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Elissa D. Hecker - Editor

Week In Review

By Celine Agard

Edited by Elissa D. Hecker

Entertainment


Judge Refuses to Toss SoundExchange vs. SiriusXM – But Agrees to Shift the Action to New York

A year after the initial lawsuit by SoundExchange against SiriusXM in Virgina regarding inflated revenue in in radio packages and withheld royalties, the judge has agreed with SiriusXM to change the venue of the case to the Southern District Court of New York. During the initial suit, SiriusXM moved to dismiss the case for “lack of personal jurisdiction”, as the company is headquartered in New York City and only employs five Virginia-based employees. Although the court denied the motion to dismiss, the judge stated in her decision that in the interests of justice and convenience of the parties and other witnesses, the case is being transferred to New York.


SoundExchange Sues AccuRadio over Royalties

In a recent lawsuit, SoundExchange accuses digital music streamer AccuRadio of years of unpaid royalties stemming from 2018. According to SoundExchange, AccuRadio paid streaming royalties under a statutory license until 2016, when AccuRadio allegedly slowed down and ultimately stopped royalty payments in 2018. According to SoundExchange, AccuRadio’s radio service directly harms creators through the refusal to pay royalties for the use of protected recordings. AccuRadio did not responded, but stated that users of their service are allowed to skip as many songs as possible and does not include a paid tier along with its ad-supposed offering.


Spotify Urges MLC Lawsuit Dismissal, Defends Bundling Frenzy: “Books are not Music, and Audiobook Streaming is not Music Streaming

After Mechanical Licensing Collective (MLC) brought a complaint against Spotify for unpaid royalties, Spotify has previewed its dismissal arguments in a pre-motion letter to the court. In May, MLC brought a suit against Spotify alleging that the music streaming company’s new audiobook “bundles” don’t constitute multi-package offerings and therefore miscalculate stateside mechanical royalties. MLC further alleged that with this shift, close to 100% of Spotify’s U.S. subscriptions are now classified as bundles. According to the article, the difficulty in Spotify’s unbundled audiobook-free subscriptions has made MLC miss out on $10 million in monthly U.S. mechanicals. In its pre-dismissal letter, Spotify stated that MLC’s effort to rewrite royalty terms that were previously agreed upon with copyright holders should be rejected. Spotify also argued that the window separating the audiobook integration and the actual bundling recalibration on royalty statements is “irrelevant to the legal question”.


NBA basketball teams sued by Kobalt over unlicensed music in social media Posts

Kobalt Music has brought separate lawsuits against multiple NBA basketball teams over allegations of copyright infringement through social media use. In its suit, Kobalt claims that each of the NBA teams has used music in promotional posts on social media without any licenses, authorization or consent to synchronize the music with the videos. Kobalt also claims that through social media marketing campaigns, the defendant teams have exploited the copyrights of artists such as John Legend, Jay-Z, Cardi B, Meek Mill, and their publishers by synchronizing their works with the videos that promote the defendants’ commercial activities


Hollywood Actors to Go on Strike Against Video Game Companies

SAG-AFTRA has called a strike against video game companies using actors' images or voices, following over a year and a half of negotiations. The 160,000-member union will cease work on games from companies like Activision Blizzard and Electronic Arts, seeking higher wages and job protections against AI, similar to demands made in the strike against TV and movie studios last year. The union also calls for improved on-set safety, while the companies claim to have addressed 24 out of 25 union proposals, including wage increases and safety provisions. This strike echoes a similar one in 2016, which lasted nearly a year but had minimal long-term impact on the industry. Major games take years to develop, so the strike's immediate effects on consumers might not be visible for some time.


Dancers Drop Threat to Strike During Paris Olympics Opening Ceremony

After the S.F.A.-C.G.T. labor union meet with the Paris Olympic organizers, dancers in France called off a threat to strike during the opening ceremony of the Paris Olympic Games. Thousands of dancers, musicians, and other performers were expected to line the bridges and banks of the Seine River during the opening ceremony after frustrations of pay disparities. After the meeting, the union claimed a “victory” for the dancers, while the Paris 2024 Organizing Committee called the discussions with the labor union and the dancers “constructive”.


