Fair Use in the World of Ballet Competitions

Long before I was an aspiring attorney, I was a ballet dancer. My childhood was spent in a dance studio—working, sweating, dreaming, learning, and, eventually, choreographing. My falls and springs were spent in my home studio while my summers were spent at ballet intensives—ten week long programs where young dancers go to learn from the best and dance eight hours per day. We took regular dance classes as well as partnering classes and variations classes. Variations are classical ballet solos that have been passed down through generations of ballet dancers and, while intricacies may vary (hence, “variation”) from performance to performance depending on a specific dancer’s strengths, there are always parts that stay the same; it is classical ballet after all. Every ballet dancer worth their rosin will recognize Odile’s developés in Swan Lake, the unique upper body choreography in Nikiya’s variation from La Bayadere, and the tambourine kicks from La Esmeralda. While I never competed in national or global classical ballet competitions, I remember watching videos of dancers my age performing the same variations on the iconic Youth America Grand Prix and Prix de Lausanne stages. Once my dancing days were over and I moved on to training my brain more than my feet, I began studying copyright law.  I remember being taken aback during a lecture when my professor first said that choreographic works are protected under US Copyright Law.  How could this be?  It is custom within the ballet world for choreography to be spread around from one group of dancers to another.  Generally, unless explicitly told otherwise, once you are taught a piece you may teach it to others.  Had dancers been breaking copyright law?  Could I and every teacher at those intensives be sued for copyright infringement? … More Fair Use in the World of Ballet Competitions

Naked Baby Sues Nirvana

In 1991, Kurt Cobain and his band Nirvana released Nevermind, an album that has garnered over 26 million sales worldwide since its release.  The band hired Robert Fisher as an art director to assist in the album’s cover art design.  According to Fisher, Nirvana wanted images of nude babies on the album cover.  Pursuant to this desire, Kirk Weddle was hired to photograph multiple babies for the cover art.  Weddle reached out to a family friend, Rick Elden, and asked Elden if he wanted to make $200.  Weddle then took naked photographs of Rick Elden’s son, Spencer Elden, who was only 4 months old at the time of the photoshoot.  One of the pictures showed a naked, underwater Spencer Elden reaching for a dollar bill dangling from a fishhook in front of his nude body with his penis explicitly displayed.  Fisher and Cobain decided the picture was what they were looking for and, as a result, distributed the nude photograph of Elden worldwide as the cover art for Nevermind.  As a result of being chosen for the album’s cover art, the Elden family was sent a platinum album award, which the family sold for $4,500 in a 2015 auction. In August of 2021, Spencer Elden filed a complaint against Nirvana, the estate of Kurt Cobain, Robert Fischer, and other Nirvana band members alleging that he has suffered and will continue to suffer lifelong damages as a result of Nirvana using his nude photo to promote its band and album. … More Naked Baby Sues Nirvana

Live Nation Entertainment Once Again Accused of Monopolizing Entertainment Industry Through Anti-Competitive Practices

In 2010, Ticketmaster and Live Nation merged to form Live Nation Entertainment, Inc. Prior to the two corporations’ merger, Live Nation was considered the “world’s largest concert promotion company,” and Ticketmaster was deemed a “ticketing giant.” Specifically, Ticketmaster held power over approximately seventy percent of the United States ticket market, and Live Nation put on around twenty-two thousand events per year with more than fifty-million people attending those events annually. Moreover, Ticketmaster owned the controlling interest in Front Line Management, the “leading artist management firm,” that was founded by Irving Azoff, Ticketmaster’s Chief Executive Officer. Once the two companies officially merged, Live Nation Entertainment became regarded as “the world’s largest concert promoter.” … More Live Nation Entertainment Once Again Accused of Monopolizing Entertainment Industry Through Anti-Competitive Practices