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Spring-Summer 2011, Vol. 20-1 1 State Bar of Texas SECTION OFFICERS Entertainment & Sports Law Section Vol. 20 No. 1, Spring/Summer, 2011 CHAIR Don Valdez Phone (817) 291-7021 [email protected] CHAIR-ELECT THE MEDIA FRENZY Mitzi L. Brown Blockbuster Inc. 1201 Elm Street Dallas, Texas 77271 Phone (214) 854-3630 Fax (214) 584-3271 [email protected] SECRETARY Shannon Jamison 3100 Main Street, Ste. 132 Dallas, Texas 75226 Phone (972) 772-9252 Fax (972) 772-3464 [email protected] TREASURER Craig Crafton Cozen O’Conner 1717 Main Street, Suite 2300 Dallas, Texas 75201-7335 Phone (214) 462-3000 [email protected] On Their Toes . IMMEDIATE PAST CHAIR D’Lesli M. Davis Fulbright & Jaworski L.L.P. 2200 Ross Avenue, Suite 2800 Dallas, Texas 75201 Phone (214) 855-8221 Fax (214) 855-8200 [email protected] COUNCIL Terms Expiring 2011 Sally Stacy Emilio Nicolas Jamey Newberg Terms Expiring 2012 Will Colgin Catherine Hough Amy E. Mitchell Terms Expiring 2013 Chris Harrison Sally Helppie Erin Rodgers Ent. Law Institute Director Mike Tolleson 2106 East MLK Blvd. Austin, TX 78702 (512) 480-8822 (512) 479-6212 Fax [email protected] Journal Editor Sylvester R. Jaime 15300 Westheimer Rd., Ste. 105 Houston, TX 77082 (281) 597-9495 . Or Out of Control? (888) 516-4275 Fax [email protected] IN THIS ISSUE: Webmaster Kenneth W. Pajak 1. Chair’s Report . .. .. .. .. .. .. .. .. .. .. .. 2 6. The NFL Network vs Cable Providers ......... 19 3811 Bee Caves Rd., Suite 108 Austin, TX 78746 2. For the Legal Record. .. .. .. .. .. .. .. .. .. 3 7. Controlling The Media Frenzy .. ... ... ... ... ..26 (512) 327-8930 (512) 327-8904 Fax 3. Is She A He? .. ... ... ... ... ... ... ... ... ... ... ... 5 8. Case of Interest .. ... ... ... ... ... ... ... ... ... 29 [email protected] 4. Legal Hits ...................................... 9 9. Recent Sports & Entertainment Law Publications 30 5.Texas Who’s Entertainment Got Next? Theand SportsPost Lebron Law Journal James /Spring/Summer . .. ..11 10. Membership 2011 / Vol. 20 Application / No. 1 ..................... 32 2 CHAIR’S REPORT Dear Entertainment and Sports Law Section Any TESLAW member is welcome. Member: There are excellent opportunities to serve and The Officers and Council Members of TESLAW get involved with committees and planning are excited to invite you to the first-ever the future of the section. Some of the areas TESLAW reception at SXSW. The event in which you can serve are legislative (state will be held from 4:00 p.m. until 6:00 p.m. and federal), merchandising, website design, on Thursday afternoon, March 17, 2011, at social networking, activity planning, marketing the Melting Pot. The Melting Pot is located and more. If you are also interested in the conveniently at the corner of 3rd and Trinity… possibility of serving as a Council Member, right across the street from the Convention please do not hesitate to contact one of the Center. It will be an excellent opportunity to Officers or Council Members. You will find network with fellow entertainment attorneys, our contact information by clicking on the music -business professionals, and artists. Even “About” tab on our web page and then selecting if you are not attending SXSW, as a member of “TESLAW Officers.” TESLAW you are invited to the reception. Our goal is to keep Texas lawyers at the Prior to the reception there will also be a forefront of entertainment and sports law TESLAW Council Meeting at the Texas Law practice. Center, 1414 Colorado Street, from noon to Sincerely, 2:00 p.m. Our topics of discussion will include plans for our council meeting, membership Don Valdez meeting, and CLE Program during the State Bar Chair, TESLAW of Texas Convention in San Antonio this June. Check out the Section’s Website! Check it out at www.teslaw.org. The password for members is “galeria3”. Should you have any comments or suggestions to improve the site please feel free to e-mail Kenneth W. Pajak at [email protected] or the editor at [email protected] … TEXAS ENTERTAINMENT AND SPORTS JOURNAL STAFF Sylvester R. Jaime, Editor Steven Ellinger, Proofing Editor 15300 Westheimer Rd., Ste. 105, Houston, Texas 77082 207 Carmichael Court, League City, Texas 77573-4369 281/597-9495 FAX: 888/516-4275 713/253-1255 FAX: 281/334-0114 E-mail: [email protected] E-mail: [email protected] Professor Andrew T. Solomon, Faculty Advisor Craig C. Crafton, Proofing Editor South Texas College of Law Cozen O’Connor 1303 San Jacinto, Houston, Texas 77002-7000 1717 Main Street, Suite 2300, Dallas, Texas 75201 713/646-2905 FAX: 713/646-1766 214/462-3030 E-mail: [email protected] E-mail: [email protected] Texas Entertainment and Sports Law Journal /Spring/Summer 2011 / Vol. 20 / No. 1 3 court ruled against Harper and she was ordered to pay damages of $27,750.00, or $750.00 per song—37 copyrighted songs. FOR THE LEGAL While, Harper argued that listening to music available free