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Kicking-off the new ABA fiscal year, ELS Editor-in-Chair, Brian Rosenblatt, introduces you to this issue's series of fresh articles from some brilliant authors, and a Litigation Update that is simply second to none! Brian is anxious to hear your comments of the Journal and what he and his editorial staff can do to continue to make ELS more poignant and useful for you.
If you are a football fan and love the Rams moving from St. Louis to Los Angeles, or are curious as to what is involved in franchises building and moving to new stadiums, Jeremy Evans’ article on stadium financing is a must read! The article looks at specific examples of taxpayer dollars proposed or spent on private stadiums and whether taxpayers have or will actually benefit. In the end, we can determine whether American taxpayers should throw the proverbial red challenge flag, ask the umpires to put on the headset, you get the picture. Specifically, whether Americans should start voting with the minds instead of their hearts.
In case you have been living under a rock, virtual reality (VR) and its first cousin, augmented reality (AR), have arrived. The highly publicized and long-awaited head-mounted displays (HMDs), the headsets through which the world of virtual reality can be accessed, have been or will be made available for sale to the public this year, such as Facebook-owned Oculus VR’s Oculus Rift, Samsung’s Gear VR, Sony’s PlayStation VR, HTC’s Vive, etc. In other words, VR/AR is going mainstream.Please make sure to read David Fink and Jamie Zagoria’s fascinating article “VR/AR in a Real World,” which ties directly into the Virtual Reality panel at our Annual Meeting.
The Copyright Alliance is the unified voice of the copyright community, representing the interests of thousands of individual creators and organizations across the spectrum of copyright disciplines. Cynthia Sanchez shares her poignant interview and Q&A with Keith Kupferschmid of the Copyright Alliance.
Jay Rosenthal has reviewed Stan Soocher’s latest book, “Baby You’re a Rich Man: Suing the Beatles for Fun & Profit.” Soocher tries to create a new historical roadmap not so much for litigators, but for transactional attorneys representing established, and up and coming artists. How does an attorney prevent or mitigate fractured client relationships? questionable deals (real or imagined)? distrustful partners? and ultimately the failures of “Team Beatles” to work it out short of litigation? In other words – how did we get here?
Our Litigation Update, which will become a regular feature, is massive! Stan Soocher and I edited, reviewed, and compiled this comprehensive assortment of cases from the past year. The cases and notes were prepared by Amanda Alasauskas, Michelle Wahl, Bernetta Hardy, Patrick Ouellette, Kyle Simmons, Katie Day, Kaaren Fehsenfeld, Gabriella Martin, Harris Shain, and Sara Cruse. It is great to see our young lawyers and law students becoming involved at such a high level. This Update will be an invaluable resource to all of our Forum Members.
We are thrilled to include a new article by Chrissie Scelsi that provides an in depth review of protecting the personal patient information of sport and entertainment clients in the “Age of the Selfie.” Protecting the privacy of high profile clients is often a primary concern for sports and entertainment attorneys, particularly when there are medical issues involved. As such, it is important for practitioners to understand the laws that can come into play when these situations arise, whether it is an overeager hospital staffer looking to make a quick buck by selling photos of a client to gossip websites, or a more serious situation like a data breach that discloses sensitive client information.
Copyright ownership of characters, and the exclusive rights granted by such ownership, is important to allow for the commercial exploitation of famous characters. However, it is inevitable that the term of copyright protection will expire and those characters will fall into the public domain.Dirk Vanover shares his insights in methods for protecting characters in the Public Domain in light of the Klinger v. Doyle Estate, Ltd. litigation.
Given the pending Presidential Election, this Issue kicks off with a timely article by Scott Slavick regarding the use of music in political campaigns. He explores both the law and the common sense applied (we hope) and, in particular, looks at the conundrum created when a campaign has the right to use certain music, but the underlying artists do not want their music associated with a party or candidate.
This summer, the music industry roared with outrage after the Department of Justice (DOJ) released its review of the consent decrees governing the two largest performing rights organizations (PROs), Broadcast Music, Inc. (BMI) and American Society of Composers and Publishers (ASCAP). The non-profit PROs voluntarily entered into the decrees with the DOJ in 1941 with a goal “to prevent these two companies from acting monopolistic and regulate how they operate.” Ashley Hollan Couch provides a timely review of the recent DOJ ruling regarding music licensing.
In this issue, the Forum Chair, Janine Small, discusses the upcoming Annual Meeting offerings, election of Governing Committee members, and future activities this coming fall and winter.