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Articles from Related Newsletters
The DMCA Safe Harbor Provision Is Stronger Than EverInternet Law & StrategyEven as the economy continues to slowly recover from this recession, online sales are still booming, accounting for more than $200 billion over the past year. As the marketplace shifts from the sales counter to the desktop, counterfeiting and software piracy have also shifted to the virtual world. For copyright and trademark owners, this creates a constant stream of newly evolved infringing activities to monitor.
Stop in the Name of — the IP Police?e-Commerce Law & StrategyWhen it comes to infringement of intellectual property, there are no "IP police" hiding in the obscure nooks and crannies of cyberspace to chase down those who misuse property online. Instead, the e-commerce firm itself often must become its own IP cop, when it discovers — as it inevitably will in the online free-for-all — that its marks, copyrighted content or knockoffs of its unique products appear on the Web site or in the e-catalog of a competitor.
When Is a Lease of Personal Property a ‘True Lease’?Commercial Leasing Law & StrategyThis article discusses the advantages and disadvantages of a "true lease" versus a security agreement, the legal considerations in determining how an agreement should be characterized under the UCC, and some interesting recent decisions in this area.
Technology Is a Double-Edged Sword In the CourtroomMedical Malpractice Law & StrategyWhile it can enhance a trial presentation, not every trial will benefit from the use of technology, and in many instances it can be an expensive hindrance rather than an asset. It may be wise to use technology judiciously.
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Headlines
Clearing Content for Live Venues’ Web SitesThis 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 BreachThe 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 AdsLawrence 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 LawNew 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 ClipsCOPYRIGHT INFRINGMENT/NON-TRADITIONAL TEST
TRADEMARK INFRINGEMENT/BAND NAMES, ALBUM TITLES
Bit PartsBeing 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"
September 2010 Issue in PDF Format
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