SCOTUS Rules On “Trump Too Small” Trademark; EU, SAG and FTC Issue AI Guides and Regs; Band Members entitled to SoundExchange Royalties
In this month’s edition of the Entertainment Law Update Podcast, Gordon Firemark and Tamera Bennett discuss SCOTUS and federal court rulings on TTAB decisions trademarks and trademark renewals; Netflix settling an anticipated defamation case with a disclaimer and donation; Individual band members entitled to featured artist royalties payable by SoundExchange; SAG/AFTRA, the EU, and the FTC all have Artificial Intelligence updates and guidance.
This and much more on Episode 169 of the Entertainment Law Update Podcast.
Artificial Intelligence (AI) Corner Update:
SAG-AFTRA Debuts AI Voice Actor Waiver: SAG-AFTRA introduced a new AI waiver allowing voice actors to license their voices for interactive AI systems and commercials, ensuring they can participate in AI-driven projects while protecting their rights.
EU Passes AI Law: The EU enacted regulations classifying AI systems by risk and requiring generative AI systems to disclose the material used for training and label deepfake images, aiming to increase transparency and accountability.
FTC Posts Informal Guidelines for AI: The FTC issued guidelines advising businesses on ethical AI usage, emphasizing the importance of not misleading consumers, or stealing private information in AI applications.
Band Members Entitled to “Featured Artist” SoundExchange Royalties:
The appellate court ruled in Ithier v. Aponte Cruz that members of El Gran Combo, including lead vocalist Carlos Aponte-Cruz, are entitled to royalties as featured artists from digital public performances, contrary to the lower court's decision that favored band founder Rafael Ithier and the corporate entity behind the band. This decision emphasizes that individual band members performing on recordings may be featured artists entitled to statutory royalties from SoundExchange. Ithier v. Aponte Cruz, No. 20-1896 (1st Cir. May 15, 2024).
Griner’s “Success Kid” Lawsuit Prevails over King for Congress
Laney Griner, the copyright owner of the "Success Kid" meme, sued former Rep. Steve King for using a photo of her son converted into a meme and used in King’s 2020 reelection campaign without permission. The court ruled in favor of Griner, emphasizing that the commercial use of the meme for fundraising did not constitute fair use of the underlying copyrighted work, but awarded only $750 in statutory damages. Griner v. King, No. 22-3623 (8th Cir. June 7, 2024).
Trump Too Small Trademark Barred by Supreme Court
The Supreme Court ruled the Lanham Act’s names clause, which prohibits the registration of trademarks that consist of a living individual's name without their consent, does not violate the First Amendment. The decision overturned a lower court ruling, barring Steve Elster's trademark application for the phrase “Trump Too Small” intended for t-shirts. Vidal v. Elster, No. 21-299, 595 U.S. ___ (2023).
Bacardi and Company Limited v. USPTO
The appellate court ruled that federal law does not preclude lawsuits challenging the USPTO's trademark-renewal decisions, allowing Bacardi to contest the renewal of the "Havana Club" trademark by Cubaexport. This decision means Bacardi can seek judicial review of the USPTO's decision to renew Cubaexport's trademark. Bacardi Ltd. v. USPTO, No. 21-2156 (D.C. Cir. March 29, 2024).
Netflix Settles Fairstein Defamation Case
Netflix and Ava DuVernay settled a defamation lawsuit with former prosecutor Linda Fairstein, who claimed she was misrepresented in the series When They See Us. The settlement included moving a disclaimer about dramatization to the beginning of each episode, with Netflix agreeing to donate $1 million to the Innocence Project, but no monetary payout to Fairstein. Fairstein v. Netflix, No. 20-cv-978 (S.D.N.Y. June 20, 2024).
Drone Pilots Join Union
Hollywood's drone pilots will now receive protections and fair wages under the IATSE union agreement, following a favorable arbitration decision for IATSE Local 600. This inclusion ensures better working conditions, benefits, and pensions for drone camera crews in the film and television industry.
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