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Articles from Related Newsletters
Online Exclusive: Comcast and Pando Networks to Create Peer-to-Peer Bill of RightsInternet Law & StrategyComcast Corporation and Pando Networks, Inc. announced late last month that they will lead an industry-wide effort to create a peer-to-peer Bill of Rights and Responsibilities (BRR) for P2P users and Internet Service Providers.
Who Owns the Web Site? Preventing Disputes Between You and Your Web DesignerThe Intellectual Property StrategistHiring an outside Web designer can be an efficient and effective way of ensuring a high-quality Web site for a company. However, when the relationship with the designer ends, the question of who owns the copyright in the Web site can lead to contentious and costly litigation.
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e-Commerce Meets American Idole-Commerce Law & StrategyWith review sites, blogs and commentary appearing everywhere online and who knows if anyone other than these sites creators read them lets examine the legal implications of online commentary, everything from writing a review of a book you love on Amazon.com, to registering a domain name and creating a Web site.
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Headlines
How Courts Are Defining Distribution In Peer-to-Peer File-Sharing LawsuitsIn the entertainment industrys efforts to stem the infringement of sound recordings and motion pictures on the Internet, more than 20,000 infringement actions have been commenced against individuals, mostly in connection with their use of peer-to-peer (P2P) services to share recordings with other P2P users. The legal basis for these actions is often misunderstood, however, by commentators and sometimes even by the courts. This article discusses several recent P2P cases that deal directly with a central element of most P2P cases, namely the allegation that users violate the plaintiffs distribution rights under 17 U.S.C. Sec. 106 whenever they place a digital recording or video in a share folder that other P2P users can access.
Case on DAs Movie Input, Book Is at CA High CourtWhen their 15 minutes of fame came, two Santa Barbara County prosecutors didnt shy away one authored a book based loosely on a rape case she was handling and the other consulted on a movie about an alleged killer he was trying to bring to justice. But their foray into the entertainment world went awry in October 2006 when a state appellate panel threw both prosecutors off their cases. Joyce Dudleys novel, Intoxicating Agent, hewed far too close to her real-world rape case, the court held, while Ronald Zonen shouldnt have allowed producers of the movie Alpha Dog access to highly sensitive files in his sensational death-penalty case. As a result, the court ruled, keeping the prosecutors on the cases would deny both criminal defendants a fair trial.
Decision of Note: Video License Encompassed Mobile DeliveryThe Appellate Court of Illinois decided that a license to use the trademark March Madness to advertise, promote, and sell publications, videos, and media broadcasts included the right to deliver on-demand video content to mobile wireless devices.
Hollywood Ties to Anti-Piracy Push Across IndiaA robust local film industry has kept American films on the margins in India. Foreign films account for only 3% of the market in India, compared to European countries, where American movies account for between 70% and 95% of films shown. So if the United States wants to make a point about film piracy in India, it needs to show Indians that piracy hits the market for their own films, not just those of foreign companies.
L.A. Litigator James Curry Joins Sheppard MullinA founding partner of one of L.A.s few remaining litigation boutiques has jumped to Sheppard, Mullin, Richter & Hamptons Century City office. Entertainment litigator James Curry took his name off the door of White OConnor Curry, a Century City firm that spun off of what is now Christensen, Glaser, Fink, Jacobs, Weil & Shapiro in an acrimonious split more than a decade ago.
Cameo ClipsCHARACTER RIGHTS/COPYRIGHT TERMINATION FILM PRODUCTION/COPYRIGHT CLAIMS FILM PRODUCTION/RIGHT-OF-PUBLICITY RIGHTS IN BAND NAMES/TRADEMARK CLAIMS
Bit PartsArtist Consultant/Unfair-Competition Claim Insurance/Intra-Band Litigation Royalty Complaint/Ringtone and Download Licenses TV-Affiliation Agreements/Promotional Payments
May 2008 Issue in PDF Format
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