1 House Intelligence Committee Says That Russia is Likely to Try to Influence 2020 Presidential Election Representative Adam B. Schiff, the chairman of the House Intelligence Committee, said in a statement that the Russian government is likely to try to influence the 2020 presidential election, not through the release of stolen emails and other documents, but through faked videos. During the 2016 presidential campaign, emails and documents were stolen by Russian hackers from the Democratic National Committee and the Clinton campaign and then released publicly, influencing the presidential race. Schiff said he was particularly worried about the effect of falsified videos, known as deep fakes, which could be easily introduced into social media, spread rapidly, and be "hugely disruptive and hugely influential." https://www.nytimes.com/2019/06/04/us/politics/russia-election-hacking.html?searchResultPosition=1 Judge Says That Flynn Call Transcript Can Stay Private U.S. District Judge Emmet Sullivan ruled that prosecutors no longer have to publicly file a transcript of the call between former adviser Michael Flynn and Sergey Kislyak, the former Russian ambassador to the United States, reversing course from an order last month. https://www.nytimes.com/aponline/2019/06/04/us/politics/ap-us-trump-russia-probe-flynn.html?searchResultPosition=1 https://www.nytimes.com/aponline/2019/06/04/us/politics/ap-us-trump-russia-probe-flynn.html?searchResultPosition=1 Trump Administration's Potentially Unethical 'Bridge' to China Trump's transportation secretary, Elaine Chao, has raised ethical flags. Chao's office had made a series of unorthodox requests related to her first scheduled visit to China as a Trump cabinet member back in October 2017. The trip was abruptly canceled by Chao after the ethics question was referred to officials in the State and Transportation Departments and, separately, after The New York Times and others made inquiries about her itinerary and companions. Chao oversees the American maritime industry and her family's shipping company, Foremost Group, has deep ties to the economic and political elite in China where most of the company's business is centered. Officials have questioned the ethics of Chao's position and her family's business and have described the requests made as "alarmingly inappropriate". https://www.nytimes.com/2019/06/02/us/politics/elaine-chao-china.html?searchResultPosition=1 Fifty Years Later, Police Finally Apologize for Stonewall Riot Police commissioner James P. O'Neill said that he was sorry on behalf of the New York Police Department for officers' actions during the violent 1969 police raid at the Stonewall Inn - which signifies a seminal event in the gay rights movement. "The actions taken by the N.Y.P.D. were wrong -- plain and simple. . . .the actions and the..
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By Joshua Lahijani "Wobble Up" by Chris Brown never broke into the Billboard Hot 100, despite featuring popular artists Nicki Minaj and G-Easy. (https://www.billboard.com/music/Chris-Brown/chart-history) Released on April 18th, it is a hip-hop single that is to feature on Brown's upcoming album "Indigo". Despite the lukewarm response to the song, the music video, directed by Arrad Rahgoshay (https://www.imdb.com/name/nm5742174/) and Chris Brown (https://www.imdb.com/name/nm2093097/), has been targeted by multiple artists for copyright infringement. The video contains four controversial images/scenes (https://www.youtube.com/watch?v=odgvsMFSIo8): 1. A visual pun of beach bums (the artists) on a beach that is a bum; 2. a colorfully painted breast with a temperature knob displacing the nipple; 3. two lemons on a blue backdrop with a distinctive piercing on the right sitting flat on a surface; 4. an eggplant made from a lavender colored balloon on a grapefruit/peach colored backdrop; and 5. two grapefruits nested in a lace bra. The video frames contain images that are similar to "concept" works by three artists: 1. A visual pun of beach bums (stick figures) on a beach that is a bum - concept work by Marius Sperlich (https://www.instagram.com/p/BmZG3dvn59T/); 2. a nude breast with a temperature knob displacing the nipple - concept work by Marius Sperlich (https://www.instagram.com/p/BpC3Z0snFSC/); 3. two lemons on a pink backdrop with a distinctive piercing on the right pointed upright on the surface - work by Tony Futura (https://www.instagram.com/p/BI3MkO2gR1E/); 4. an eggplant made from a lavender colored balloon on a pastel blue backdrop - work by Vanessa Mckeown (https://www.instagram.com/p/BxxbpplARU2/); and 5. two eggs nested in a lace bra - work by Vanessa Mckeown (https://www.instagram.com/p/BhCPvpyAZKV/). In an Instagram post on May 21st, Sperlich stated:
Apparently my work got copied by the director who made the new . . . music video "Wobble Up" - without permission, without credit - along with works of other famous artists like @tonyfutura and @vanessamckeown #changeindustry For reference: A concept of @tonyfutura got copied, too. . . . Intellectual Property has to be protected at any cost! Now that the internet and social media proliferate content instantly. We need to make sure that the creative source is present from first launch. This unfortunately happens offers in the creative industry. Nowadays its very easy to copy things. For many the internet is just an open source of concepts, ideas and free content. Nobody cares about creation, originals and credit anymore. Especially if you are a young and an emerging artist....most cant afford a lawyer for a lawsuit. So most of them remain silent - We won't stay silent.
