K&C Sports & Entertainment Law Weekly Roundup - February 2024 #4

Sports:

• The first person charged for violating a 2020 law that forbids conspiracies to taint international sports events through performance-enhancing drugs received a three-month prison sentence. Federal prosecutors used the Rodchenkov Anti-Doping Act to charge Eric Lira, a TX-based therapist, with supplying human-growth hormone and other performance enhancers to a pair of Nigerian athletes who were regulars on NCAA, Olympic and world championship podiums. First-ever Anti-Doping Act conviction nets Texas therapist 3 month prison sentence – Fox News
• Lawmakers struck out again with a proposal to allow betting on VA college sports teams. VA law since 2021 has allowed sports betting through casinos and online sports books like FanDuel and BetMGM, with the exception of wagers on state youth and college sports. Some legislators have gone to bat to change the law. Sen. Schuyler VanValkenburg, D-Henrico, sponsored Senate Bill 124 this session; his second attempt to get the law off the bench. He introduced a similar measure in 2022 as a delegate. Virginia college sports betting proposal off the books for another year – The Virginia Pilot
• In a lawsuit, NY-based Fubo alleges that Disney, Fox and WBD, together with Disney’s ESPN and Hulu, have “engaged in a years-long campaign to block Fubo’s innovative sports-first streaming business resulting in significant harm to both Fubo and consumers.” The complaint alleges that the forthcoming launch of their sports-streaming joint venture, pegged for the fall of 2024, “steals Fubo’s playbook” and violates antitrust law. Fubo Sues Disney, Fox and Warner Bros. Discovery Over Their Planned Sports Streaming Venture, Alleging It Violates Antitrust Law – Variety
• The Court of Arbitration for Sport (CAS) said it has dismissed an appeal from Russia against an International Olympic Committee (IOC) suspension for recognizing regional organizations from territories annexed from Ukraine. The IOC banned the Russian Olympic Committee (ROC) in October for recognizing regional Olympic councils for Russian-occupied regions of Ukraine – Luhansk, Donetsk, Kherson and Zaporizhzhia. Olympics-Russia loses appeal against IOC ban – Reuters
• The Emerald Necklace Conservancy and some Boston residents are suing the city over the proposed privatization of the White Stadium in Franklin Park – which could become the home for a new professional women’s soccer team. In the lawsuit, the conservancy and 15 residents expressed concerns about the project, including the “unconstitutional privatization of public land,” “absence of a realistic transportation plan for 20 annual game days” and “lack of adequate community input throughout an incredibly fast-moving redevelopment process.” Lawsuit filed to stop Boston’s White Stadium pro soccer project – MSN
• Legislative leaders have agreed to use hundreds of millions of dollars in gambling money to help pay for further expansion of a state wildlife corridor and other environmental projects. The Senate Fiscal Policy Committee and the House Infrastructure Strategies Committee last week approved identical bills (SB 1638 and HB 1417) that, in part, would provide $100 million a year for the wildlife corridor, a priority of Senate President Kathleen Passidomo, R-Naples. Florida lawmakers look to use gambling money for environment projects – Tampa Bay Times

NCAA:

• A federal judge in TN granted a preliminary injunction that prohibits the NCAA from punishing any athletes or boosters for negotiating name, image and likeness deals during their recruiting process or while they are in the transfer portal. NCAA can’t enforce NIL rules after judge grants injunction – ESPN
• EA Sports has explained that all 134 FBS teams will be in new NCAA football 2025 video game with approximately 11,000 players expected to be included. Each player who opts in will receive $600 plus a copy of the game. If a player decides to not give their NIL rights to EA Sports, they will be filled in on the team’s roster with a generic avatar. CFB Players Offered $600 to Be Featured in EA Sports College Football 25 Video Game – Bleacher Report

NBA

• A FL man has brought a state court lawsuit alleging negligence against Miami Heat forward Haywood Highsmith Jr., saying his leg was partially amputated as a result of a vehicle crash caused by the professional basketball player earlier this month. Miami Heat Player Sued After Man’s Leg Amputated In Crash

