Jack Tadman

GME3: Number Goes Up!, Goodnight TikTok, and Two Copy-Wrongs Don’t Make a Right

For this week’s edition of the GME3 we have a review of iGaming Ontario’s report for Q3 of 2023-24, new social media laws about to come into effect in Utah, and a critical update on Mickey Mouse entering the public domain. Read the full stories below!

 

Gambling

Number Goes Up!

 

iGaming Ontario has released its report for Q3 of 2023-24, and the results are looking great for Canada’s first regulated igaming regime. Among the metrics covered in the report;

 

  • Total wagers rose to $17.2 billion (from $14.2 billion in Q2),

  • Total gaming revenue increased to $658 million (from $540 million in Q2),

  • iGO has registered two additional operators (from 47 to 49), added a new gaming platform to the roster, and

  • Active player accounts increased to 1.2 million (from 943 thousand in Q2).

 

These are pretty significant gains quarter-over-quarter, but some nay-sayers might argue that the increases are due to the beginning of the football, basketball, and hockey seasons. So, for a more accurate comparison let’s take a look at the Q3 numbers from 2022-23 as well. In that quarter;

 

  • Total wagers were $11.53 billion,

  • Total gaming revenue was $457 million, and

  • 36 operators were registered at the time.

 

This comparison shows just how much Ontario’s registered gaming market has grown in the last year – total wagers and revenue increased by 49% and 43% respectively. On top of adding another 13 operators, Ontario is shaping up to be one of the top igaming jurisdictions in North America.

 

Media

Goodnight TikTok

 

In March 2023 Republican lawmakers in Utah signed two new pieces of legislation, scheduled to take effect in March 2024. The laws in question would prohibit minors from being able to use social media apps between 10:30 pm and 6:30 am, require age verification to make an account in the first place, and give increased parental access to children’s social media accounts.

 

Unsurprisingly, these laws have been the subject of a few court cases challenging their constitutionality. However, the legal challenges have not been enough to dissuade Utah lawmakers, and on the first of the state’s legislative sessions of 2024, leaders pledged that they would indeed reinforce these laws once they come into effect. Senate President Stuart Adams had this to say: “We will continue to lead the nation in protecting kids against social media, and we will hold social media companies accountable for the harm that they are inflicting upon our youth. We will stand for our children and proudly fight any litigation.”

 

NetChoice, a trade group that represents social media companies like X, TikTok, and Meta, has argued that the Utah laws specifically around age verification would require users to share too much personal information as part of the registration process.

 

Some civil liberties advocacy groups have also taken issue with these new laws. Among them is the Foundation for Individual Rights and Expression, who argue that, by limiting access to social media, these laws may inadvertently impact users’ rights to free speech as well as access to information. They argue that the laws will disproportionately affect vulnerable youth, who would simultaneously lose access to online communities and confidentiality with their parents.

 

Based on similar laws in other states (which have been temporarily blocked by federal judges) it doesn’t seem very likely that these laws will come into effect on March 1st. A bill has already been introduced to delay the start date to October 2024 instead, and NetChoice has appealed to a federal judge to halt them entirely until the challenges work through the legal system.

 

Entertainment

Two Copy-Wrongs Don’t Make a Right

 

Mickey Mouse (or, as his friends call him, Mortimer) has officially entered the public domain. Specifically, the copyright on the version of Mickey featured in the famous Steamboat Willie cartoon has expired, meaning that anyone in the U.S. can use Steamboat Mickey without copyright infringement (kind of).  It’s important to note that the more modern versions of Mickey, featuring the iconic red shorts, remain protected.

 

The release of this particular copyright has been a long time coming. It was originally set to expire all the way back in 1984, but after extensive lobbying from Disney, the laws were changed in 1976. The new laws extended copyright for the entirety of the original creator’s life plus 50 years. When that date started to get closer Disney successfully lobbied for yet another extension, this time for the creator’s lifespan plus 70 years, up to a maximum of 95 years total.

 

Since the copyright expired, parodies have run rampant, including an independent Mickey horror movie that we’re looking forward to. Unfortunately, we’re unlikely to see red-shorts Mickey entering the public domain any time soon. We can expect the copyright conversation to resurface around the time that particular copyright is set to expire (mark your calendars for 2030), but now Mickey is also protected under trademark, an entirely different type of intellectual property protection that can potentially be held in perpetuity. 

 

So, while it’s now legal to use Steamboat Mickey for parody or otherwise, launching your own line of Mickey/Mortimer merch could still land you in hot water.

GME Law is Jack Tadman, Zack Pearlstein, Lindsay Anderson, Daniel Trujillo, and Will Sarwer-Foner Androsoff. Jack’s practice has focused exclusively on gaming law since he was an articling student in 2010, acting for the usual players in the gaming and quasi-gaming space. Zack joined Jack in September 2022. In addition to collaborating with Jack, and with a keen interest in privacy law, Zack brings a practice focused on issues unique to social media, influencer marketing, and video gaming. Lindsay is the most recent addition to the team, bringing her experience as a negotiator and contracts attorney, specializing in commercial technology, SaaS services, and data privacy. 

 

At our firm, we are enthusiastic about aiding players in the gaming space, including sports leagues, media companies, advertisers, and more. Our specialized knowledge in these industries allows us to provide tailored solutions to our clients’ unique legal needs. Reach out to us HERE or contact Jack directly at jack@gmelawyers.com if you want to learn more!

Check out some of our previous editions of the GME3 HERE and HERE, and be sure to follow us on LinkedIn to be notified of new posts, keep up to date with industry news, and more!

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