An Instagram post on May 21st by Futura stated:
So, apparently my work got copied by the director who made the new @chrisbrownofficial @nickiminaj @g_eazy music video "Wobble Up" - without permission, without credit - along with works of other famous artists like @mariussperlich and @vanessamckeown #changeindustry please tag, comment, repost and help us artists to get press on this. because credit is the only thing that lets people know about our work. credit saves creativity. please help us to spread awareness to all creative fields and the creative industry. #changeindustry
Turning away from the discussion of direct copying, this issue invokes a copyright concept that has been discussed over and over (and over) again, the idea-expression dichotomy. Copyrights protect the expression of an idea, and not the idea itself (see Mazer v. Stein). This scenario is reminiscent of another case, Bill Diodato Photogrpahy, LLC v. Kate Spade, LLC (2005). In Kate Spade, the plaintiff's photo was "of the bottom of a bathroom stall . . . [from] the opening underneath the door, one can see a woman's feet, astride a toilet, in stylish, colorful shoes, her underwear hanging above her ankles, and a handbag resting on the floor." Diodato submitted the photograph to Kate Spade in January 2003 in promoting his "portfolio". Kate Spade denied seeing the photograph, but included in its November 2003 advertising campaign a photograph "of a woman's feet, astride a toilet, in stylish, colorful shoes, with a handbag on the floor." The court, after considering issues of evidence of actual copying and the doctrine of scenes a faire, dismissed the case, stating that the "significant elements of the [Plaintiff's photograph that] are similar to the Kate Spade Photograph are not protectable -- and that elements that are protectable are . . . de minimis." Did the Rahgoshay and Brown video misappropriate the protected works of the artists beyond the de minimis or did they simply express their expression of an idea? If the artists file suit, a court may decide.
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The Entertainment, Arts and Sports Law B.. by Elissa D. Hecker, Easl Blog Coordin.. - 1M ago
By Angela Peco Edited by Elissa D. Hecker Below are stories from Entertainment, Arts, Sports, Media, and General News: ENTERTAINMENT Aretha Franklin's Handwritten Wills Are Discovered at Her Home Aretha Franklin was believed to have died without a will, but three handwritten documents were recently discovered at her home. Her estate considers them to be three separate wills, laying out her intentions about distributing her assets after her death, including music royalties and real estate. If the wills are ruled invalid, then her assets would be divided equally among her four sons, in accordance with Michigan law. https://www.nytimes.com/2019/05/21/arts/did-aretha-franklin-leave-her-will-under-the-couch-cushion.html https://www.nytimes.com/2019/05/24/arts/music/aretha-franklin-will.html Harvey Weinstein Reaches Tentative $44 Million Deal to Settle Lawsuits The amount is less than half of what was discussed as a victims' fund last year during conversations between an investor group that would buy assets of the Weinstein Company and the New York attorney general's office. This new deal would see about $30 million go to a pool of plaintiffs that includes alleged victims, creditors of his former studio, and former employees. The deal hinges on all of the plaintiffs agreeing to it and at least two women have rejected the proposal so far. https://www.nytimes.com/2019/05/23/business/harvey-weinstein-settlement.html https://www.nytimes.com/2019/05/24/nyregion/harvey-weinstein-accusers-settlement.html Singer Rae Solomon Sues Live Nation Over All-Female Country Music Festival Concept Solomon is suing Live Nation for $25 million, alleging that it stole her idea of an all-female music festival. Solomon alleges that in conversation with Live Nation's Women Nation fund, she was asked to provide a list of acts she was pursuing for her festival. However, the artists she mentioned, who are now headlining Live Nation's Chicago concert, say they never agreed to perform at her Zenitheve festival. https://www.billboard.com/articles/business/8512654/live-nation-lawsuit-all-female-country-music-festival-lambert-morris Actors and Directors Call for Boycott if Georgia's Abortion Law Goes into Effect Two film projects have pulled production from Georgia