Written by Robert Rotstein and Mark Humphrey Today, the United States Supreme Court decided Cox Communications, Inc. v. Sony Music Entertainment, No. 24–171, 607 U.S. ___ (2026), reversing a billion-dollar jury verdict against internet service provider Cox Communications (“Cox”). Justice Clarence Thomas, joined by six other justices, found that Cox was not a secondary copyright infringer merely because it provided a service with knowledge that … Continue reading Muddied Harbors: U.S. Supreme Court Holds That ISP Is Not Contributorily Liable for Its Users’ Infringement
Written by Samantha Frankel On July 28, 2025, the Ninth Circuit affirmed dismissal of a Lanham Act false endorsement suit brought by drag performer Lance Hara (known professionally as Vicky Vox) against Netflix over an animated cameo in the comedy series Q-Force. Vox alleged her animated likeness appeared without permission in a ten-second scene, an official teaser trailer, and a promotional still image. Hara v. … Continue reading Hara v. Netflix, Inc.: Ninth Circuit Reaffirms Rogers Test for Expressive Works Post-Jack Daniel’s
The familiar annual rhythm of the major film festivals – Sundance in January, Berlin in February, Cannes in May and so on through Toronto in September – is well underway. And with Sundance and the Berlinale already in the rear-view, and SXSW right around the corner, it’s fair to say the 2019 sales environment looks to be very buoyant.
Although the single-film Sundance sale record was not eclipsed in 2019, the number of films that sold for eight figures was the highest ever, with numerous films racking up paydays in the $10-15 million range. Understandably, press reports out of Sundance tend to focus on these lofty (and once dreamlike) selling prices. It makes sense: the big numbers make great headlines, and the selling price is often the only deal information made publicly available.
But filmmakers – and in some situations, even film financiers – are not always best served by selling to the highest bidder. From a filmmaker perspective, the largest upfront payment, as great a thrill as it may be, does not necessarily translate into the best support for the film or most effectively accomplish the short- and long-term goals of the filmmakers. And even from a financier perspective, the biggest initial return does not always equate with maximizing the profitability of the film and the long-term interests of the financiers. Continue reading “The Definition of Film Fest Success – For Financiers and Filmmakers”
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