Arts

 

Authors Protest after Taylor & Francis Signs Microsoft AI Deal

An issue regarding an AI partnership between book publisher Taylor & Francis’s parent company Informa and Microsoft may be of relevance to the art and entertainment industries’ efforts to figure out the ethics and logistics of AI deals in the future. This $10 million book publishing deal between Informa and Microsoft provided the technology mogul access to Taylor & Francis’s “advanced learning content and data”. This resulted in many authors protesting the implications from this deal, arguing that they were not given the opportunity to opt out deal and were not receiving extra payments from this deal. This AI arrangement may answer the question of how rightsholders can face consequences and backlash when they don’t get consent from creators for access to their works.


Man Charged in Rushdie Stabbing Is Also Accused of Supporting Terrorism

Hadi Matar, 26, has been charged with federal terrorism-related offenses for providing material support to Hezbollah, an Iran-backed militia, between September 2020 and the day he attacked author Salman Rushdie in August 2022 at the Chautauqua Institution in western New York. The indictment, unsealed by the U.S. District Court in Buffalo, alleges that Matar offered personal services to terrorists when he stabbed Rushdie, blinding him in one eye. Matar, who moved to the U.S. from Lebanon as a child and lived in New Jersey, faces separate charges of attempted murder and assault in Chautauqua County Court.


Heirs of Jews who fled the Nazis Return Art to Heirs Whose Family Could Not.

"Seated Nude Woman," a drawing by Austrian Expressionist Egon Schiele, was returned to the heirs of Fritz Grünbaum, a Jewish art collector killed by the Nazis during the Holocaust. The drawing, previously held by the heirs of a Jewish couple who unknowingly bought it after fleeing the Nazis, was identified as one of many looted from Grünbaum. The return, which took place at the Manhattan district attorney’s office, is part of a broader restitution effort that has seen five museums and four private owners return 11 works once owned by Grünbaum. This case, the largest Holocaust art restitution in the U.S., includes a legal battle over another Schiele piece with the Art Institute of Chicago. Grünbaum's descendant, Timothy Reif, and Manhattan D.A. Alvin L. Bragg, highlighted the importance of this restitution in preserving historical justice.

 

Sports


WNBA’s Popularity Booms, but Money for Players Has Kept Pace

Even though there is money coming to the WNBA from sponsors, ticket sales, and media rights deals, the league’s shaky finances has prevented players from being paid equally to their male counterparts in the NBA. As the league attains more popularity, the WNBA has been making strides to counter this issue for its players, through brand promotions. In recent years, major brands, such as AT&T, Mielle, Opill, New Balance, and Under Armour have been contracting with popular players, such as Kelsey Plum, Marina Mabrey, and Saniya Rivers. The WNBA is also about to see increased revenue from its media rights deal after the NBA reach an 11-year agreement with Disney, Comcast, and Amazon worth about $77 billion. The NBA allocated $200 million per year for the WNBA from this deal. Additionally, it is expected to get at least another $60 million per year from other media partners. However, some players and coaches within the league have been weary of these deals, calling them “lowball”.


U.S. Olympic Committee Sues Logan Paul’s Drink Company

The Olympic Committee filed a lawsuit against Prime Hydration, founded by YouTube personalities Logan Paul and KSI, for trademark infringement for words such as “Olympic” and “Team USA”. The Committee accused Prime Hydration of “willful” and “blatant” trademark infringement and currently seeks all the profits that Prime derived from products exploiting the Olympic trademark. This suit stems from the use of a Prime Hydration drink ad featuring Kevin Durant. According to the lawsuit, the packaging, online ads, and promotions for the drink featuring the Pheonix Suns forward star’s use of the words like Olympic, Olympian, Team USA and Going for Gold used trademarks owned by the U.S. Olympic and Paralympic Committee.