to her RECORD ... and others on the file-sharing sites carried no copyright warnings, the 5th Circuit Court ruled that the copyright notice on CDs was enough Sylvester R. Jaime, Editor to provide Harper with fair warning of the risks of infringing the record companies’ rights. A Recording Industry Association of The Section’s Electronic Journal can be found America spokesperson was quoted as saying “We’re pleased that the on the Section’s Website at www.teslaw.org. U. S. Supreme Court recognized that the law in this area is clear.” To get your copy, go to the Section’s website and download the Journal for your leisure reading. FEDS TARGET WEBSITES DEALING IN Feel free to send your comments to your editor ILLEGAL GOODS! and they will be passed on to the Council. Operation In Our Sites v. 2.0 resulted in the Justice Department and other federal law enforcement agents shutting down web domains Speaking of your Editor, times change and with the coming of trafficking in counterfeit goods or copyright works. Online retailers new technology, it is a good time for a change in editorship of your of sports equipment, shoes, handbags, athletic apparel sunglasses, Journal. Thus, I will be stepping down as editor of your Journal. illegal copies of copyrighted DVD boxes, sets, music Having served as Editor since the Volume 5 No. 1 1995 Winter and software were the targets of the targets of the Issue to Volume 20 No. 2, 2011, I have had the privilege of helping Justice Department and the Department of Homeland provide the Section members with 38 issues of the Journal. Prior Security Immigration and Customs Enforcement. U. to serving, the Journal’s editor was Ronald Kaiser, who served as S. Attorney General Eric Holder issues a statement Editor for Volume 1 No. 1 1989 to Winter Issue Vol. 4 No. 2 1995 that termed the efforts a disruption of “the sale of (11 issues of the Journal). It has been my pleasure serving and hope thousands of counterfeit items, while also cutting off funds to those that the Section members have found each issue informative and willing to exploit the ingenuity of others for their own personal gain.” easy to read. Many of the sites were based in the U.S. but many more were I think that the era of an on-line Journal offers tremendous based overseas, according to the Houston Office of Homeland opportunities for the Section and a new editor to provide a new and Security Investigations. The seizures of the 82 sites included the unique product to the members. If you are interested in serving as shut down of sites such as dvdscollection.com, nfljerseysuply.com Journal Editor please contact me and I will pass on your interest to and handgagspop.com. the Council or you can contact the Section Chair and express your Holder went on to say “Intellectual property crimes are not interest. victimless. The theft of ideas and the sale of counterfeit goods threaten economic opportunities and financial stability, suppress innovation and destroy jobs.” Operation In Our Sites v. 2.0 followed MUSIC INDUSTRY WINS! Operation in Our Sites I, targeted sites dealing in pirated movies. ILLEGAL DOWNLOADER HAS TO PAY! Whitney Harper of San Antonio accessed and shared 37 copyright songs when she was EMPLOYMENT LAW NEWS 16. At the age of 22, she lost when the U. S. Supreme refused to hear her appeal for illegally NBA Collective Bargaining – The current collective bargaining downloading music. Despite encouragement agreement between the National Basketball Associations and its from Justice Samuel Alito, the Supreme Court Players’ Union expires June 30, 2011. At issue, inter alia, are a salary refused to hear the May 2010 appeal from the 5th Circuit Court of cap, length of contracts and guaranteed salaries. The parties are far Appeals. apart, as evidenced by the union rejecting the league’s November Harper, then 16 years old, was sued by Maverick Recording Co., 2010 proposal and the league showing no interest in the union’s UMB Recordings, Arista Records, Warner Bros. Records and Sony counterproposal. The parties scheduled the All-Star weekend of BMG Music Entertainment alleging that she illegally downloaded Feb. 18-20, 2011, in Los Angeles as the next serious effort to reach and shared copyrighted music from Kazaa and other sites. Harper agreement. However, a lockout seems to be the most talked about argued that her acts fell under the “innocent infringement” topic between parties showing little interest in settling their issues defense and she was protected under copyright law as one who before the expiry date for the CBA. unintentionally download copyrighted music. However, the lower Continued on page 4 Texas Entertainment and Sports Law Journal /Spring/Summer 2011 / Vol. 20 / No. 1 4 Continued from page 3 NFL Collective Bargaining - The NFL and its players face a work COLLEGE SPORTS NEWS stoppage with the CBA expiring on March 4, 2011.
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