after a highly restrictive abortion law was passed. However, the film and television industry's response has been far from unified. Top studios have stayed silent, as has much of corporate America, a stark contrast with the widespread boycotts in 2017 following a slew of laws that restricted gay and transgender rights in various states. https://www.nytimes.com/2019/05/23/arts/hollywood-georgia-abortion.html Whitney Houston's Estate Plans a Hologram Tour and New Album Houston's estate says that it will be releasing a new album supported by a hologram tour. The estate has signed on with Primary Wave Music Publishing in a deal estimated at $14 million. The partnership gives Primary Wave 50% of the singer's royalties from music, film, and merchandising, and the right to use her name and likeness. https://www.nytimes.com/2019/05/20/business/media/whitney-houston-hologram-album.html A New Generation of Rap Artists Emerges in Russia Streaming and social networks have allowed a new generation of artists to emerge in Russia, a country where Kremlin loyalists act as cultural gatekeepers. https://www.nytimes.com/2019/05/21/arts/music/russia-rap-hip-hop.html ARTS Ghanaian Authorities to Sue "Black Panther" Producers Over Use of Kente Fabric According to online reports, authorities in Ghana are planning to sue the producers of "Black Panther" over alleged patent and copyright breaches. The Ghana National Folklore Board is reportedly planning a sit-down with Marvel Studios to discuss rules around using the country's traditional fabric, Kente, which the Board alleges the studio used without its permission. https://guardian.ng/life/ghanaian-authorities-plan-to-sue-black-panther-producers/ Germany Relinquishing Thousands of Kafka Confidant's Papers to Israel German authorities handed over to Israel nearly 5,000 documents kept by Max Brod, Kafka's friend and literary executor. Prague-born Brod fled Nazi Germany for Tel Aviv in 1939, carrying with him personal documents and works that Kafka had insisted be destroyed after his death. Brod left his personal secretary in charge of his literary estate and directed her to transfer the Kafka papers to an academic institution. Following a recent court ruling, it was decided that the papers would be delivered to the National Library of Israel. https://www.nytimes.com/aponline/2019/05/21/world/europe/ap-eu-germany-kafkas-treasures.html?searchResultPosition=4 SPORTS University of Southern California Records Reveal Dire Warnings About 'Psychopath' Gynecologist Following decades of complaints, officials at the University of Southern California were told by medical experts that Dr. George Tyndall was preying on vulnerable Asian students and had signs of "psychopathy." According to the report, language skills and lack of familiarity with American gynecology made international students ripe for victimization and unlikely to complain. Following the 2016 report, the university neither fired Tyndall nor notified the state medical board, arranging instead for him to leave his post with a financial payout and a clean professional record. More than 650 lawsuits have been filed alleging sexual misconduct by Tyndall. https://www.latimes.com/local/lanow/la-me-usc-george-tyndall-asian-students-abuse-women-gynecologist-20190523-story.html Former USA Diving Coach Pleads Guilty to Sexual Battery of Teen Diver William Bohonyi, former USA Diving and Ohio State University diving coach, pleaded guilty to two counts of sexual battery stemming from allegations that he repeatedly pressured a 16-year-old diver into sex. Bohonyi could spend up to 10 years in prison and will have to register as a sex offender in Ohio. https://www.huffingtonpost.ca/entry/william-bohonyi-estee-pryor_n_5ce6d5b2e4b05c15dea8c9d2 Former Partner of Deceased Skater John Coughlin Says She Was Sexually Abused Figure skater Bridget Namiotka has come forward with allegations that her former pairs partner sexually abused her for two years. Coughlin was 33 when he died by suicide earlier this year, one day after he received an interim suspension from the U.S. Center for SafeSport. SafeSport received three reports of sexual misconduct against Coughlin. This past February, it announced it would close its investigation given Coughlin's death. https://www.nytimes.com/2019/05/21/sports/ex-partner-of-deceased-figure-skater-john-coughlin-says-he-sexually-abused-her.html Nike Says That It Will End Financial Penalties for Pregnant Athletes