French Alps set to host the 2030 Winter Games as the 2034 bid goes to Salt Lake

The IOC also conditionally approved France's bid to host a future Winter Games, requiring financial guarantees and political stability amid recent French elections. Meanwhile, Salt Lake City secured the bid for the 2034 Winter Games, contingent on the U.S. aligning with World Anti-Doping Agency (WADA) policies. Despite strained relations between WADA and U.S. authorities, the IOC's vote overwhelmingly favored Salt Lake City, recognizing its previous hosting experience. French President Emmanuel Macron assured the IOC of France's commitment and efforts to secure funding and legislative support, while Utah officials celebrated the opportunity to reaffirm the state's status as a winter sports hub.


Adidas removes 1972 Olympic sneaker ads, apologizes to Bella Hadid over Munich massacre associations

Amid backlash, Adidas removed social media ads featuring Palestinian-American model and activist Bella Hadid from its campaign for a reissue of a sneaker designed for the 1972 Munich Olympics, where 11 Israeli team members were killed in a Palestinian terror attack. The company issued an apology to Hadid and other spokesmodels, acknowledging the unintentional mistake and the distress caused by connections made to the Munich tragedy. Reports indicated that Hadid considered suing Adidas for associating her with the massacre, leading to further controversy. Hadid, known for her pro-Palestinian activism, was criticized by Jewish and pro-Israel groups for being an inappropriate choice for the campaign. The incident follows Adidas's previous crisis with Kanye West's antisemitic comments and coincides with plans to honor the Munich massacre victims at the Paris Olympics amid heightened security concerns.

 

Media/Technology


Russia Sentences Alsu Kurmasheva, American Editor, to a Penal Colony.

Russian American editor for Radio Free Europe/Radio Liberty Alsu Kurmasheva was convicted by a court in Russia to six and a half years in a penal colony for spreading false information about the Russian Army. Evidently, the charge of spreading false information is a charge used by law enforcement to silence critics of the war and invasion of Ukraine. In May, President Biden called on Russian President Vladimir V. Putin to release Kurmasheva and expressed that the American government was doing everything to bring her home, along with other American captives in Russia.


Hunter Biden Drops Lawsuit Against Fox News Over Nude Photos

President Biden’s son, Hunter Biden, recently withdrew a lawsuit against Fox News that had accused the network of violating a revenge porn law by sharing explicit photos and videos of him in a mini-series titled “The Trial of Hunter Biden” in 2022. The series imagined a prospective criminal trial of Biden that involved fictional charges and integrated actual nude images of him.


Trump’s Lawsuit against ABC and Stephanopoulos Can Move Forward

A federal judge in Florida allowed former President Donald Trump's defamation suit against ABC News to proceed, rejecting the network's attempt to dismiss the case. The lawsuit claims that ABC's George Stephanopoulos defamed Trump by stating that he had been found liable for raping writer E. Jean Carroll. Trump was found liable for sexually abusing and defaming Carroll, but not specifically for rape under New York law. Judge Cecilia Altonaga ruled that a jury might find sufficient context in the segment to consider it defamatory, thus dismissal was inappropriate. Trump celebrated the decision on Truth Social, while media lawyer Theodore J. Boutrous Jr. criticized the ruling as troubling and against First Amendment principles.

 

The Secret Battle for the Future of the Murdoch Empire

Successful media proprietor Rupert Murdoch is currently involved in a legal battle against three of his children over the future of the family’s media empire. Murdoch moved to change the terms of the irrevocable family trust, ensuring that his eldest son remains in charge of his vast televisions network and newspaper collection. Currently, the trust hands control of the family business to Murdoch’s four oldest children, but after giving Lachlan full power to run the company without sibling interference, Murdoch’s three other children seek to stop this change.

