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Entertainment Law & Finance

Volume 27 - Number 5 | May 2012

May 2012 Issue in PDF Format


Second Circuit Revives Copyright Case Against Google, YouTube
By Nate Raymond and Mark Hamblett
Viacom International got a second shot at proving that Google’s YouTube massively infringed its copyrights by hosting clips from shows like The Daily Show and Family Guy without its permission. And whether Viacom and its lawyers succeed or not, they’ve already managed to shape the developing case law over copyrighted content that users illegally upload to the Internet.

Decision of Note Statute of Fraud Bars Agency Counterclaim
By Stan Soocher
The U.S. District Court for the Southern District of New York ruled that the statute of frauds barred a counterclaim alleging breach of an oral agency agreement by songwriter/performer Akon to pay the agency commissions and reimbursement of the musician’s travel expenses.

How Restoring U.S. Protection to Foreign Copyrights Affects Media Uses
By James Trigg and Phillip Rosenberg
Golan’s potential fallout, namely, increased pressure on Congress to enact reforms for "orphan works," which are older and more obscure works with minimal commercial value that have copyright owners who are difficult or impossible to track down.

Five-Factor Test Applied To Subpoenas Seeking File Sharer Identities
By Saranac Hale Spencer
Internet service providers have to disclose the names of their subscribers who are accused of using a file-sharing site to copy a pornographic movie, a federal judge ruled in a copyright infringement suit.

Viacom’s Lawyers In the YouTube DMCA Litigation
By Nate Raymond
Paul Smith of the Washington, DC, office of Jenner & Block wasn’t supposed to be the one standing before a panel of appellate judges last October, trying to convince the U.S. Court of Appeals for the Second Circuit to revive Viacom’s $1 billion infringement suit against YouTube and Google.

Cameo Clips
By Stan Soocher
COPYRIGHT INFRINGEMENT/STATUTES OF LIMITATIONS
FILM ACQUISITIONS/RIGHTS RESERVATIONS


Bit Parts
By Stan Soocher
Artists’ Digital Music Royalty Claims Are an "Open Book Account"
German Distribution Deal Isn’t an "Injury" Within New York State


Upcoming Event
Cutting-Edge Case Developments in Film & TV Law. New York City, May 18.