Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Copyright Infringement/Right To File Suit
A scriptwriter without a legal or beneficial copyright interest who obtained an assignment of a claim for infringement of the script couldn't file an infringement suit, the U.S. Court of Appeals for the Ninth Circuit decided in an en banc ruling. Silvers v. Sony Pictures Entertainment Inc., 01-56069. Nancey Silvers wrote the script for the made-for-TV movie “The Other Woman” as a work for hire for Frank & Bob Films. She later received an assignment from the production company of the right to sue Sony Pictures Entertainment and related entities for alleged copyright infringement by the defendants' film “Stepmom.” Both the district court and the Ninth Circuit denied the defendants' motion to dismiss. But looking at Sec. 501(b) of the Copyright Act of 1976, which gives legal or beneficial owners the right to file an infringement suit, the appeals court stated in its en banc ruling that “under traditional principles of statutory interpretation, Congress' explicit listing of who may sue for copyright infringement should be understood as an exclusion of others from suing for infringement.”
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.