 

Automakers Sold Driver Data for Pennies, Senators Say

General Motors (G.M.) and other automakers have been collecting and sharing drivers' movement and location data through internet-connected cars with data brokers, often without drivers' knowledge. This practice, disclosed in a letter by Senators Ron Wyden and Edward J. Markey to the Federal Trade Commission (F.T.C.), highlights concerns about privacy and data exploitation. Automakers like G.M., Honda, and Hyundai sold driving behavior data to companies such as Verisk, which then sold it to the insurance industry. The letter urges the F.T.C. to investigate the collection and sharing of customer data by the auto industry. Despite recent reports halting some of these data-sharing practices, anonymized location data is still being shared. Critics argue that this data collection is conducted without proper customer consent and is used to generate additional profit.

 

General News  


Election Highlights: Biden Says the Idea of America ‘Lies in Your Hands’

President Biden announced that he was ending his presidential campaign, stating that the time had come to “pass the torch to a new generation”, alluding to the new Democratic candidate Kamala Harris. In this momentous Oval Office Address, Biden expressed his love for America as well as his dedication to political service; he then concluded his farewell speech by praising Vice President Kamala Harris’s political experience and capability to take on the mantle of the presidency. Biden also warned about the threats to democracy and emphasized that the idea of America lies in the hands of the American people.

 

Trump Hones His Attacks on Harris in Speech in Florida

Republican Presidential Candidate Donald Trump targeted Harris at the Believers Summit, a faith-focused conference located in West Palm Beach, Fla. With a majority Christian audience, Trump insisted that Harris would appoint hard-core Marxists into the Supreme Court. Trump implied that she was a threat to Christian values, highlighting her position to protect the right to abortions. To conclude the speech, Trump urged the religious attendees to vote in November, suggesting that if elected in 2024, the concerns of Republicans would be fully addressed and there would be no need to vote in future elections.


How Some States are Making It Harder to Register Voters

LaVon Bracy, who has been registering voters in Florida since the 1965 Voting Rights Act, faces new challenges due to legislation signed by Governor Ron DeSantis imposing strict rules on voter registration drives and hefty fines for violations. This has significantly hindered efforts by groups like Faith in Florida, where Bracy is democracy director, and the Florida League of Women Voters, which have scaled back their registration activities. The law has resulted in a drastic drop in new voter registrations, disproportionately affecting minority groups. While the state defends the law as a measure to prevent fraud, critics argue that it unnecessarily complicates the registration process and discourages civic engagement. Legal challenges against the law are ongoing, and its impact on future elections remains uncertain.


Judge Refuses to Block F.T.C.’s Noncompete Ban as Lawsuits Play Out

A recent decision by a federal judge in Pennsylvania cleared the obstacle to the F.T.C.’s move to ban all noncompete agreements, which prohibit employees from switching jobs within an industry. This decision stems from a lawsuit where ATS Tree Services filed a lawsuit in U.S. District Court for the Eastern District of Pennsylvania. ATS argued that it used noncompete agreements to provide its employees with necessary and valuable training. Judge Kelley Brisbon Hodge ruled that ATS failed to prove that it would suffer an irreparable harm from the rule. This decision vindicates the F.T.C’s authority.


Trump Appeals $454 Million Fraud Judgement, Saying it was Excessive

After Trump was indicted for fraud, his lawyers filed an appeal seeking to dismiss or drastically reduce the $454 million judgement decided against him in a New York civil fraud case. Several arguments were made questioning the judgement of Justice Arthur F. Engoron, who found that Trump conspired to manipulate his net worth and lie about the value of his properties to receive favorable terms on loans. They further claimed that the suit occurred long ago and that the statute of limitations for violations ran out. The purpose of the appeal seeks to support that the former president’s dealings were business related and was not fraudulent. Attorney General Leticia James, who initially brought the case against Trump, countered the appeal, stating that the arguments being raised by the defendants were already decided in the prosecution’s favor. She further expressed that her office will prevail on this appeal.


Judge Who Threatened to Shoot Black Teens Should be Removed, Panel Says.

Justice Erin P. Gall’s position as a State Supreme Court Judge is in jeopardy after body camera footage captured her engaging in a racially offensive exchange with black teenagers. A New York disciplinary panel is advocating for the removal of the Oneida County Judge after she threatened to shoot four black teenagers on the property of a graduation party and expressed to police officers her support for their role in enforcement. The ordeal that prompted the Commission’s action arose from a graduation party that Justice Gall, her husband, and their three teenage children attended.


