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Shining a spotlight on Indie filmmakers NJSBA section to host panel in conjunction with Garden State Film Festival

By Barbara Straczynski posted 03-21-2022
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The New Jersey State Bar Association’s Entertainment, Arts and Sports Law Section is ready for its close-up. The section, along with the Garden State Film Festival, will present on April 2 a panel discussion “Avoiding Legal Pitfalls in Indie Filmmaking CLE.” Ronald S. “Ron” Bienstock is an attorney and musician who is a partner at Scarinci Hollenbeck. A corporate, entertainment, and intellectual property practitioner, he represents various businesses as well as music instrument manufacturers and song writers, producers, recording artists, and musicians. He has a wide range of accomplishments in the entertainment industry, including a trademark ...
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Latest issue of New Jersey Lawyer focuses on sports law

By NJSBA Staff posted 03-05-2021
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Sports are big money, and the latest edition of New Jersey Lawyer focuses on a wide range of topics surrounding sports law. A number of articles in this edition take a look at student-athlete name, image and likeness rights, also known as NIL rights, such as the one by Nicholas A. Plinio and Gregg E. Clifton, who tell readers what to expect in 2021 and beyond. Andrew Bondarowicz provides a wider perspective in “The NCAA’s Historical Challenges with Antitrust Issues and Its Current Battle for Continued Relevance.” In “It’s All About the Benjamins: College Athletes Getting Paid for Their Name, Image and Likeness,” Desha Jackson and Victoria Nguyen make ...
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The Fight Off the Field: Legal Issues Surrounding Compensation of Elite Women Athletes

By NJSBA Staff posted 02-17-2021
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This is an edited excerpt from an article written by Mari Bryn Dowdy and Mailise Marks in the February 2021 edition of New Jersey Lawyer, a publication of the New Jersey State Bar Association. The rest of this article takes a detailed look at some of the labor cases and negotiations involving elite women athletes. Read about this and some of the other issues involving sports law in our special issue here (login required). Every professional league and sports organization in the United States has its own structure of compensation and benefits. While the level of pay varies from sport to sport, a common reality has arguably existed since the advent of ...
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New Jersey Grants Name, Image, Likeness Rights to Collegiate Student-Athletes

By Nicholas Plinio posted 09-29-2020
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New Jersey Grants Name, Image, Likeness Rights to Collegiate Student-Athletes By: Gregg E. Clifton and Nicholas A. Plinio , Jackson Lewis P.C. Link to original New Jersey Governor Phil Murphy’s signature on the New Jersey Fair Play Act (S-971/A-2106) will allow New Jersey student-athletes to earn financial compensation from the use of their name, image, and likeness and authorize their hiring and use of attorneys and agents without affecting their scholarship eligibility. New Jersey joins California, Colorado, and Florida who have passed similar laws protecting the rights of student-athletes to be paid for name, image, and likeness rights. The New Jersey ...
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MARIN GOODMAN, LLP CLIENT HAS PRODUCED "EXTRACTION" FOR NETFLIX, STARRING CHRIS HEMSWORTH AND PREMIERING APRIL 24, 2020

By Terence W. Camp posted 04-13-2020
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My firm’s client has produced “Extraction” for Netflix, starring Chris Hemsworth and premiering April 24. #extraction #extractionnetflix #extractionnetflixfilm #netflixfilm #ericgitterproducer #russobrothers #samhargrave #maringoodmanllp #fredricgoodman #terencewcamp Instagram: @extraction.netflixfilm @chrishemsworth MARIN GOODMAN, LLP CLIENT PRODUCES "EXTRACTION"​ FOR NETFLIX - STARRING CHRIS HEMSWORTH AND PREMIERING APRIL 24, 2020 Marin Goodman, LLP client, producer Eric Gitter, has produced the action/thriller, "Extraction," for Netflix. The film, also produced by the Russo brothers (whose past credits include directing Marvel's "Avengers" films), ...
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NJ ICLE PANEL PRESENTS "LIBEL/SLANDER AND WHY CLIENTS NEED TO WORRY - CREDIBLE CLAIMS AND DEFENSES"

By Terence W. Camp posted 04-01-2019
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NJ ICLE PANEL PRESENTS "LIBEL/SLANDER AND WHY CLIENTS NEED TO WORRY - CREDIBLE CLAIMS AND DEFENSES" ​ Terry Camp On October 26, 2018, I was honored to appear as a panelist at the New Jersey Institute for Continuing Legal Education's, "Libel/Slander and Why Clients Need to Worry - Credible Claims and Defenses." This seminar, sponsored by the Bar’s Media Law Special Committee; the Entertainment, Arts & Sports Law Section; and other Sections, presented a comprehensive review with commentary on the current state of Defamation Law in New Jersey and the extensive legal history that led to it. Whether on corporate message boards, social media ...
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Standing in Copyright Infringement Suits: Registration or Application? Registration it is

