Category: Entertainment

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Paparazzi Cause Need for New Federal Laws

The tenth anniversary of Princess Diana’s death once again stirs questions regarding paparazzi and the right of publicity for celebrities.  Many magazines are in the business of exploiting the personal lives of celebrities, publishing photos and stories about them in every walk of life.  Tabloid magazines make millions of dollars each year from magazine sales fueled by images of big name celebrities on their covers.

The right of publicity arose out of the case Haelan Laboratories v. Topps Chewing Gum, Inc., where two chewing gum companies went to court over exclusive contracts to use baseball players’ likenesses to sell their gum. [1]  The court struck down the idea that a celebrity only has a right of privacy interest in their own images and decided that celebrities have a property interest in their images since they have a “pecuniary worth.” [2]  In this manner, courts recognized … Read the rest

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America’s Pastime of a Time Past: Baseball has lost its special place in the American courts, but why? (Part 1 of 2)

I. Introduction

Baseball has enjoyed a
special place in the hearts of American sports fans.  It is touted as
America’s pastime.  As Americans, judges are not immune to either the
love of the game or the special status it holds in American culture. 
While other sports faced antitrust regulation with respect to the
reserve clause, baseball was exempted by the courts. [1]  The reserve clause restricts the right of the player to contract with a team other than the one he is currently signed with.[2]  Justice Blackmun, in his famous opinion in Flood v. Kuhn, pays homage to the baseball gods with a nearly seven-page-long introductory section entitled “The Game.”[3]  This storied past of baseball (MLB) no longer holds sway as recent rulings evidence.  Specifically, in the CBC v. MLB Advanced Media,
a federal district court recently held that MLB did not have … Read the rest

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The Unlawful Internet Gambling Act and the Tax Revenue the United States Government Could Have Had

I. Introduction

Many
people who gamble on-line will tell you that October 13, 2006 truly was
an unlucky day. On that Friday, President Bush signed into law the
Unlawful Internet Gambling act.[1]. The bill makes it illegal for banks
and credit card companies to transact with online gambling
companies.[2] By preventing banks from allowing deposits into gambling
sites, the bill hopes to prevent people from partaking in on-line
gambling. The question many people have is why the United States would
outlaw internet gambling when it could have regulated the industry and
benefited from the tax revenue it would have received?

II. Analysis

The
first thing taught on the first day of an Income Tax class is that tax
base times rate equals revenue (tax base x rate = revenue). Congress
can increase tax revenue in one of two ways; increase the tax rate or
increase the tax base. Increasing the

… Read the rest
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The Online Movie Rental Battle

I. Introduction

Should
the concept of movie rentals via the internet be protected by a
patent?  Netflix, Inc. seems to think so.  That is what prompted them
to sue Blockbuster, Inc. for infringing their patents by starting up
Blockbuster Online.  But Blockbuster thinks Netflix has invalid patents
and that the monopolization of the online movie rental business would
not be fair.  These are the issues that recently came up in Netflix,
Inc. v. Blockbuster, Inc.  [1].

II. Analysis

Netflix is suing Blockbuster for infringing their patents by
starting Blockbuster Online which also allows consumers to rent movies
through the internet, similar to what Netflix offers.  [2].  Netflix has two patents that describe methods for renting items for ordering digital video discs (DVDs) via the internet.  [3].  Blockbuster feels there is nothing original about renting movies to customers through the internet.  [4]. 
To obtain a patent, the patentee

… Read the rest
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No One at the Helm: Trustee Appointed to Manage Death Row Records

Suge Knight’s hopes of maintaining control of Death Row Records
during its Chapter 11 reorganization were dashed on July 7, 2006, when
United States Bankruptcy Judge Ellen Carroll placed the company under
the management of a case trustee. Judge Carroll cited gross
mismanagement of the record company’s finances, stating, "it seems
apparent that there is no one at the helm." [1]

The Death Row case illustrates a pervasive tension in corporate
reorganizations: at what point does the interest of the creditors trump
the vested control of management, which may have driven the company
insolvent in the first place? Under certain conditions, the bankruptcy
court has the power to transfer control of the estate from the
debtor-in-possession to a trustee under section 1104(a) of the
Bankruptcy Code. [2]

The Death Row Records Bankruptcy

Rap mogul Marion "Suge" Knight epitomizes the life of ruthlessness
and violence glorified in the gangsta rap genre … Read the rest