The Chilling Adventures of Copyright Infringement

This past fall, The Chilling Adventures of Sabrina was the Netflix Original that everyone was talking about. This show reimagines the world of Sabrina the Teenage Witch (a popular show released in the 90’s) with a new, dark spin. In this version of the show, Sabrina must choose between joining the world of witchcraft that her family belongs to and remaining in the human world with her boyfriend and friends. Yet what appeared.. Read More

Dance, Dance, Litigation: The Copyrightability of Dance

Everyone’s seen them. With the massive success of Epic Games’ Fortnite, the free-to-play battle royale video game, many of the in-game dances have gained mainstream notoriety among the younger generations. In the game, players can unlock different dances, or “emotes,” for their characters either by completing various objectives within the game or by paying a fee ranging from $5 to $10. Yet, the origins of many of these popular emotes have recently created.. Read More

Kessler v. Duffer: A Conspiracy Theory and the Origin of Stranger Things

The success and mass cultural appeal of Netflix’s Stranger Things is in part due to the way in which it incorporates familiar story tropes and cinematic techniques to create a show that feels simultaneously fresh and nostalgic. While the influence of cultural giants like Steven Spielberg and Stephen King is obvious, at least one man feels that the show’s creators, brothers Matt and Ross Duffer, took more from him than mere inspiration.            .. Read More

Who is a “Film by?” The Writers Guild vs The Directors Guild

The Preamble: The WGA on Possessive Credits The Writers Guild of America’s 2017 Theatrical and Television Minimum Basic Agreement (MBA) begins with a preamble focusing on an oddly specific topic: “Possessive Credits.” The agreement as a whole is sprawling and broad, and clocks in at nearly 700 pages. This places it somewhere between Crime and Punishment and War and Peace in terms of sheer length. That being the case, it is striking that.. Read More

Davis v. Electronic Arts, Inc.

On August 17, 2018, the United States District Court for the Northern District of California denied class action certification for the retired National Football League (NFL) players suing Electronic Arts for using their likelihood in their Madden NFL series videogames, and dismissed Electronic Arts’ summary judgement motion in the case Davis v. Electronic Arts, Inc. This decision follows a Ninth Circuit Court of Appeals judgment from 2015 affirming the district court judgment protecting.. Read More

Spotify’s IPO!

Spotify (SPOT), the music streaming service, is expected to begin trading on April 3. This IPO is one to watch by all fans of music, technology, and finance.   What is Spotify?   Spotify is a music, podcast and video streaming service from Stockholm, Sweden. It came to the United States in 2010 and has been booming ever since.  Spotify has about 159 million monthly active users and 71 million subscribers for its.. Read More

Sports Gambling: The Anti-Commandeering Argument Against PASPA

Background Information   In 1992, Congress passed PASPA amid concerns that the legalization of sports gambling at the State level would spread. This legislation prohibited most States from licensing sports gambling. Professional and Amateur Sports Protection Act, 28 U.S.C. §§ 3704 (1993). In 2012, the New Jersey State legislature enacted New Jersey’s Sports Wagering Law, permitting State authorities to license “sports gambling in casinos and racetracks and casinos to operate ‘sports pools.’” NCAA.. Read More

Murphy v. NCAA: The Case that Could Transform Sports Betting Across the Nation

The fight for widespread legalization of sports betting in this country received a huge boost this past June when the Supreme Court, to the surprise of many and over the objection of the Solicitor General, agreed to hear New Jersey’s lawsuit. Murphy v. NCAA, formerly Christie v. NCAA, is set to be decided in the near future. The judges’ decision to hear the case, and the sentiments of many of the judges during.. Read More

Speaking About Politics: A Fireable Offense?

President Trump’s remarks that NFL owners should fire players who chose to kneel during the national anthem and White House press secretary Sarah Huckabee Sanders’ statement that Jemele Hill’s tweets disparaging Trump were a “fireable offense” pose an important question: can a private-sector employee be fired based on his or her political speech? The simple answer is yes; an employer may impose restrictions on speech relating to politics and decide to terminate employment.. Read More

Theatrical Parody in an Age of Uncertain Fair Use in the Second Circuit

Fair use doctrine has been challenged and stretched by the technological leaps and bounds of recent years. In the recent Second Circuit case, Author’s Guild v. Google, the court grappled with the issue of whether Google Books snippets were fair uses of the copyrighted works. These determinations are far beyond the scope of what is contemplated by the Section 107 of the 1976 Copyright Act, which sets forth factors courts should consider when.. Read More