Nike announced that it will waive performance pay reductions for 12 months for athletes who decide to have a baby, promising to add terms to reinforce this policy into its contracts with sponsored athletes. A number of recently published opinion pieces by Nike-sponsored runners criticized the company's endorsement contracts, which have specific performance thresholds for compensation and provide no exceptions for maternity leave. https://www.nytimes.com/2019/05/24/sports/nike-pregnant-athletes.html Robert Kraft Looking Likely to Avoid National Football League Discipline Albert Breer of Sports Illustrated writes that attitudes surrounding Kraft's situation have shifted - "most owners and team executives seem to have cooled on the idea that discipline under the NFL's personal conduct policy is a necessary step." The video evidence related to Kraft's charges of soliciting prostitution was thrown out because the warrant did not instruct police on how to minimize surveillance to avoid capturing non-criminal activity. Kraft's trial has been postponed indefinitely while prosecutors appeal the video evidence ruling. The prevailing view is that if Kraft wins in court, he'll likely escape National Football League (NFL) discipline. If the case is dismissed, he would have a misdemeanor charge without a conviction in a non-violent case, something for which no player has been punished. It seems that the union has also not pushed for discipline, since sanctions here could create a precedent that the players might not want. https://www.si.com/nfl/2019/05/23/robert-kraft-patriots-nfl-spring-meeting-playoff-schedule-draft-combine The NFL and NFL Players Association Cooperating on Study of Marijuana Benefits for Players The NFL and NFL Players Association will form two new joint medical committees: one for pain management and one for comprehensive mental health and wellness. The first of the two will study the potential use of marijuana as a pain management tool for players and review teams' policies and practices for the use of prescription medication by players. Any major policy change will still have to be made through the traditional channels of the collective bargaining agreement, or via changes to the jointly administered drug policies. Marijuana remains on the NFL's list of banned substances. https://www.seattletimes.com/sports/nfl-and-players-union-to-study-potential-use-of-marijuana-for-pain-management/ Former NFL Start Kellen Winslow Jr. on Trial for Rape Winslow has pleaded not guilty to raping three women, including a 17-year old girl from when he was in college. The other two incidents are recent and include 54-year-old and 59-year-old accusers. Defense lawyers contended the women were trying to prey on Winslow and that the sex was consensual. Winslow was suspended in 2013 for violating the NFL's performance-enhancing drug policy. https://www.apnews.com/8cfbcfd44bc34a05b5518d8cdaf55661 Boxer Daniel Franco Sues Jay-Z and Roc Nation Sports After Suffering Brain Injury Franco is accusing his promoters of encouraging him to go ahead with a 2017 fight even after he attempted to postpone the fight after a bout of flu that left him unfit to compete. Franco went on to fight twice more that year, but was forced into retirement later that year after suffering a near-fatal brain injury. His lawsuit alleges that he had suffered two skull fractures in one of the earlier fights of 2017, and that had those been identified at the time, the final fight would have been cancelled. https://www.thefader.com/2019/05/22/jay-z-roc-nation-sports-daniel-franco-lawsuit Women's Hockey Players Form Players Association More than 200 of the world's top women's hockey players have filed paperwork to form a union with the goal of helping to establish a sustainable professional league in North America. As per the press release, "the formation of the PWHPA follows a decision by more than 200 of the world's top female hockey players to sit out the upcoming professional hockey season." The group has made it clear they want a league that provides health insurance, financial and infrastructure resources to players, and support for training programs. https://www.tsn.ca/professional-women-s-hockey-players-association-formed-1.1308581 Women's Hockey Sees WNBA As a Model for NHL-Backed League Since the Canadian Women's Hockey League ceased operations earlier this month, the National Women's Hockey League is the only professional women's