Justia U.S. 2nd Circuit Court of Appeals Opinion SummariesArticles Posted in Entertainment & Sports Law
Olson v. Major League Baseball
Plaintiffs, a putative class of fantasy sports players, filed suit alleging claims for fraudulent misrepresentations and omissions, negligent misrepresentations, violations of various state consumer protection laws, and unjust enrichment. Plaintiffs alleged that defendants fraudulently concealed that player statistics were purportedly unreliable because of rule violations in the form of electronic sign-stealing by certain MLB teams during the 2017–2019 baseball seasons. Plaintiffs further alleged that MLB intentionally took no action to address these rule violations in order to protect its financial interest and investment in DraftKings.The Second Circuit affirmed the district court's dismissal of the First Amended Complaint and its denial of plaintiffs' motion for reconsideration, holding that alleged misrepresentations or omissions by organizers and participants in major league sports about the competition itself—such as statements about performance, team strategy, or rules violations—do not give rise to plausible claims sounding in fraud or related legal theories brought by consumers of a fantasy sports competition who are utilizing a league's player statistics.The court also affirmed the district court's order, which concluded that a September 14, 2017 letter from the MLB Commissioner to the New York Yankees General Manager should be unsealed. The court concluded that the district court did not abuse its discretion in unsealing the letter in light of plaintiffs' attempted use of the letter in their proposed Second Amended Complaint and the district court's discussion of the letter in explaining its decision to deny plaintiffs' request for leave to amend in their reconsideration motion, and because MLB disclosed a substantial portion of the substance of the letter in its press release about the investigation. View "Olson v. Major League Baseball" on Justia Law
Electra v. 59 Murray Enterprises, Inc.
Plaintiffs filed suit alleging that defendants unlawfully used photographs of them to advertise strip clubs owned by defendants in violation of New York Civil Rights Law sections 50 and 51. The district court granted summary judgment for defendants, holding that plaintiffs signed full releases of their rights to the photographs.The Second Circuit concluded that the terms of Plaintiff Shake and Hinton's release agreements are disputed material facts, and defendants concede that neither they nor the third-party contractors that created and published the advertisements secured legal rights to use any of the photographs at issue. The court held that the district court erred in granting summary judgment to defendants and in denying summary judgment to plaintiffs on liability. Therefore, the court vacated in part and remanded for further proceedings.The court affirmed in part and held that the district court correctly concluded that plaintiffs had not accepted the offer of judgment because the offer's settlement amount term was ambiguous, the parties disagreed over how to interpret the term, and there was accordingly no meeting of the minds. Finally, the court held that the district court correctly dismissed the Lanham Act, 15 U.S.C. 1125(a), New York General Business Law Section 349, and libel claims. View "Electra v. 59 Murray Enterprises, Inc." on Justia Law
United States v. Gatto
The Second Circuit affirmed defendants' convictions for wire fraud and conspiracy to commit wire fraud in violation of 18 U.S.C. 1343, 1349. Defendants' conviction stemmed from their involvement in a scheme to defraud universities of athletic-based financial aid when they made secret cash payments to the families of college basketball recruits, thereby rendering the recruits ineligible to play for the universities.The court held that the evidence was sufficient to sustain the wire fraud convictions where defendants have not shown that the government failed to present evidence for any rational trier of fact to find, beyond a reasonable doubt, that there was a scheme to defraud. Furthermore, the jury was also presented with enough evidence for a rational trier of fact to find that the Universities' athletic-based aid was "an object" of their scheme. In this case, the jury could have reasonably found that defendants deprived the Universities of property -- athletic-based aid that they could have awarded to students who were eligible to play -- by breaking NCAA rules and depriving the Universities of relevant information through fundamentally dishonest means. The court also held that the district court did not abuse its discretion in its evidentiary rulings and did not commit reversible error in its instructions to the jury. View "United States v. Gatto" on Justia Law
Jackson v. Roberts
Plaintiff Curtis James Jackson III, the hip-hop recording artist known as 50 Cent, appealed the district court's grant of summary judgment for Defendant William Leonard Roberts II, the hip-hop recording artist known as Rick Ross, on the grounds that Jackson's claim of violation of the Connecticut common law right of publicity is preempted by the Copyright Act. The complaint alleged that, on the mixtape entitled Renzel Remixes, Roberts' use of Jackson's voice performing "In Da Club," as well as of Jackson's stage name in the track title identifying that song, violated Jackson's right of publicity under Connecticut common law.The Second Circuit affirmed, holding that Jackson's claim is preempted under the doctrine of implied preemption. In this case, Jackson's Connecticut right of publicity claim does not seek to vindicate any substantial state interests distinct from those furthered by the copyright law, and the policy considerations justifying the doctrine of implied preemption prevail.In the alternative, the court held that Jackson's claim as to the use of his voice on the mixtape is preempted by the express terms of section 301 of the Copyright Act. The court explained that the gravamen of Jackson's right of publicity claim, to the extent it is based on the use of the "In Da Club" sample, is not the use of his identity but rather the use of the copyrighted work itself, and that the focus of his claim therefore comes within the subject matter of copyright. Furthermore, to the extent that Jackson's right of publicity claim is based on the reproduction of a copyrighted work embodying Jackson's voice, that claim is preempted by section 301 because (1) its focus is Roberts' use of a work that falls within the "subject matter of copyright" and (2) it asserts rights that are sufficiently equivalent to the rights protected by federal copyright law. View "Jackson v. Roberts" on Justia Law
Anas Osama Ibrahim Abdin v. CBS Broadcasting Inc.
