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In this podcast episode, Attorney Tuk discusses the how sporting events at public schools provide the potential for free speech issues to play out right in your own home town. What rights do public school students have on public school grounds? Listen to this episode to find out.
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As we enter September, college football is in the air, along with all the traditions that we have come to know over the past decades. One of the most famous of those traditions - “the 12th Man” concept - belongs to Texas A&M football. This may come as a surprise to the fans of the Seattle Seahawks, but that is neither here nor there.
It is this piece of college football lore that is the center of a recent U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) decision in Canada Hockey LLC d/b/a Epic Sports v. Team A&M University Athletic Department, et al; (5th Cir. 2021; Docket No. 20-20503).
Read more FREE here at Tuk’s Copyright Law Reporter.
The Supreme Court’s unanimous ruling in NCAA v. Alston handed a massive victory to student athletes, and a conclusive rebuke of the NCAA’s anticompetitive practices.
In this episode, Attorney Tuk discusses the #FreeBritney case, guardianship in Pennsylvania in general, and the NCAA name, image and likeness rules.
There was an absolutely astonishing article published last week in the New Yorker written by Ronan Farrow and Jia Tolentino which details allegations surrounding the court-imposed conservatorship over the legal affairs of singer Britney Spears. Click here to read the entire article. The abuses alleged - if true - are absolutely shocking.
If you are wondering how a court can effectively strip an adult of their legal capacity to conduct their own business, you are not alone. Many people are unaware that each state has a mechanism by which a court can impose such an arrangement after a petition has been filed in court, followed by a streamlined litigation process. In Pennsylvania, this mechanism is called Guardianship. A guardianship, if granted, essentially strips an adult of the ability to make decisions over their own financial, business and health matters.
Fortunately, the rules of court that govern Guardianship litigation (known as the Orphans Court rules) are fairly robust and designed to prevent abuse of the system. However, a Guardianship matter is an extremely serious one and if you are involved in such a matter either as a Petitioner or an Alleged Incapacitated Person, you should seek legal advice immediately.
The creation of the Copyright Claims Board (the “Board”) under the Copyright Alternative in Small-Claims Enforcement Act of 2019 (the “CASE Act” or “Act”)) is one of the unexpected byproducts of the Consolidated Appropriations Act of 2021. What follows is a brief summary of the major points of the Act.
There were advocates on both sides of this legislation. Supporting the legislation was Copyright Alliance. Opposing the legislation was the Electronic Frontier Foundation.
As of right now, until the Board is firing on all cylinders, the only way to prosecute a copyright infringement claim is to file a lawsuit in the US District Court. A claimant should be represented by legal counsel who can navigate the federal rules of civil procedure and move the matter forward.
It would seem logical to think that a purpose behind the CASE Act is to create an alternative dispute resolution system for copyright claims to be resolved outside of the federal court system. On the surface, it sounds like a reasonable idea. So far, so good. However, like everything else, the devil is in the details.
You can read my detailed analysis over at Tuk’s Copyright Law Reporter.
For the relevant statutory language, please see below:
CASE Act Excerpt 12292020 by Bryan Tuk on Scribd