Breast Cancer Survival Not Boosted by Double Mastectomy, Study Says

A recent study from JAMA Oncology concluded that there is no survival advantage to having a double mastectomy for women who have breast cancer. According to this study, women who had a lumpectomy or a mastectomy and kept their other breast did just as well as women who had a double mastectomy. Evidently the study’s results may not apply to women who have either gene variant BRCA1 or BRCA2, which greatly increases their cancer risk. A double mastectomy may be beneficial for women with these variants.


Planet Sets Record for Hottest Day Twice in a Row

According to data released by the Copernicus Climate Change Service, July 21st and July 22nd were recorded as two of the hottest days on Earth. The European Union climate change institution recorded that Sunday July 21st had a global average of 62.67 degrees Fahrenheit, or 17.09 degrees Celsius while Monday July 22nd recorded a global average of 62.87 degrees Fahrenheit or 17.15 degrees Celsius. These heat recordings have sparked concerns. 2023 and 2024 have seen annual high temperatures, due to the burning of fossil fuels that have changed global seasonal patterns and caused above-average temperatures over large parts of Antarctica. Climate scientists warned that as fossil fuels continue to burn, record-breaking temperatures will become more common and extreme weather such as heavy rainfall or heat waves will only persist.

 

Hochul Faces 2 New Lawsuits Over Her Decision to Halt Congestion Pricing

A coalition of supporters of congestion pricing, including the City Club of New York, Riders Alliance, and two environmental groups, filed two lawsuits against New York Governor Kathy Hochul, demanding that the tolling program move forward. They argue that Hochul exceeded her authority by indefinitely suspending the program, which was approved by the State Legislature in 2019 to reduce traffic and pollution by charging most drivers $15 to enter Manhattan below 60th Street. The lawsuits, filed in New York State Supreme Court, claim that halting the program undermines state efforts to reduce greenhouse gas emissions and violates the Traffic Mobility Act. The suspension, announced by Hochul in June, was intended to avoid potential economic impacts on Manhattan, but has drawn criticism from environmentalists, transit advocates, and economists, as the M.T.A. planned to use toll revenue to secure $15 billion for transit infrastructure improvements.


Oklahoma Superintendent Vows to Force Schools to Teach Bible, Issuing Guidance

Oklahoma State Superintendent Ryan Walters has mandated public schools to teach the Bible, provide teachers with physical copies of the Bible, the U.S. Constitution, the Declaration of Independence, and the Ten Commandments, and integrate biblical teachings into various subjects from fifth through twelfth grades. The mandate, which emphasizes the Bible's historical, literary, and secular value, has been met with significant criticism from school district officials and others, who argue that it infringes on religious freedoms and conflicts with state law granting districts’ authority over instructional materials. Walters asserts that the Bible is essential for understanding American history, while critics warn of potential legal challenges and the mandate's implications on the separation of church and state.


Newsom Orders California Officials to Remove Homeless Encampment

A directive from California Governor Gavin Newson ordered California state officers to start dismantling thousands of homeless encampments. This arose after the Supreme Court gave state governments greater authority to remove homeless people from the streets. Governor Newson’s executive order could potentially divide Democratic local leaders, as some have begun to clear encampments, while other leaders have denounced the decision as an inhumane response to the housing crisis in California. In 2023, an estimated 180,000 people were homeless in the state due to expensive housing costs and a lack of housing rights.


In Win for Uber and Lyft, California Court Upholds Gig-Worker Proposition.

After Proposition 22 was overturned in 2021 by a California Superior Court Judge, that decision was upheld by three appeals court judges to support Uber and Lyft drives as independent contractors rather than employees. This ruling means that Uber and Lyft can continue to regularly operate in California and thousands of their workers can be classified as independent contractors. Uber, Lyft, and Doordash all cheered the decision, saying that the measure maintains flexibility for gig workers and guarantees them some benefits.



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