Another COVID-19 Surprise: Important New Trademark and Copyright Legislation Buried In Spending and Relief Package

Written by Marissa B. Lewis Yesterday, Congress’s omnibus spending and COVID-19 relief bill, H.R. 133, was signed into law.  Buried in the legislation are two new acts that potentially have sweeping implications for intellectual property owners.  The Trademark Modernization (“TM”) Act and the Copyright Alternative in Small-Claims Enforcement (“CASE”) Act introduce measures that are poised to significantly impact the way that trademark and copyright owners … Continue reading Another COVID-19 Surprise: Important New Trademark and Copyright Legislation Buried In Spending and Relief Package

FFCRA, We Hardly Knew Thee: Federal (and State) Paid COVID-19 Leave Laws Expire at Year’s End

Written by Jeremy Mittman and Stephen C. Franz On December 21, 2020, Congress passed the Coronavirus Response and Relief Supplemental Appropriations Act as a follow-up to the April 2020 Families First Coronavirus Response Act (“FFCRA”).  While President Trump has not yet signed the approximately $900 Billion measure, the new bill contains at least one provision that will be of particular interest to employers. Significantly, the new bill … Continue reading FFCRA, We Hardly Knew Thee: Federal (and State) Paid COVID-19 Leave Laws Expire at Year’s End

No Safe Harbor: Online Music Streaming Mixtape Platform is Liable for Copyright Infringement That Occurred Before Registering a DMCA Agent

Written by Albina Gasanbekova In Atlantic Recording Corp., et al. v. Spinrilla, LLC, et al., 1:17-cv-00431-AT (N.D. Ga. Nov. 30, 2020), a federal district court ruled that an online streaming provider cannot invoke the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”) to avoid liability for infringing uploads occurring before the provider met the requisite criteria for such protection. Spinrilla.com (“Spinrilla”) proclaims that it … Continue reading No Safe Harbor: Online Music Streaming Mixtape Platform is Liable for Copyright Infringement That Occurred Before Registering a DMCA Agent

Deepfakes and Rights for the Dead: New York Adds a Post Mortem Publicity Right and Penalizes Sexually Explicit Deepfakes

Written by Timothy M. Carter On Monday, November 30, 2020, New York Governor Andrew Cuomo signed into law legislation (S5959D / A.5605-C, which we’ll refer to as the “Statute”) establishing, among other things, a new post-mortem “right of publicity.”  We explain here the key points to know about the new law. New York’s new post-mortem right is similar to the existing right of publicity protections … Continue reading Deepfakes and Rights for the Dead: New York Adds a Post Mortem Publicity Right and Penalizes Sexually Explicit Deepfakes

Producers of Hustlers Hustle Up a Win in Lawsuit: SDNY Dismisses Claims for Invasion of Privacy and Defamation in Barbash v. STX Financing

Written by Leo M. Lichtman Earlier this month, the Southern District of New York gave its stamp of approval to the hit film Hustlers, when it dismissed an action for invasion of privacy and defamation brought by Samantha Barbash, the real-life ringleader of an illegal conspiracy that influenced the film.  In its order of dismissal, the court provided important guidance on New York’s invasion of … Continue reading Producers of Hustlers Hustle Up a Win in Lawsuit: SDNY Dismisses Claims for Invasion of Privacy and Defamation in Barbash v. STX Financing

From Players to Promoters: The People of Esports

In this webinar video, MSK attorneys Jeremy Mittman and Jaclyn Granet are joined by Andrew Cooke, General Counsel at Fnatic (one of the leading teams in esports globally), as the three of them discuss issues, interests and opportunities in this exciting and fast-growing industry. Specifically, they address audience engagement, trends in various platforms and especially during the COVID-19 pandemic, revenues, important labor and employment issues … Continue reading From Players to Promoters: The People of Esports

Proposed Rule Provides More Access to Capital for Businesses by Exempting Certain “Finders” from SEC Registration

Written by Mark Hiraide and Travis Jeffries Ever since the enactment of the Securities Exchange Act of 1934 (the “Exchange Act”), the practice of compensating a so-called “finder” of investors has been risky – it exposed both the finder and the company to whom the finder introduced investors to draconian rescission liability, unless the finder was registered as a broker with the U.S. Securities and … Continue reading Proposed Rule Provides More Access to Capital for Businesses by Exempting Certain “Finders” from SEC Registration

‘Big Litigants Don’t Cry’: Ninth Circuit Finds That Musical About Four Seasons Used Only Unprotected Facts

Written by Timothy M. Carter On September 8, 2020 in Corbello v. Valli, the Ninth Circuit reaffirmed the principle that copyright law does not protect facts and that authors who characterize their statements as fact are estopped from claiming that the statements were actually fiction.  974 F.3d 965 (9th Cir. 2020).  The Court’s opinion reaffirms basic principles that have not recently come up in Ninth … Continue reading ‘Big Litigants Don’t Cry’: Ninth Circuit Finds That Musical About Four Seasons Used Only Unprotected Facts

China 301 Duty Refunds – What Is Next?

Written by Susan Kohn Ross There are conflicting opinions as to when the deadline (called the statute of limitations) expires to file a complaint at the Court of International Trade and seek refunds on any China 301 List 3 duties which were paid. We know the statute of limitations is two years – but when does it start? Some argue the statute expired on Friday, … Continue reading China 301 Duty Refunds – What Is Next?

MSK Minute: Stephen Franz Discusses Back-to-School Questions Related to the FFCRA

As kids begin returning to school in person, virtually or on a hybrid schedule, new questions regarding an employee’s eligibility for paid leave under the Families First Coronavirus Response Act (FFCRA) are emerging. In this video, MSK attorney Stephen Franz addresses these questions and more. Continue reading MSK Minute: Stephen Franz Discusses Back-to-School Questions Related to the FFCRA