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24 Ent. L. Rep. 1 (2002-2003)

handle is hein.journals/enterml24 and id is 1 raw text is: HINTFEILTFAM N~tIINT MAW L iIIULA TIL M~ovies Mtuski F13roadcasting Theater P~ublishing Art Multimedia Sports In this Issue: International Developments 4 Toronto Blue Jays' play-by-play radio announcer Tom Cheek does not have to pay income tax in Canada, because he is a U.S. resident and not a radio artiste, Tax Court of Canada decides 4 European Union directive requires members to adopt (or improve) artist's resale royalty right by January 1, 2006 In the News 6 Movie studios win dismissal of lawsuit based on FTC violence report complaining that ads for R-rated movies are deceptive and misleading Recent Cases 7 Court of Appeals, affirms dismissal of most, though not all, of Playboy's trademark and dilution claims against Tern Welles, ruling that her use of Playmate of the Year and other Playboy marks on her website are non- infringing nominative uses; court also affirms dismissal of Welles' defamation and emotional distress counterclaims 7 Producer of Who Wants to be a Millionaire did not breach contract with contestant by asking question that had two possible answers 8 Nielsen Media not liable to producer of barter-syndicated TV programs for sampling error in measurement of African-American viewers 8 Duke University must pay Heather Sue Mercer almost $2.4 million in damages and fees, because jury found that it discriminated against her on the basis of sex when football coach cut her from team after allowing her to try out 9 Time, Inc., wins reversal of $10.7 million defamation judgment awarded to boxer/actor Tex Cobb based on statements in Sports Illustrated; appellate court finds insufficient evidence of actual malice 9 Court denies Larry Flynt's request for preliminary injunction against Secretary of Defense that would have Volume 24, Number 1, June 2002 allowed Hustler Magazine correspondents to accompany American combat troops in Afghanistan 10 Graphic artist is at least joint author, and maybe sole author, of artworks created for album CD insert and promo postcard 10 Disc jockey company was not entitled to indemnity under advertising injury provision of insurance policy for $650,000 paid to RIAA to settle copyright infringement case resulting from company's distribution of unlicensed compilation discs, appellate court affirms 11 Federal court sends back to state court a TV production company's lawsuit alleging producer of Queen of Swords TV series breached contract for development of proposed series Gitana 11 Chamber orchestra clarinet player was independent contractor, rather than employee, so court dismisses musician's disability discrimination lawsuit 11 Metropolitan Opera must arbitrate former dancers age discrimination claim, New York appellate court affirms 12 Author of Career Misconduct, a book that is critical of owner of Chicago Blackhawks, loses bid to invalidate city ordinance that prohibits sale of book on sidewalk outside Blackhawk's home arena 12 Ordinance restricting street performances in city historic district is constitutional, appellate courts rules in decision vacating injunction won by one-man band 13 Florida Attorney General is enjoined from investigating whether Major League Baseball's decision to eliminate two teams violates antitrust laws, because the business of baseball is exempt 13 Judo associations defeat claim that pre-match bowing requirements violate competitors' rights under laws banning religious discrimination 14 Michigan High School Athletic Association illegally discriminated against girls by scheduling girls' sports to be played during non-traditional or inferior seasons, federal District Court rules (Continued on page 3) I

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