In the United States, Sundays are for professional football. Saturdays are for college football. And Friday nights are for high school football.
Continue Reading Friday Night Laws: A Primer on the Sports Broadcasting Act of 1961
The Federal Trade Commission (“FTC”) set out to modernize the Negative Option Rule promulgated in 1973, now referred to as the “Click to Cancel” rule (the “Rule”), to make it easier for consumers to cancel recurring subscriptions and memberships.[1] We previously provided an in-depth discussion of the Rule in an earlier blog post, which is available here. The Rule was scheduled to take effect on July 14, 2025 after the original compliance date of May 14, 2025 was extended.[2] However, on July 8, 2025, the Eighth Circuit vacated the Rule on the grounds of procedural deficiencies.[3]
Continue Reading Eighth Circuit Says Not So Fast to FTC’s “Click to Cancel” Rule
In February, McNeese State’s basketball manager, Amir “Aura” Khan, rose to fame when a video featuring him went viral on X/Twitter. In the video, Khan led players out of the locker room with a boombox on his shoulder while rapping along to “In and Out” by Lud Foe. The video garnered millions of views and earned Khan name, image, and likeness (NIL) deals with TickPick, Insomnia Cookies, and others in excess of $100,000. Khan’s moment is emblematic of the new age for college sports, where brands seek to engage with prized demographics and student-athletes have new opportunities to benefit from
Continue Reading NIL and Sports Representation: The New Wild West
The Past
Every seven years, the National Basketball Association (NBA) and the National Basketball Players Association (NBPA), the labor union representing NBA players, come together to negotiate a Collective Bargaining Agreement (CBA) that sets out the minimum terms and conditions for all NBA players as well as the respective rights and obligations of the league, its teams, and the NBPA. The CBA’s purpose is to govern crucial issues such as salary structure, revenue sharing, free agency rules, player benefits, disciplinary procedures, dispute resolution mechanisms, and more. By collectively bargaining, both sides operate within the National Labor Relations Act (NLRA) structure,
Continue Reading From Soft Caps to Hard Lines: How the NBA’s Latest CBA Reshapes Spending and Teambuilding Strategy
SB 22, a sweeping film and television incentive bill that dramatically expands the state’s support for the moving image industry, was officially signed into law by Governor Greg Abbott on June 22, 2025.[1] Following the Texas Senate’s earlier 23–8 vote of approval, the House cleared the bill (originally introduced as SB 1) in late May by a wide margin of 112-26, signaling broad bipartisan support for revitalizing Texas as a national production hub.[2]
Continue Reading Texas Rolls Camera on $1.5 Billion Film Incentive Law
The Copyright Act does not expressly address the protection of individual characters in expressive works, but courts have long recognized that certain characters, particularly those with strong visual or narrative identities, may be independently copyrightable. The Ninth Circuit crystallized this principle in DC Comics v. Towle, 802 F.3d 1012 (9th Cir. 2015), where it held that the iconic Batmobile, as depicted in both comics and films featuring the Caped Crusader, qualified as an independently protectable character.
Continue Reading When Is a Car a Character? The Ninth Circuit Revisits Copyrightability in Halicki v. Carroll Shelby Licensing
Introduction
The recent decision by U.S. District Judge Karen Marston in MLB Players Inc. v. DraftKings and Bet365[1] represents a pivotal development in the legal landscape surrounding name, image, and likeness (NIL) rights. The ruling explores critical intersections between publicity rights, commercial speech, First Amendment protections, and the legal boundaries of “news reporting.” The implications extend far beyond baseball, potentially affecting companies using athlete or celebrity NIL in commercial marketing across sports betting, digital advertising, and beyond.