By Gary A. Laurie, Esq posted 03-12-2019
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The U.S. Supreme Court has resolved a circuit split regarding whether copyright owners have to wait until they actually receive their registration certificate prior to filing suit or if they can file suit as soon as they’ve filed their application for copyright registration. Registration it is. Looking primarily at the text of the Copyright Act, the Court held that registration was required because to hold otherwise would render litigation moot if the Register refused an application for registration after the litigation commenced. And therefore it made more logical sense to require the registration prior to instituting suit. Now for your friendly copyright ...
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Music Modernization Act

By Gary A. Laurie, Esq posted 10-22-2018
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Early October 2018 brought a legislative victory for US musicians in the form of the Music Modernization Act. The new law makes multiple changes to US copyright law, including: Revising the current Section 115 mechanical license to allow blanket licenses for digital music providers as well as authorizing the Register of Copyrights to designate a mechanical licensing collective to administer the license and distribute collected royalties. Extending remedies for copyright infringement for pre-1972 sound recordings; and Allowing producers to receive sound recording royalties under the section 114 statutory license directly from Sound Exchange via a letter ...
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The HeismanWatch Website Sued for Copyright/Trademark Violations

By Andrea J. Barnett posted 10-15-2018
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​The owners of the HeismanWatch website have been sued by the Heisman Trophy Trust for alleged IP violations. The Trust alleges that the podcast's use of the Heisman trademark on its website, podcast, and other social media sites is a violation of the Trust's trademark rights. The suit also claims that the original trophy is under copyright protection by the Trust, and therefore can't be displayed online without their consent. The defendant has not yet filed its answer, but most likely they will rely on fair use as a defense. A copy of the complaint can be found here .​ For more information, see: https://www.hollywoodreporter.com/thr-esq/lawsuit-claim ...
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Get It In Writing!

By Gary A. Laurie, Esq posted 09-19-2018
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It is a basic tenet of contract law that oral contracts, or “handshake deals”, are just as enforceable as written contracts. However, it is also a basic tenet that one should never enter a long-term agreement based on an oral contract. Over time, parties to a contract may forget, misremember, or just plain lie, as to what they thought the agreement covered. However, these handshake deals are how most Hollywood lawyers enter agreements with their clients. Now, thanks to Johnny Depp, there’s another reason to avoid these handshake deals. Depp is seeking a full refund of the estimated $30 million he has paid in commission over the years to his attorney based on ...
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Remixing v. Remastering? Owners of pre-1972 Sound Recordings Should Do Both

By Gary A. Laurie, Esq posted 08-22-2018
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The Ninth Circuit recently reversed the trial court by determining that remastering by itself, without substantially altering the underlying music, does not give rise to independent copyrightability of the remastered version as a derivative work. In a dispute over alleged copyright infringement pre-1972 sound recordings between CBS Radio and ABS Entertainment, CBS had argued they o longer play vinyl sound recordings on the radio, but rather the remastered versions of those sound recordings. They further argued that any state misappropriation claim would therefore be preempted by federal copyright law, and owners of pre-1972 recordings wouldn’t have any claim ...
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Class Certification Denied in Former NHL Players’ Lawsuit

By Tyler Sims posted 07-13-2018
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Today, a District Court Judge in Minnesota denied the class certification of thousands of current and former National Hockey League (NHL) players who are suing the NHL for allegedly concealing the harmful effects of head trauma. The court reasoned there are too many differences in state laws about medical monitoring. This would make case management extremely difficult as the court would be required to apply a wide range of legal standards. The class would include up to 5,000 players. The players’ argument that New York law should apply because the NHL is headquartered there was rejected by the court. Instead, the court stated the law of the state where ...
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The Fallout from Colangelo’s Burners

By Gary A. Laurie, Esq posted 06-11-2018
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Posted on behalf of Chris Psihoules Michael McAnn, of Sports Illustrated, penned a very interesting article about the potential legal consequences facing Bryan Colangelo, the former Philadelphia 76ers General Manager, who resigned this past week amidst a Twitter scandal. Colangelo resigned in the wake of his wife, Barbara Bottini, admitting to creating burner Twitter accounts and using them in an attempt to influence fans around the League. I’m not sure if “burner” has a true definition, but the online Merriam-Webster dictionary says it “serves to refer to something that is disposable, or that cannot be traced.” McAnn detailed the investigation of the ...
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Viacom wins in 'SpongeBob' Restaurant Dispute