The Second Circuit affirmed the district court's dismissal of plaintiff's third amended complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), alleging that defendants violated the Copyright Act by copying creative aspects from his unreleased science fiction videogame, including his use of a tardigrade -- a microscopic animal -- traveling in space, in their television series Star Trek: Discovery.Even assuming that actual copying occurred, the court agreed with the district court that plaintiff failed to plausibly allege substantial similarity between protectible elements of his videogame and elements from Discovery. The court explained that, overall, the presence of Ripper the tardigrade in Discovery is minimal, as it only appears in three episodes. Therefore, after extracting the unprotectible elements from plaintiff's videogame -- the scientific facts, general ideas, science fiction themes constituting scènes à faire, and generalized character traits -- the court held that the videogame and Discovery are not substantially similar because the protectible elements are markedly different. View "Anas Osama Ibrahim Abdin v. CBS Broadcasting Inc." on Justia Law
Ronnie Van Zant, Inc. v. Cleopatra Records, Inc.
A 1988 consent order settled a suit brought by plaintiff against past and then present members of the rock band known as Lynyrd Skynyrd, seeking to clarify each party's rights with respect to the use of the name "Lynyrd Skynyrd" and their rights to make films about the band and their own lives.In this case, the Second Circuit vacated the district court's judgment and vacated its permanent injunction prohibiting distribution of a film about the band and other related activities, holding that the terms of the consent order were inconsistent, or at lease insufficiently precise, to support an injunction. The court reasoned that, even though the injunction has allegedly been imposed as a result of private contract rather than government censorship, it nonetheless restrained the viewing of an expressive work prior to its public availability, and courts should always be hesitant to approve such an injunction. The court held that the injunction restricted the actions of an entity that was not a party to the contract that was alleged to be the source of the restriction; Cleopatra in this case. Furthermore, the film told a story about the history of the band, as well as the experience of Artimus Pyle with the band. The court held that provisions of a consent decree that both prohibit a movie about such a history and also permit a movie about such an experience were sufficiently inconsistent, or at least insufficiently specific, to support an injunction. View "Ronnie Van Zant, Inc. v. Cleopatra Records, Inc." on Justia Law
Spinelli v. National Football League
Sports photographers filed suit seeking to recover damages on copyright, contract, and tort theories of liability after the NFL exploited thousands of their photographs without a license and without compensation. The photographers also brought an antitrust challenge alleging that the NFL and AP conspired to restrain trade in the market for commercial licenses of NFL event photographs. The district court dismissed the complaint for failure to state a claim.The Second Circuit held that the photographers' allegations plausibly supported an inference that before the 2012 AP-NFL agreement was signed, AP had not granted the NFL a complimentary license to use the photographers' works, and the NFL knew it. The court vacated the photographers' claims for copyright infringement against AP and the NFL relating to the NFL's use of photographs from 2009 to present; claims for copyright infringement against AP, the NFL, and Replay relating to uses of the photographs in connection with the Replay Photo Store; claims for breach of the implied covenant of good faith and fair dealing against AP; and claims for fraud against AP. The court affirmed in all other respects and remanded for further proceedings. View "Spinelli v. National Football League" on Justia Law
Wilson v. Dynatone Publishing Co.
Plaintiffs, members of a musical group called "Sly Slick & Wicked," filed suit alleging that Dynatone and others collected royalties from the sampling of their song, "Sho' Nuff" in 2013 and that plaintiffs were entitled to those royalty payments. The Second Circuit held that the district court erred in concluding that a repudiation of plaintiffs' claims with respect to the original terms constituted a repudiation of the renewal terms. In this case, plaintiffs did not have reasonable notice that defendants had filed a registration in the capacity of employer for hire. Therefore, the registration did not constitute effective repudiation, triggering an obligation for plaintiffs to bring suit. Accordingly, the court vacated this portion of the judgment. The court affirmed the district court's dismissal of plaintiffs' state law accounting claim for failure to allege a fiduciary duty. Therefore, the court remanded for further proceedings as to plaintiffs' renewal term copyright claims. View "Wilson v. Dynatone Publishing Co." on Justia Law
North American Soccer League, LLC v. United States Soccer Federation, Inc.
The Second Circuit affirmed the district court's denial of NASL's motion for a preliminary injunction seeking a Division II designation pending the resolution of its antitrust case against USSF. Applying the heightened standard applicable to mandatory preliminary injunctions, the court held that NASL failed to demonstrate a clear likelihood of success on the merits of its antitrust claim against USSF under 15 U.S.C. 1. In this case, even assuming that NASL's allegations showed a conspiracy, NASL failed to show that the agreement at issue was an unreasonable restraint on competition under section 1. Accordingly, the court remanded for further proceedings on the merits of NASL's claims. View "North American Soccer League, LLC v. United States Soccer Federation, Inc." on Justia Law
TCA Television Corp. v. McCollum
In this copyright infringement suit, plaintiffs challenged the district court's determination that defendants’ verbatim use of a portion of Abbott and Costello’s iconic comedy routine, "Who’s on First?," in the recent Broadway play "Hand to God," qualified as a non‐infringing fair use. The court concluded that defendants’ entitlement to a fair use defense was not so clearly established on the face of the amended complaint and its incorporated exhibits as to support dismissal. In this case, defendants' verbatim use of the routine was not transformative, defendants failed persuasively to justify their use of the routine, defendants' use of some dozen of the routine’s variations of “who’s on first” was excessive in relation to any dramatic purpose, and plaintiffs alleged an active secondary market for the work, which was not considered by the district court. The court concluded, however, that the dismissal is warranted because plaintiffs failed to plausibly plead ownership of a valid copyright. The court found plaintiffs' efforts to do so on theories of assignment, work‐for‐hire, and merger all fail as a matter of law. Accordingly, the court affirmed the judgment. View "TCA Television Corp. v. McCollum" on Justia Law