Posts In "First Amendment"

First Amendment




Electronic Arts Fumbles in Lawsuit Brought by College Athletes (again)

College sports is big business.  Student-athletes generate truckloads of cash for their schools, but are prohibited by NCAA rules from sharing in the haul.  In fact, if the student-athlete learns that someone is commercially exploiting his or her name or picture, NCAA rules require the student “to take steps to stop such an activity in order to retain his or her eligibility for intercollegiate athletics.”  (Wouldn’t we all have loved to have had that problem in college….)

Given this state of affairs, when Electronic Arts made its NCAA Football games using the likenesses of college athletes, it could not have obtained licenses from the students even if it had wanted to.  That would have violated NCAA rules.  So what happens when EA uses the likenesses of college athletes without permission, makes a bunch of money, and then doesn’t compensate the students?  After graduation, once they are no longer bound by NCAA rules, they all sue, of course!

Continue reading the full story . . . »




Leggo My Likeness, Part Four

There are so many fun things you can do with celebrities.  In addition to the traditional things like writing books about them, you can also use their catchphrases to make greeting cards; make movies about them using puppets; or even use claymation television to have them fight each other to the death.  But what about including digital representations of them in a video game?

A new case reinforces the holding of a previous case which stands for the proposition that you can’t put celebrities in a video game and then have them do exactly what they normally do in real life.  (For example, a game like “Lindsay Lohan:  Escape from Rehab” simply would not work).

Unfortunately, the case also sets a bad new precedent.

Continue reading the full story . . . »




Donald Trump Sues Bill Maher for Monkeying Around on Late-Night Talk Show

Here at Law Law Land, there are a few pearls of wisdom we like to repeat — perhaps to a fault — just because they are so helpful and right.  Copyright law doesn’t protect ideas, only the expressions of ideas.  Being legally right only matters if you can afford to prove it.  And, perhaps most important of all:  don’t mess with the Donald.  Just ask Bill Maher.

In January, Maher visited fellow comedian Jay Leno on The Tonight Show.  There, Maher discussed his “beef” with Donald Trump, who Maher claimed had rejected several invitations to appear on Maher’s late-night HBO show, Real Time with Bill Maher — evidently to Maher’s relief, given that Trump was such “a terrible racist.”  Of course, the ever-gracious Mr. Maher was quick to wish “the best for the syphilitic monkey who does [Trump’s] Twitter feed.”

Seizing upon the “syphilitic monkey” moniker, the conversation led (as it naturally would) into a joke about Donald Trump being “the spawn of his mother having sex with an orangutan” because, according to Maher, “the color of [Trump’s] hair…and the color of an orange orangutan is the only two things in nature of the same color.”  (Obviously.)  Ultimately, Maher concluded the joke by announcing — in an apparent parody of Trump’s (not actually) “very big,” (not remotely) game-changing pre-election announcement (more on that in a moment) — “I hope it’s not true…but unless [Trump] comes up with proof [that he is not the lovechild of an orangutan]…I’m willing to offer 5 million dollars to Donald Trump…that he can donate to a charity of his choice.”  As an example, Maher suggested the “Hair Club for Men.”

The very next day, demonstrating the sense of humor for which he has become legendary, Trump had his attorney write to Maher, formally accepting Maher’s “offer” and attaching a copy of Mr. Trump’s birth certificate, demonstrating that Trump is indeed “the son of Fred Trump, not an orangutan.”  (Can you imagine being the poor lawyer who got that “urgent” assignment at midnight?)  Trump demanded a $5 million payout, and when Maher ignored the demand letter, Trump actually filed a lawsuit in Los Angeles Superior Court demanding $5 million in damages.  Let me be clear:  this is not actually a joke.  This is a lawsuit that has seriously been filed.

This prompted Maher to assert that Trump needs to understand two basic concepts:  “what a joke is and what a contract is.”  And although we all know how this case is going to end, we would be remiss in not taking this opportunity to dedicate an entire blog post to The Donald’s bloviating buffoonery.  Could Trump really take this lawsuit all the way to the bank?

Continue reading the full story . . . »




This Is Our Super Bowl Blog Post. Now Come and Get Us, NFL!

[In honor of Super Bowl XLVII — because everyone knows that Roman numerals make everything very distinguished and significant — we're bringing back one of our most-read, and most personally-favored posts.  Enjoy your SUPER BOWL PARTY, everyone.]

Unless you live here, I’m assuming you’re aware of a little football game taking place this weekend between the San Francisco 49ers and the Baltimore Ravens.  (And maybe, just maybe, you might have heard something — but probably nothing original — about that whole Harbowl storyline.  Well here’s a little-known wrinkle about it.)