hockey league left in North America and top stars are refusing to play in it. Players would like to see a formal relationship with the men's league, similar to what is in place between the National Basketball Association (NBA) and the Women's NBA (WNBA), though query how the WNBA's recent struggles might bear on the future of an National Hockey League-backed women's league. https://www.nytimes.com/2019/05/23/sports/nwhl-wnhl-wnba-womens-hockey.html Houston Rockets' Twitter Account Suspended Over Use of Copyrighted Music The Rockets' official Twitter account was suspended earlier this week due to social media posts containing unlicensed copyrighted music. Several college football programs also saw their respective accounts temporarily disabled in the face of Digital Millennium Copyright Act complaints. https://www.usatoday.com/story/sports/2019/05/20/houston-rockets-twitter-account-suspended/3748238002/ NBA's Kings and Mavericks Announce They Are Disbanding Their Dance Teams The Sacramento Kings is disbanding its dance time in order to form a "gender-inclusive hip-hop dance troupe." The new squad will have even numbers of men and women. The Dallas Mavericks (Mavs) will also be making changes, disbanding the dance team and replacing it with a new "entertainment squad." The Mavs have recently had to address a spate of sexual harassment complaints and is said to be aiming for a more "family-friendly" type of entertainment. https://clutchpoints.com/mavs-news-dancers-maniaacs-to-be-replaced-by-a-new-entertainment-group/ https://www.sacbee.com/sports/nba/sacramento-kings/article230671294.html Maryland and Florida Not Going Along with Stronach Group's New Horse Racing Regulations; Preakness Stakes' Future in Maryland is Still Undecided The Stronach Group instituted a series of changes at Santa Anita Park in California following 23 horse deaths in the span of 4 months. The measures include a reduction in race-day Lasix and use of riding crops only for safety. However, the changes have been met with resistance from Maryland horsemen and regulators, with the Maryland Racing Commission saying they are in violation of state regulation. Meanwhile, the City of Baltimore is standing behind its lawsuit to block the Stronach Group from moving the Preakness Stakes from its current home at Pimlico Race Course to Laurel Park. The lawsuit claims that under Maryland law, the race must stay at Pimlico unless a disaster or emergency arises that would force it to move to another track in the state. https://www.baltimoresun.com/sports/horse-racing/preakness/la-sp-santa-anita-stakes-races-horse-deaths-20190524-story.html https://www.baltimoresun.com/sports/horse-racing/preakness/bs-sp-preakness-tim-ritvo-pimlico-future-0519-story.html Canadian Football League and Players Ratify New 3-year Collective Bargaining Agreement The Canadian Football League (CFL) and CFL Players Association (CFLPA) have ratified a three-year "bridge deal" running through the 2021 season. Media outlets reported that talks hit a snag when the CFL decided to delay bargaining for two weeks earlier this month, after which the CFLPA urged a training camp boycott. The two sides ultimately signed a memorandum of agreement one day before the start of training camps. https://www.cbc.ca/sports/football/cfl/cfl-players-union-labour-deal-ratified-1.5144745 Land Developer, Montreal Baseball Investors Reach Deal on Potential Major League Baseball Stadium Stephen Bronfman heads a group of investors interested in bringing baseball back to Montreal. His firm has reached a deal with real estate development firm Devimco to purchase and develop a plot of land known as the Peel Basin. The announcement came on the 50th anniversary celebrations of the Montreal Expos' first season. The Expos relocated to Washington, D.C., following the 2004 season. https://www.thestar.com/sports/baseball/2019/05/22/land-developer-montreal-baseball-investors-reach-deal-on-potential-stadium-site.html Qatari Executive Charged with Corruption in Scandal Implicating Track and Field's Governing Body The French case against Yousef al-Obaidly relates to his time as a senior official of a company created by Qatar to bid for the track and field world championships. Authorities say that his company paid $3.5 million to another company controlled by a man with ties to the International Association of Athletics Federation (IAAF), in an apparent bribe. Though Qatar was unsuccessful in landing the 