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Section 181 of the Internal Revenue Code (IRC) was first introduced in 2004 and, with some gaps in time, lasted through its expiration at the end of 2016. It has provided benefits to both producers of movies and television programs (and, for a shorter period of time, to producers of live stage productions) and — under pass-through legal structures such as limited liability companies — to their investors. Now, with the enactment at the end of 2017 of the sweeping new federal tax law, commonly referred to as the Tax Cuts and Jobs Act (the Jobs Act), §181 has been given new life, with a couple of additional benefits and a couple of additional twists.
Perfecting Film Financiers’ Liens in Copyrights
By Bruce Goldner
The law on how to perfect a lien in a copyright application is foggy at best. This article sketches out pitfalls of the current process for perfecting a lien on a copyright application, and potential steps that a financier may take to help perfect and protect a film investment.
Decision of Note: 6th Cir. Says No ‘Magic Words’ to ‘Elect’ Copyright Statutory Damages
By Stan Soocher
The U.S. Court of Appeals for the Sixth Circuit decided that §504 of the U.S. Copyright Act doesn’t require any “magic words incantation” for a copyright infringement plaintiff to choose a statutory damages award, that “[t]he word ‘elect’ does not by itself require formal procedures.”
No Secondary Liability Seen Yet, By Band’s Reps, for Sexual Assault
By ssalkin
A federal judge in Camden, NJ decided that a Christian rock band’s management, talent agent and lead singer weren’t vicariously liable for the sexual assault of a teenage fan committed by a member of the band.
11th Circuit Says Anti-SLAPP Law Doesn’t Belong in Federal Court
By R. Robin McDonald
The U.S. Court of Appeals for the Eleventh Circuit rejected an appeal by CNN to dismiss a libel case over the cable network’s 2015 investigation of infant deaths at a Florida hospital.
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