I’m as excited as anyone for the game, which is why, this Sunday, I might try to find a local bar hosting a Super Bowl party. But I’ll probably be out of luck, unless I’m willing to go to a “Big Game” party instead. And if I’m feeling spendthrift — the always-confusing word that sounds like “thrifty” but actually means “profligate” — I might try to pick up a new flat-screen TV at a Super Bowl sale. But unless I’m willing to settle for one of those ubiquitous “Big Game” sales, I’ll probably be forced to stick with what I’ve got.

Every year, while every sports yak in America is obsessing over Super Bowl scouting reports, every business in America is trying to capitalize on the game. But most of them aren’t using the words “Super Bowl” to do so, and the reason is fairly obvious: the phrase “Super Bowl” is trademarked by the NFL, which is famously protective of its intellectual property. Moreover, the privilege of using the phrase “Super Bowl” in advertising is one of the valuable rights bestowed by the NFL upon its advertisers and promotional partners — which gives the NFL extra incentive to keep freeloaders from poaching the phrase (thereby diminishing its value to potential paying promotional partners).

But what if the NFL is wrong? What if I really could check out the Super Bowl party at my favorite watering hole without them being subjected to the threat of legal doom?

Guess what, folks: I can. Continue reading the full story . . . »




“Where Are They Now”: Law Law Land Edition

This time last year, Law Law Land joined the hackneyed proud tradition of legal blogs offering year-end lists of cases to watch in the coming year (though in our defense, we did try to mix it up by reviewing totally absurd cases as well as totally important cases).  But “year in review” and “year to come” are cultural clichés that never held much appeal to me.  “Where are they now?” on the other hand?  That’s more my speed.  (Maybe that’s why I always adored the last five minutes of every episode of VH1’s Behind the Music, where the program would show the artist in their current, everyday life and tease the inevitable “impending comeback.”)  So what has become of those five big cases we told you to watch this year?  And did we pick good ones or not?  (Preview:  Yes, we did.  Oh shush, I don’t care if we’re biased.) Continue reading the full story . . . »




Miss Universe Pageant Scores Big Against Former Contestant

The Quaker State can be proud of many things.  The Liberty Bell.  Andy Warhol.  Tastykake.  Trading Places.  The Immaculate Reception.  But one part of its history that Pennsylvania may wish to forget (besides dog killer Michael Vick) is the garrulous young woman chosen to represent the state in the Miss USA pageant — Sheena Monnin.  Last month, a New York arbitrator found that Monnin defamed the Miss Universe organization when she claimed that the show had been rigged and ordered her to pay $5 million in damages.  Everyone knows that beauty pageants are big business (and were even before Honey Boo Boo tragically became a household name).  But how did they suddenly become the setting for big damages awards too?

“Fraudulent, Lacking in Morals, Inconsistent, and in Many Ways Trashy”

Monnin participated in the Miss USA competition and was not one of the semifinalists selected by the pageant judges.  A different panel of celebrity judges then chose the five finalists, including the eventual Miss Universe, Olivia Culpo of Rhode Island.

She of the $5 million judgmentMoments after learning she had not been chosen as a semifinalist, Monnin sent an email to the director of the Miss Pennsylvania USA Pageant, Randy Sanders, claiming that the contest had been “f-ing rigged Randy.”  (Wouldn’t be surprised if this phrase becomes part of the vernacular.)  Monnin resigned as Miss Pennsylvania the next day.  As her reason, she stated that the pageant system had “removed itself from its foundational principles” by allowing transgendered contestants.  That night, she publicly announced her resignation on Facebook, stating that she wanted no affiliation with an organization that was “fraudulent, lacking in morals, inconsistent, and in many ways trashy” — a sentiment that sounds like it could just as easily be a review of the clientele at many Hollywood nightclubs.

In a second Facebook post, she provided a new rationale for her resignation:  the show had been rigged.  As evidence, Monnin gave details of a conversation with another contestant who purportedly had found a list naming the top five finalists prior to the final judging. 

Not surprisingly, these comments received much media attention.  Monnin repeated her accusations on NBC’s Today Show, which is broadcast nationally. 

Given that allegations of corruption in judging are nothing new and are rarely substantiated (the 2002 Winter Olympics figure skating scandal notwithstanding), the Miss Universe officials might have let this go after Monnin ignored the group’s offer to review the judging process with her.  Forgiveness, however, was no longer on the agenda after the organization allegedly lost a potential $5 million sponsor who purportedly pulled out after expressing concern about the “rigging” allegations. Continue reading the full story . . . »




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