A bulletin from the Media & Sport Group at DLA Piper

GAMING & BETTING

Betfair files complaint with the EC over newly passed Cypriot laws that ban betting exchanges

This legal action challenges the Cypriot legislature’s unanimous move to prohibit betting exchanges and online casino games.

Betfair, the leading online betting exchange, filed a formal complaint with the European Commission (Commission) on 10 September 2012 in relation to recently passed Cypriot gambling legislation. This new legislation was passed in July of this year, the most fundamental feature of which is the prohibition of online casino (including poker) and betting exchanges. Therefore, only sports betting (other than exchanges) are permitted.


Continue Reading MEDIA INTELLIGENCE, October 2012 (Part I)

By Ryan Compton

Bruce Willis may take a lot of chances in his movies, but recent newspaper stories reported he’s not interested in taking any chances with his real-life digital media. While the statements in these press reports, which indicated that Mr. Willis was considering challenging licensing terms prohibiting transfer of his digital media collection after his death, have since been retracted, the issue has caught the attention of digital media purchasers. Like many, Mr. Willis presumably has extensive physical and digital media collections he would like to transfer to his heirs; however the law treats the transfer of physical and digital media differently. While it seems Mr. Willis may not be interested in taking action at this time, his reported concerns shed light on an often overlooked discrepancy in transfers of media containing copyrightable expression.

For the last 150 years, entertainment lovers have purchased their favorite media on one physical format after another: wax cylinders, piano rolls, vinyl LPs, 8 tracks, cassettes, Compact Discs, MiniDiscs, BetaMax, VHS, DVDs, BlueRay discs. But while the various forms have evolved, one fundamental characteristic has remained the same: what happened to these assets when their original owner passed away. Each physical item and its title passed on to the heirs of the deceased, subject to state estate law. Further, the First Sale Doctrine prohibited copyright owners from blocking such transfers: after the first sale of an item embodying copyrightable content, the copyright holder’s rights to control that particular item is exhausted. The owner of that item can distribute, sell, or otherwise dispose of it as they please.

 


Continue Reading You Can’t Take It With You (or Leave It To Your Heirs)

Reposted from Intellectual Property Magazine, July 12, 2012

This article discusses the increasingly important role of social media in trademark enforcement efforts, and provides effective tips and strategies for corporate counsel to create a solid, value-driven enforcement


Continue Reading Choosing the right battles: DLA Piper’s Radiance A. Walters on how to avoid the “trademark bully” label

Reposted Client Alert 

We are delighted to introduce DLA Piper’s newest blog, Technology’s Legal Edge™, which addresses the global issues facing companies in the areas of e-commerce and social media, IT sourcing, outsourcing, and privacy


Continue Reading New Technology, Privacy and Sourcing Blog: Technology’s Legal Edge

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A group of us from our DLA Piper IPT group around the world, including those from Hong Kong, San Diego and Washington, DC are in Beijing, China attending the United States-China Intellectual Property Adjudication


Continue Reading DLA Piper attends the United States-China Intellectual Property Adjudication Conference

Reposted from Corporate Counsel Magazine

By Radiance Walters and Debbie Rosenbaum

In 2012, marketing teams will spend less time defining the term “social media” for corporate executives and more resources justifying increased expenditures in cyber platforms that have questionable returns on investment. Despite the unknown value of social media, conventional wisdom seems to suggest that companies require some form of social media presence. Frankly, a lack thereof sends red flags to consumers that a brand is unsophisticated or out of date.


Continue Reading From the Experts: Avoid Pitfalls of Social Media Contests and Sweepstakes

Reposted from DLA Piper’s Media Intelligence Bulletin

Editorial Team: Nick Fitzpatrick, Duncan Calow and Patrick Mitchell

The Department of Justice has published a landmark legal opinion that could pave the way for internet gambling in the United States.

On 20 September 2011, the Department of Justice’s Office of Legal Counsel reached its decision on whether the proposals by the states of Illinois and New York to use the internet and out-of-state transaction processors to sell lottery tickets to in-state citizens would violate the Wire Act 1961 (the “Wire Act”). The Wire Act prohibits wagering over telecommunications systems that cross state or national borders, therefore preventing use of the internet by states to sell lottery tickets even to adults within their own borders.


Continue Reading The United States issues its long awaited opinion on the Wire Act 1961

Reposted from DLA Piper’s Media Intelligence Bulletin

Editorial Team: Nick FitzpatrickDuncan Calow and Patrick Mitchell

Peter Frampton has filed a lawsuit against Universal Music Group (“Universal Music”) in respect of unpaid music royalties.

Peter Frampton filed a suit on 23 December 2011 against record label Universal Music for half a million pounds worth of unpaid music royalties and unspecified damages, making him the latest artist to make a claim against a record label in respect of digital royalties.


Continue Reading Peter Frampton is the latest artist to sue for unpaid digital music royalties

Reposted from DLA Piper’s Media Intelligence Bulletin

Editorial Team: Nick FitzpatrickDuncan Calow and Patrick Mitchell

HarperCollins Publishers LLC (“HarperCollins”) has filed a law suit against digital publisher Open Road Integrated Media (“Open Road”) for copyright infringement in relation to the e-book rights to the children’s book, ‘Julie of the Wolves’ (the “Work”).


Continue Reading HarperCollins sue Open Road for copyright infringement

Reposted from DLA Piper’s Media Intelligence Bulletin

Editorial Team: Nick FitzpatrickDuncan Calow and Patrick Mitchell

A federal judge has ruled against the creator of Ghost Rider in a battle for ownership rights of the character, ruling that he gave up all such rights to his employer, Marvel Entertainment LLC (‘Marvel’).


Continue Reading Marvel wins dispute over ownership of Ghost Rider rights