By Andrea J. Barnett posted 05-25-2018
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Viacom has succeeded in a dispute over IJR Capital Investment’s alleged infringement of Viacom’s “The Krusty Krab” trademark used on a restaurant of the same name. Earlier this week, the Court of Appeals for the Southern District of Texas upheld the district court’s decision granting summary judgment to Viacom against IJR Capital Investments on its claim of trademark infringement based on IJR’s use of the trademark as the name of a chain of seafood restaurants named after the restaurant of the same name that appears in SpongeBob SquarePants. Despite the fact that no actual restaurant used the mark and that The Krusty Krab mark was not previously registered ...
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New Jersey’s Gamble Pays Off as Supreme Court Strikes Down Federal Sports Betting Ban

By Tyler Sims posted 05-15-2018
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Yesterday, the Supreme Court decided (6-3) the federal law that banned sports betting in every state except Nevada is unconstitutional. The Professional and Amateur Sports Protection Act (PASPA) was passed in 1992 to “protect the integrity of sports” and was challenged by the State of New Jersey in the case Murphy v. NCAA . The challenge was opposed by the National Collegiate Athletic Association (NCAA) and the four major professional sports leagues. With many states poised to enact sports betting laws, the NCAA and professional leagues will need to move quickly to adapt to this changing legal landscape. New Jersey first passed a law in 2012 to legalize ...
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Upcoming Programs

By Gary A. Laurie, Esq posted 03-30-2018
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New Jersey Bar Association Entertainment, Arts & Sports Law Section is proud to announce two upcoming programs. On Tuesday April 3 at 3pm at Newark’s Prudential Center, the Section will be hosting a roundtable discussion with the general counsels from the NJ Devils, NY Giants, NY Jets and NY Red Bulls. The discussion will explore the day-to-day legal issues involved in being general counsel to a major sports organization. Immediately following the CLE, there will also be a networking reception (5:30-7pm) followed by the NY Rangers v. NJ Devils game that evening at 7pm. You can find registration and other details in the attached flyer or at www.njsba.com ...
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Trademark Law: The United States Army Challenges the NHL Expansion Franchise’s Application

By Tyler Sims posted 03-14-2018
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So far, the NHL’s “gamble” expanding into Las Vegas has been a resounding success. The team (Las Vegas Golden Knights) currently sits in first place by 12 points in its division and has broken numerous NHL records for an expansion team in its inaugural season. Off the ice, the team has immersed itself in the community, including its “Vegas Strong” efforts, and the team is top five in the league for home attendance figures. Despite all the good news surrounding the NHL’s newest franchise, there is an interesting legal proceeding brewing between the franchise and the United States Army (“Army”). On January 10, 2018, the Army filed a notice of opposition ...
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Bob Lefsetz and Charlie Walk

By Gary A. Laurie, Esq posted 02-07-2018
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Journalist-bloggers versus alleged predators. Free speech rights versus protection from defamation. Trial by media versus trial by law. Frame it however you wish, the fact of the matter is that allegations of sexual misconduct have recently hit the legal spotlight in a big way. Harvey Weinstein and #MeToo have become lightning rods in many industries. As opposed to allegations in the film industry and Silicon Valley, the music industry has been surprisingly silent. Music blogger Bob Lefsetz, writer of The Lefsetz Letter, has recently published numerous emails he has received from women in the music industry with their own stories of alleged sexual misconduct. ...
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Will Viacom and CBS Jump the Broom?

By Andrea J. Barnett posted 02-02-2018
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The relationship between Viacom and CBS has been in a constant state of influx. It's almost as bad as watching celebrity relationships fall apart. Now in the latest episode of "As the Media Corps Turn", Shari Redstone who has controlling stakes in both entities, is again pushing for a merger between CBS CEO Leslie Moonves and Viacom CEO Bob Bakish . Find out where this relationship is likely to go by clicking Viacom & CBS to Jump the Broom
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PRINCE ESTATE ACCUSES ROC NATION, TIDAL OF CONTRACT FALSIFICATION

By Andrea J. Barnett posted 11-15-2017
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​ In November 2016, Prince’s Estate filed a copyright lawsuit against Jay Z’s Roc Nation for streaming Prince’s albums on Tidal, an online streaming service owned by Jay-Z. The complaint, which was filed in Minnesota Federal Court, alleges that the agreement between Prince’s NPG Records and Tidal gave 90-day exclusive license to Tidal for Hit n Run, Prince’s newly recorded studio album. Roc Nation and Tidal allege they were given exclusive rights to stream Prince’s entire collection of music but with limitations. After repeated demands to Roc Nation to produce evidence of any oral and implied agreement granting these rights, Roc Nation asserts Tidal received ...
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