Continue Reading Redrawing the NIL Playbook: Key Legal Takeaways from MLB Players Inc. v. DraftKings and Bet365
The introduction of Senate Bill 630 and Assembly Bill 1138 aims to provide California with a competitive advantage in its quest to retain and bring back production jobs that are vital to the entertainment industry. The bills were introduced by Senator Ben Allen, Assembly Members, Rick Chavez Zbur, and Isaac Bryan, with a focus on job creation and promise to diversify the types of productions that qualify for California’s Film and Television Tax Credit program. SB 630 and AB 1138 will be referred to respective policy committees over the coming weeks. Governor Gavin Newsom has also unveiled plans to more
Continue Reading Keep California Rolling: New Bills Poised to Revitalize Production (in Hollywood)
Texas has long been a hub for film and television production, offering diverse landscapes, a rich cultural backdrop, and some real characters. Back in 2007 the state implemented the Texas Moving Image Industry Incentive Program, which is administered by the Texas Film Commission under the Economic Development and Tourism Division of the Office of the Governor.[1] Allocations have continued to grow ever since.[2] Starting with $20 million in the first year,[3] it is now the largest in state history at $200 million with a 22.5% tax rebate.[4]
Continue Reading Alright, Alright, A Write-Off: Matthew Mcconaughey’s Push for Texas Film Tax Incentives
On October 16, 2024, the Federal Trade Commission (FTC) issued a new rule, referred to as the “Click to Cancel” rule, which is intended to make it easier for consumers to cancel recurring subscriptions and memberships.[i]
Continue Reading Renewal Revolution: Compliance With FTC’s “Click to Cancel” Rule
In a state where the sun always shines, California’s film tax credits seem to be the script for success. On July 10, 2023, Governor Newsom signed legislation to extend and expand California’s $330 million-a-year Film and TV Tax Credit Program 3.0 for an additional five years, meaning the original expiration date of June 30, 2025 has been extended through June 30, 2030.[1] Following this recent expansion, the program, now dubbed “Program 4.0,” has already enticed upcoming productions scouting other locations to reconsider. Colleen Bell, the Director of the California Film Commission, says that just during the first half of
Continue Reading Lights, Camera, Tax Breaks: California’s Updated Film Incentives
In the ongoing legal battle of Yellow Rose Productions, Inc. v. Pandora Media, LLC, a group of high-profile comedians, including Lewis Black, George Lopez, and the estates of Robin Williams and George Carlin, has filed a motion for partial summary judgment claiming that Pandora is infringing on their copyrights by streaming over 2,000 comedy routines without the necessary licenses. In response, Pandora contends that its existing licenses from record labels sufficiently cover these performances. Not only does this case raises critical legal questions regarding the scope of rights necessary to license non-musical content like comedy, podcasts, and audiobooks in the
Continue Reading Funny Business: Comedians Push for Music-Style Licensing
Effective July 1, 2024, new California Senate Bill 478 (SB 478)[1] bans the practice of “drip pricing,” where the price for product or service is advertised without including all mandatory fees and charges that consumers must pay.[2] This law applies to nearly all businesses that sell or lease goods and services to California consumers[3], excluding only commercial transactions and certain industries that are already subject to pricing regulations. The ramifications of SB 478 are likely to significantly impact advertising and pricing practices across various industries, including businesses outside of California.
Continue Reading California’s New Price Transparency Law May Reshape Pricing Practices in Broad Range of Industries
In recent years, the surge in athlete trademarks has marked a strategic shift in how sports personalities approach their personal brands. Having recognized their inherent commercial value, athletes today are viewed as powerful brands with marketable identities.
Continue Reading Guarding the Name of the Game: The Role of Lawyers in Safeguarding Athlete Trademarks
Just like Napster triggered a global, technological shift in the way music is consumed and distributed, we are now on the precipice of another major revolution certain to disrupt the music industry. Artificial intelligence, or “AI” as it is more commonly referred, has quickly emerged as a game changer across a myriad of industries and music is no exception. AI offers the promise of innovative opportunities and avenues for music creation, publishing, recording, synchronization, distribution, consumption and revenue generation. However, these opportunities also present significant, novel challenges for music rights holders and users alike—and the legal challenges have just begun.
Continue Reading Rise of the Machines: How AI is Shaking Up the Music Industry
Now more than ever, access to quality data translates to monetization opportunities and this is especially true in the world of collegiate and professional sports. In the past two decades, data analytic tools measuring athlete health and performance have come a long way, and now, it is not just players or teams that stand to potentially profit. In particular, the advent of wearable technology has produced a sports biometrics boom that could soon become a gold rush for players, teams, universities, and companies looking to use or sell biometric data.
Continue Reading Navigating the Sports Biometrics Boom