Entertainment, Media, Sports & Art Law
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News & Recent Developments
In the recent June 6, 2014 case of BMI v. Meadowlake Ltd., a bar owner was sued for refusing to pay roylaties on music played at his establishment. The owner argued that the music, which was played at the bar, was brought in, selected, and put-on by his patrons and he had no part in the selection or playing of the music.
The Sixth Circuit Court of Appeals, however, rejected this argument and affirmed that a defendant becomes vicariously liable for a direct infringement of a copyright “by profiting from [the] infringement while declining to exercise a right to stop or limit it.” Judge Sutton went on to note that a defendant’s ignorance about the infringement or the performances does not negate vicarious liability.
*While the articles and information on these pages aim to provide an accurate, objective and up-to-date portrayal and review of the facts concerning various disciplines within today's legal profession, the information contained within these articles is intended for informational purposes only and should not be construed as legal advice. No reader should act on the basis of the content without seeking appropriate legal counsel.*
The NCAA has grown somewhat infamous for not allowing their student athletes to realize any pecuniary gain from their participation within NCAA sports. However, it appears that this tradition may finally be coming to an end!
On Monday, June 9, 2014, roughly five long years after the commencement of the Keller Action, the NCAA announced their intent to settle in Keller v. NCAA. Plaintiff, Sam Keller, a former NCAA quaterback, filed suit in May of 2009 against the NCAA and EA Sports, claiming that the NCAA commissioned the use of his likeness for commercial gain in an NCAA video game without his consent, and in violation of the First Amendment.
On May 31, 2014, a $40 million settlement was reached between the parties. According to the terms of the settlement, if approved by the court, the NCAA will be required to dish out $20 million to Division I men's basketball and football players who attended particular colleges while the NCAA video games were sold.