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Decision of Note: <b>Grateful Dead Photos In Book Is Fair Use</b>
The U.S. District Court for the Southern District of New York decided that incorporating several thumbnail reproductions of concert posters into the book “Grateful Dead: The Illustrated Trip” without a copyright license from the plaintiff archive constituted a fair use. Bill Graham Archives LLC v. Dorling Kindersley Ltd., 03 CV 9507 (GBD).
Looking at the fair-use test of Sec. 107 of the Copyright Act, the district court concluded: “The first factor weighs in favor of fair use since the allegedly infringing work both qualifies as a biography, a presumptively fair use, and does not supplant the market for the original work. … The second factor, the nature of the original work, weighs slightly in favor of the plaintiff since the posters are creative works that have already been published. … However, the third factor, the amount and substantiality of the original taken weighs in favor of defendants [because though 'each piece is reproduced in their entirety, they form only a small part of a book ... and are displayed among hundreds of other images and text']. … Lastly, there is not a substantial effect on the market for the original work since the transformative nature of the use is outside of the ambit of lost licensing opportunities. … On balance, the factors in defendants' favor are controlling … since the purposes of copyright are best served by permitting transformative uses that foster the creation of new works.”
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.