Palin Claims “Fair Use” on 9/11 Photo

Former Republican Vice Presidential candidate Sarah Palin continues to make headlines. In September 2013, North Jersey Media Group (NJMG) filed a federal lawsuit against Palin and her political action committee (SarahPAC) for copyright infringement. The suit alleges that Palin posted NJMG’s iconic “WTC Flag Raising Photograph” on Palin’s Facebook page without permission. The photograph, taken by a staff photographer for NJMG, depicts three firefighters raising an American flag over the rubble of the World Trade Center on September 11, 2001. Screen shots from Palin’s Facebook…
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The Anti-Trust Suit Isn’t Over Yet for the NCAA

U.S. District Court Judge Claudia Wilken moved the Ed O’Bannon anti-trust lawsuit forward against the NCAA. On November 8, 2013, Judge Wilken certified a class of former and current college athletes suing the NCAA. The suit began in 2009, when former UCLA basketball player Ed O’Bannon sued the NCAA for wrongfully profiting off the names and likeness of former student athletes in EA Sports video games. The judge ruled that players can seek a verdict forcing the NCAA and its member-schools to end restrictions on…
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Photographers Want to Capture Their Rights

Seven professional photographers sued the NFL, Getty Images (Getty), and the Associated Press (AP) for violating the photographers’ copyrights. The freelance photographers (plaintiffs) filed the lawsuit in New York federal court on October 21, 2013. The lawsuit claims that the three defendants are liable for copyright infringement, breach of contract, and breach of fiduciary duty. The plaintiffs allege that the NFL failed to receive consent to use plaintiffs’ photos in connection with NFL advertisements, news, promotions, and products. Freelance photographers regularly license their photos through…
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FX facing mark’s F-X-Xtinction?

The name seemed silly from the moment those commercials started to run. You know them — the ones with the cast members of It’s Always Sunny in Philadelphia speaking to each other in what sounds, to the naked ear, like Swedish. The ad spots changed as the summer season rolled out on FX, but the punchline of each promo was always the same, with one cast member saying the name of the channel that the great comedy show was moving to. Repeat after Danny DeVito:…
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SiriusXM: “It Ain’t Me Babe”

Mark Volman and Howard Kaylan, the principal songwriters and vocalists of 60’s pop group The Turtles, filed a class-action lawsuit in federal court in the Southern District of New York, against SiriusXM Radio, Inc., the satellite radio giant, captioned Flo & Eddie Inc., et al. v. SiriusXM Radio, Inc.; and Does 1 through 10, No. 13 CIV 5784, in mid-August. Perhaps signaling the urgency and seriousness of the situation, this past week attorneys from the New York-based law firms Weil, Gotschal and Manges LLP…
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Marvin Gaye Estate to Robin Thicke: Let’s Get It On

Robin Thicke was back in the news this past week. No, we’re not talking about his provocative appearance with Miley Cyrus at the MTV Video Music Awards, which garnered him — and his performance partner — attention the world over. A recent development regarding the undisputed song of the summer, “Blurred Lines,” has Thicke wondering whether he’s “Got To Give It Up.” It was reported that the Estate of Marvin Gaye rejected a “six-figure” offer to settle a copyright infringement lawsuit against Thicke. This comes…
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Advantage, Williams Sisters?

As Serena Williams effortlessly marched on to the third round of the U.S. Open in Flushing Meadow yesterday, it was a recent victory for the Open’s number-one seed on (or in) another court that caught the Sports Law Insiders attention in the last couple of weeks. On August 13, in the case entitled United States Tennis Association Incorporated v. VSW Productions LLC, M& M Films, Inc., Maiken Baird and Michelle Major, 13 CV 4124, District Judge Nelson Roman of the Southern District of New…
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