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Entertainment Law & Finance

Volume 27 - Number 2 | February 2012

February 2012 Issue in PDF Format


Unsettled Issues Are Raised By Bid to Terminate Copyright Grants in Village People Songs
By Michael I. Rudell and Neil J. Rosini
To complement our recent article on the termination of rights under copyright in sound recordings, we focus here on termination of rights under copyright in musical compositions — and particularly on the pending lawsuit in California in which rights in some iconic songs made famous by the Village People are in dispute.

Misrepresentation Claim over Song in DVD Is Dismissed
By Stan Soocher
The U.S. District Court for the Eastern District of Missouri dismissed an unusual "misrepresentation-by-implication" claim brought under the Lanham Act. In the case, the plaintiffs’ composition "I Am the Greatest" had been included in the defendants’ DVD AND1® Mixtape® X.

Recourse Strategies In the New Age of .XXX Domain Names
By Erin S. Hennessy and Jennifer R. Ashton
As the dust settled following the close of Landrush, however, the last (and potentially most contentious) leg of the launch commenced. General availability began on Dec. 6, and .XXX domains are being allocated on a first come basis. Now is the time for trademark, domain name and brand owners to purchase .XXX domains to proactively race to stake a claim in their brand if only as a defensive measure to prevent other domain owners from registering/using their name in a .XXX context. It’s a showdown at the .XXX corral.

Counsel ConcernsSinger Toni Basil’s Malpractice Suit Was Filed Too Late
By Andrew Keshner
Singer Toni Basil’s legal malpractice suit against the attorney and firm who, she argued, did not adequately protect her rights to her 1980s pop standard "Mickey," must be dismissed as time barred, a New York appellate court ruled.

Supreme Court Rules on Copyright Restoration for Foreign Works
By Marcia Coyle
The U.S. Supreme Court has ruled that the Constitution did not bar Congress from extending copyright protection to previously free foreign works, such as Prokofiev’s "Peter and the Wolf."

Bit Parts
By Stan Soocher
Default Against iTunes in Artist’s Download Suit Is Set Aside
Michigan Gets Governmental Immunity in Tax Credit Case
Translation Lyrics Suit Can Be Heard in New York Federal Court, Despite Appeal of Florida Litigation over Same Song