Jackson v. Black Ink Tattoo Studio Inc.: Why Consent Forms for Tattoo Artists Are an Indelibly Good Idea

The ability of tattoo artists to protect themselves from negligence lawsuits got a boost from a recent decision of a New York court.  The case of Jackson v. Black Ink Tattoo Studio Inc. drew national interest since the defendants in that case have been featured since 2013 in the VH-1 reality series “Black Ink Crew.”  The plaintiff, who claimed that she traveled all the way from North Carolina just to receive a tattoo from Black Ink in New York City, claimed to have experienced scarring from the application of the tattoo.  Black Ink, who denied the plaintiff’s condition resulted from Black Ink’s work, requires all of its customers to sign a consent form that provides, in part, as follows:

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The Ink Isn’t Dry

TattooStephen G. Rickershauser, a law student at Brooklyn Law School, is GSB’s spring 2016 legal extern working out of its New York office.

What rights based in copyright law does a tattoo artist have in a tattoo itself, and to what extent can an artist use those rights to restrict the rights of others, including the people whose skin has been inked?

In February, Solid Oak Sketches LLC, a company holding the copyrights to eight NBA players’ tattoos, sued the videogame makers of NBA 2K16 in the United States District Court for the Southern District of New York.   The Complaint alleged that the videogame makers, Take Two Interactive Software Inc., infringed on the company’s right to license its copyrights in the tattoo designs when the videogame maker depicted the tattoos in its recent game without the company’s permission.[1]

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Skateboarding Experience Redesigned—Entrepreneur Patents the World’s Only Suspension Skate Truck

Some sports equipment inventions can have a huge impact on safety. In one example, an inventor found a way to improve safety for a skateboard, and, with this new design, the inventor founded a growing and thriving business. Fortunately, he was wise enough to protect the design through timely filing of a patent application.

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New York Attorney General Says Daily Fantasy Sports Contests Are Illegal

Sports Fan unhappyBenjamin Riesenberg is a former Garvey Schubert Barer legal extern who worked out of the firm’s New York office. He was a law student at Brooklyn Law School.

As the popularity of fantasy sports grows, so do the legal issues surrounding the industry.  The main legal challenges facing fantasy sports have been centered on the issue of whether pay-to-play fantasy sports contests constitute illegal gambling.  In 2006, Congress passed The Unlawful Internet Gambling Enforcement Act (“UIGEA”), which created certain guidelines for fantasy sports.  For a pay-to-play fantasy sports contest to be legal under the UIGEA, the fantasy sports game must have a result that is predominantly based on the knowledge of participants as opposed to mere chance. Continue Reading

Eugene Lee Debuts His Book “My Brother’s Keeper: Above & Beyond ‘The Dotted Line’ With the NFL’s Most Ethical Agent”

Eugene T. LeeEugene Lee's book cover, Of Counsel to the Sports and Entertainment practice group of Garvey Schubert Barer and a widely recognized and respected industry expert on NFL player contracts, salary cap, the collective bargaining agreement and athlete branding, has released a book titled “My Brother’s Keeper: Above & Beyond ‘The Dotted Line’ With the NFL’s Most Ethical Agent.”

The book delves into the lives of NFL players at different stages in their careers – from college to the pros, to life after the game. From the locker rooms into the homes of potential and current clients, Eugene brings to view what it takes to keep the dreams of players alive. Eugene also gives insight into how he conducts his business with the same integrity and faith by which he lives. Even though he is touted by some as a real-life “Jerry Maguire,”  his unique, multi-faceted approach and charisma makes him an exciting and fascinating luminary to watch in this industry.

From meeting his first clients on the basketball courts at Notre Dame, Mr. Lee has represented over thirty-five NFL players over the past decade.  From his work for his NFL clients, Mr. Lee has gained a vast understanding and in-depth knowledge of the legal aspects of NFL player representation including the drafting and negotiation of player contracts, injury settlements and endorsement and sponsorship agreements.

To purchase a copy of this book, please click here: http://tinyurl.com/nfq3zlf

Patent Granted for Method of Creating a Music Playlist

Woman with headphones onWe have written in the past about patents in the entertainment field, such as one received by the entertainer Michael Jackson for a shoe for his moonwalking. Patents in the entertainment field can also be directed to devices related to musical instruments, such as tuners or supports, or even new ways of recording. But as the Internet and mobile devices have become more prolific, uses of the Internet and mobile devices lend themselves to new entertainment-related ideas and implementations. Generally, these ideas and implementations have been related to music artists, but these technological developments lend themselves to improvements for fans as well.

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Big Win for FilmOn in Battle for Compulsory License

Online tv programKristyn Fields is a former Garvey Schubert Barer legal extern who worked out of the firm’s New York office. She was a law student at Brooklyn Law School.

Since the Aereo case, the debate over whether online television services should be regulated in the same way that cable providers are rages on in California federal court, with the recent case against the streaming service FilmOn X (“FilmOn”). FilmOn is facing copyright infringement claims from television networks and countering those claims by asserting that it is eligible for the same compulsory license as other broadcast providers. On July 16, 2015, Judge George Wu agreed with FilmOn’s defense, ruling that the company should be treated as a traditional cable provider and is entitled to a Section 111 compulsory license. Continue Reading

Cease & Desist From “Rockin’ in the Free World”: Copyright and Campaign Songs

Copyright protectionDescending into the atrium of the tower bearing his name, Donald Trump prepared to announce his candidacy for president. Blaring above the reporters’ din, Neil Young’s ferociously populist 1989 “Rockin’ in the Free World” ripped through the speakers.

The content of Trump’s announcement raised hackles in at least two countries. Among the incensed was Young himself—icon of the anti-war movement and avowed Bernie Sanders supporter—who had not consented to Trump’s use of his famous rock anthem. Continue Reading

What to Do When Private Moments Become Public

Concept soft blue colored cloud with locked padlockAs boyfriends, girlfriends and the curious-the-world-over google “how to get to the dark web” and “Ashley Madison” in order to find the data dump the Impact Group unleashed on the “dark web” late Monday night, we thought it was a good time to remind the teams that service entertainers and athletes what they can do when your client’s private moments find their way to the very public Internet. Continue Reading

Patent Granted to a High School Basketball Player

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Sports gear is constantly being improved. Athletes and others, such as trainers, spend a considerable amount of time with equipment and are often the sources of new ideas and gear. But with the advent of smart phones, casual athletes can envision new services related to sports, and one of these ideas recently resulted in a granted patent. Continue Reading

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