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19 Ent. L. Rep. 1 (1997-1998)

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In this Issue:


Volume 19, Number 1, June 1997


International Cases


4   Band leader Artie Shaw loses lawsuit seeking share of
    profits from Academy Award winning documentary
    about his life; Canadian judge rules that Shaw's agree-
    ment with filmmaker Brigitte Berman did not provide for
    profit sharing, and Shaw did not have right under Cana-
    dian copyright law to be compensated for movie's use
    of recordings of performances he gave more than 50
    years ago

                   Recent Cases

5   NBA wins appeal of ruling that permitted superstation
    WGN to televise 30 Chicago Bulls games a year, and
    that substantially reduced tax Bulls must pay NBA for
    each such game; Court of Appeals decides that NBA
    rules concerning superstation telecasts may not violate
    antitrust laws, because NBA may be single entity for
    TV licensing purposes or because rules are reasonable

6   Claim by Jimmy Merchant and Herman Santiago that
    they co-authored song Why Do Fools Fall in Love? is
    barred by Copyright Act's three-year statute of limita-
    tions, federal appellate court rules

7   Subscription background music license does not
    authorize live or disc jockey performances

7   Parody baseball cards do not violate Lanham Act rights
    of Major League Baseball Players Association because
    they do create likelihood of confusion, and parody
    cards are protected by First Amendment against right
    of publicity claims

8   County law prohibiting sale to minors of heinous crime
    trading cards is unconstitutional

8   Court of Appeals affirms $1.35 million attorneys fee
    award to John Fogerty in connection with his success-
    ful defense of copyright infringement suit filed against
    him by Fantasy; plaintiffs blameworthiness is not a
    prerequisite to awarding fees to a prevailing defendant,
    appellate court rules


9   Federal District Court rules that First Amendment bars
    wrongful death suit filed by relatives of murder victims
    against publisher of books on how to commit murders
    read by victims' killer; case now pending before Court
    of Appeal

9   Appellate court affirms dismissal of libel suit against
    Sheridan Square Press filed by Robert McFarlane, Na-
    tional Security Advisor during Reagan-Bush Admini-
    stration, on account of book entitled Profits of War
    that asserted that McFarlane conspired to delay re-
    lease of American hostages in Iran and was an Israeli
    spy; though Congress later discredited these asser-
    tions, evidence did not show Sheridan Square had pub-
    lished book with actual malice

10 California court has personal jurisdiction over New York
    newspaper and columnist to hear defamation suit filed
    by Berry Gordy, federal Court of Appeals holds

11 Appellate courts affirm dismissal of RICO and defama-
    tion lawsuits against ABC, Diane Sawyer and others
    brought by Reverend Robert Tilton and Word of Faith
    Church, arising out of PrimeTime Live broadcasts; Su-
    preme Court denies cert in Tilton's case

11 NFL Players Association retaliated against one em-
    ployee, though not against two others, by terminating
    her in violation of Title VII

12 Court dismisses suit alleging NFL Players Association
    breached duty of fair representation brought by former
    Green Bay Packer player, because arbitrator had not
    yet ruled on underlying grievance

12 College athlete wins injunction requiring Northwestern
    University to permit him to play basketball, despite risk
    of heart attack, under federal Rehabilitation Act

12 NCAA wins reversal of injunctions that had barred it
    from enforcing its five-year rule in cases filed by ineli-
    gible college football players


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