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Entertainment Law & Finance

Volume 25 - Number 9 | September 1, 2010

September 2010 Issue in PDF Format


Clearing Content for Live Venues’ Web Sites
By Michael I. Rudell and Neil J. Rosini
This article discusses issues that arise in the context of organization-commissioned materials by employees and third parties, the use of third-party materials, and privacy and publicity rights of performers and audience members.

Royalty Reduction for English-Titled Songs Is Ruled Contract Breach
By Stan Soocher
The U.S. District Court for the Southern District of New York decided that, in paying reduced royalties for English-titled instrumental versions of songs, Universal breached subpublishing agreements that Brazilian songwriters Antonio Jobim and Vinicius de Moraes entered into with Universal’s predecessors-in-interest.

Unauthorized Uses of Music in Campaign Ads
Lawrence Y. Iser, a partner in Los Angeles’s Kinsella, Weitzman, Iser, Kump & Aldisert LLP, served as attorney for Jackson Browne in the McCain litigation and is counsel to musician David Byrne in a pending action against Florida Governor Charlie Crist that was filed after Crist used the Talking Heads’ song and recording "Road to Nowhere" in Crist’s campaign ad for the U.S. Senate. In the Q&A that follows, Iser responds to questions from Entertainment Law & Finance Editor-in-Chief Stan Soocher about litigation and related issues regarding music in political ads.

Promoter Wins Attorney Fees for Challenging Truth-In-Music Law
By Mary Pat Gallagher
New Jersey will have to pay the legal fees for a music promoter that sued the state to stop it from enforcing its "truth-in-music" law. The U.S. Court of Appeals for the Third Circuit held in Singer Management Consultants Inc. v. Milgram that the promoter, which accused the state of violating its constitutional and trademark rights, was a prevailing party for fee-shifting purposes.

Cameo Clips
By Stan Soocher
COPYRIGHT INFRINGMENT/NON-TRADITIONAL TEST
TRADEMARK INFRINGEMENT/BAND NAMES, ALBUM TITLES


Bit Parts
By Stan Soocher
Being a Principal in Production and Distribution Agreement Makes Artist Subject to Personal Jurisdiction
Complaint over Broadcast Agreement Found Flawed
Filming Dance Competition Is of "Public Interest"