Entertainment:

MUSIC

• Cox Communications Inc. is liable for contributing to copyright infringement against Sony Music Entertainment and others, but a VA federal court went too far by applying vicarious liability as well and needs to redo its $1 billion damages determination, the 4^th Circuit ruled. Cox Communications wins order overturning $1 billion US copyright verdict | Reuters
• The 5^th Circuit ruled against an artist who claims Nickelback ripped off his song for its 2005 hit “Rockstar,” saying that singing about making lots of money or referencing sports are rockstar clichés and does not show a striking similarity. Nickelback ‘Rockstar’ Lawsuit: Appeals Court Sides With Band Over Song (billboard.com)
• A NY federal judge tossed a former teen model’s sexual assault lawsuit accusing Aerosmith front man Steven Tyler of groping and kissing her in public without her consent, finding that the lawsuit is untimely and doesn’t allege a “serious risk of physical injury” to state a claim. Aerosmith’s Steven Tyler wins dismissal of sexual assault lawsuit | Reuters
• R. Kelly’s bid to unwind his conviction and 20-year sentence on child pornography and inducement charges received skepticism from one 7^th Circuit judge, who at one point warned the artist could be “worse off” by winning his appeal. R. Kelly argues Chicago prison sentence is too long, but judge warns he could wind up ‘worse off’ – Chicago Sun-Times (suntimes.com) Meanwhile, IL appellate court has thrown out a $4 million default judgment won by a woman who claimed the disgraced singer physically and sexually abused her, saying certain procedural rules were not appropriately followed. R Kelly victim’s $4 million judgement overturned on procedural grounds (completemusicupdate.com)
• The manager of The Doors and Jefferson Airplane testified in a CA federal breach of contract trial between former Supertramp members that the songwriting royalty agreement at the center of the case looks like a “smart move” and that songwriters often share royalty proceeds with non-writing band members. Supertramp Royalties Deal ‘Smart Move,’ Doors’ Manager Says – Law360 The judge in that case also denied a request by former band member Roger Hodgson to play his guitar on the witness stand, saying it isn’t relevant in a breach of contract case and that the trial “isn’t MTV Unplugged.” ‘This Isn’t MTV Unplugged’: Guitar Banned At Supertramp Trial – Law360

FILM & TELEVISION

• Former Rep. George Santos has accused Jimmy Kimmel of tricking him into recording phony Cameo request videos so the late-night host could air them and make fun of him on his show, according to a complaint alleging Kimmel, ABC and Disney are liable for copyright infringement, fraudulent inducement and other claims. George Santos sues Jimmy Kimmel after being ridiculed for Cameo videos – The Washington Post
• The actor who played Henry “Wolfman” Ruth in the original Top Gun claims Paramount Pictures used his image in key scenes of the recent sequel Top Gun: Maverick without his permission and compensation, according to a lawsuit filed in CA federal court. ‘Top Gun’ actor sues Paramount over use of his image in sequel (ew.com)
• NBCUniversal Media cannot escape a trademark infringement claim in a dispute over royalty payments for its use of the iconic DeLorean DMC-12 sports car on Back to the Future merchandise, a CA federal judge ruled. NBCUniversal must face DeLorean trademark trial over ‘Back to the Future’ merchandise | Reuters
• A NY state appellate court gave Lifetime the green light to air its docuseries on talk show host Wendy Williams, finding that a temporary restraining order that would have blocked the series’ premiere was a violation of the First Amendment. Wendy Williams documentary will still air this weekend after legal guardian files lawsuit against Lifetime’s parent company | CNN
• A federal judge told the granddaughter of one of the Oscar-winning songwriters behind “Que Sera, Sera” that she should have simply said whatever will be, will be in a feud with her mother over splitting royalties that were already decided by a probate court over two decades ago. Mother Defeats Daughter’s ‘Que Sera, Sera’ Royalties Suit – Law360