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  • | Entertainment Law & Finance

    DMCA Filmmakers Exemption Expanded

    December 01, 2018 |

    Digital Millennium Copyright Act exemptions aren't just for documentary filmmakers anymore. The U.S. Copyright Office and Library of Congress has broadened a DMCA exemption to now allow more filmmakers to circumvent anti-copying technology and rip short video clips for purposes of commentary and criticism.

  • | Entertainment Law & Finance

    How Will the Music Modernization Act's Mechanical Licensing Collective Work?

    December 01, 2018 |

    This article focuses on managing change for clients affected by the MMA's government-mandated mechanical licensing collective. In my view, far from putting songwriters on a trajectory away from the government regulation that has oppressed them for generations, the collective imposes an entirely new bureaucracy with potentially significant costs that are not readily apparent.

  • | Entertainment Law & Finance

    IP Provisions in 'New NAFTA' Agreement

    December 01, 2018 |

    With Canada's agreement, the stage was set for the 24-year-old North American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA) to take its place.Among the provisions of note for the entertainment industry, copyright will receive a boost from the USMCA.

  • | Entertainment Law & Finance

    Abandonment Defense Stays in Copyright Suit on Filesharing

    December 01, 2018 |

    Malibu Media LLC is by now well-known as a frequent filer of copyright infringement lawsuits nationwide against Web users alleged to have illegally downloaded and shared the company's adult films. But a federal judge in Pennsylvania recently said it should be up to a jury to decide whether the company is entitled to stake a claim to those copyrights in the first place.

  • | Entertainment Law & Finance

    Author and Licensee Content Rights in Agreements for TV Productions

    December 01, 2018 |

    These times are heady for creators of books and stories that may be suitable for television production. In addition to the traditional broadcast networks, a legion of pay and basic cable exhibitors and, more recently, direct-to-consumer streaming outlets are voraciously licensing product from those creators. Much press is given to the compensation aspects of the creators' agreements with exhibitors, but attention also should be paid to the extent and duration of the exhibitor's exclusivity in the property in which rights are being acquired,

  • | Entertainment Law & Finance

    Bit Parts

    December 01, 2018 |

    Phil Everly's Family Time-Barred From Claiming Co-Ownership of “Cathy's Clown” Song Copyright With Brother Don
    Newsworthiness and Public Interest Exceptions in Indiana's Right-of-Publicity Statute Apply to Fantasy Sports

  • | Entertainment Law & Finance

    New York State's Latest Ticket Sales Reforms

    November 01, 2018 |

    The majority of these recent amendments become effective on Dec. 28, 2018. Many of these reforms appear to be in direct response to concerns expressed in 2016 by the New York Attorney General (NYAG), yet the changes do not appear to be as sweeping as the NYAG had sought.