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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.
How Will the Music Modernization Act’s Mechanical Licensing Collective Work?
By Chris Castle
This article focuses on managing change for clients affected by the MMA’s government-mandated mechanical licensing collective. In my view, far from putting songwriters on a trajectory away from the government regulation that has oppressed them for generations, the collective imposes an entirely new bureaucracy with potentially significant costs that are not readily apparent.
Author and Licensee Content Rights in Agreements for TV Productions
By Neil J. Rosini and Michael I. Rudell
These times are heady for creators of books and stories that may be suitable for television production. In addition to the traditional broadcast networks, a legion of pay and basic cable exhibitors and, more recently, direct-to-consumer streaming outlets are voraciously licensing product from those creators. Much press is given to the compensation aspects of the creators’ agreements with exhibitors, but attention also should be paid to the extent and duration of the exhibitor’s exclusivity in the property in which rights are being acquired,
Abandonment Defense Stays in Copyright Suit on Filesharing
By Zach Needles
Malibu Media LLC is by now well-known as a frequent filer of copyright infringement lawsuits nationwide against Web users alleged to have illegally downloaded and shared the company’s adult films. But a federal judge in Pennsylvania recently said it should be up to a jury to decide whether the company is entitled to stake a claim to those copyrights in the first place.
IP Provisions in ‘New NAFTA’ Agreement
By Lawrence E. Ashery
With Canada's agreement, the stage was set for the 24-year-old North American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA) to take its place.Among the provisions of note for the entertainment industry, copyright will receive a boost from the USMCA.
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