2011 championships, it did host the event in 2017. The charges are the result of a long-running inquiry that has already revealed that high-ranking officials at the IAAF tried to extort athletes who had tested positive for performance-enhancing drugs. https://www.nytimes.com/2019/05/22/sports/qatar-bein-iaaf-world-championships.html MEDIA Julian Assange is Indicted Under the Espionage Act The Justice Department has indicted WikiLeaks founder Julian Assange for revealing government secrets under the Espionage Act, marking the first time a publisher has been charged under this law. The indictment charges Assange with 16 counts of receiving or disclosing material leaked by then-Army intelligence analyst Chelsea Manning. The act has no exception for reporters or publishers. Previous administrations have only prosecuted government employees who provided materials to journalists and have not invoked the law against journalists for fear of colliding with the First Amendment. Journalists and press freedom groups reacted with alarm following the announcement, saying that the move opens a new front in the government's campaign against illegal leaks and risks criminalizing journalistic practices. https://www.nytimes.com/2019/05/23/us/politics/assange-indictment.html https://www.nytimes.com/2019/05/23/business/media/assange-first-amendment-wikileaks.html Google Changes Abortion Ad Policy Starting in June, abortion ads on Google will include disclosures that state whether or not the advertiser provides abortions. Google will require advertisers to apply to get certified as abortion-providers or non-providers. This move comes following criticism that the company was enabling organizations that oppose abortions to present themselves as facilities that provided the service, in an effort to get women to contact them and to then dissuade them from seeking the procedure. https://www.nytimes.com/2019/05/21/business/media/google-abortion-ads.html Facebook Targets Hate Content for Removal In response to global pressure to improve how it polices content, Facebook states in one of its biannual reports that the company's automated detection software is improving, removing more than half of the hate speech on the platform. It also says that it is beginning to use artificial intelligence to detect and remove the sale of guns and drugs on its platform. https://www.nytimes.com/2019/05/23/technology/facebook-content-rules-data.html San Francisco Police Chief Apologizes for Raid of Journalists Home-Office San Francisco police raided freelance journalist Bryan Carmody's home in an effort to discover his confidential sources after he referred to information he got from a police report dealing with the death of a local public defender. When Carmody refused to identify who had given him the report, the police obtained a search warrant, raided his apartment, and detained him for six hours. Following a hearing earlier this week, his seized property was returned. The Chief of Police apologized for the raid, saying that it raised questions about whether California shield law was violated. The shield law protects journalists if they refuse to disclose sources or refuse to disclose unpublished information. https://www.nytimes.com/2019/05/21/business/media/press-freedom-carmody-freelancer.html https://www.nytimes.com/2019/05/25/us/san-francisco-police-chief.html Geoffrey Rush Awarded $2 Million in Defamation Case Actor Geoffrey Rush was awarded a record $2 million payout in his defamation case against Rupert Murdoch's Nationwide News. Rush accused a tabloid newspaper of wrongly portraying him as having behaved inappropriately toward a female co-star in two front-page articles published in 2017. The case was closely watched in Australia, where advocates argue that celebrities can fend off #MeToo accusations through a defamation claim. https://www.nytimes.com/2019/05/23/world/australia/geoffrey-rush-defamation.html GENERAL NEWS Federal Judge Upholds Subpoena for Trump's Financial Records A federal judge in Manhattan ruled against a request from President Trump to block Deutsche Bank from complying with congressional subpoenas seeking his detailed financial records. Trump is expected to appeal the ruling, and the committees have already agreed to let the appeals play out before enforcing the subpoenas. https://www.nytimes.com/2019/05/20/us/politics/mcgahn-trump-congress.html https://
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