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Everybody Wants to Direct: The Editing of Motion Pictures in Clean Flicks v. Soderbergh
On July 6, 2006, in Clean Flicks of Colo., LLC v. Soderbergh, 433 F. Supp. 2d 1236 (D. Colo. 2006), the court granted summary judgment to several film studios, holding that the practice of making and distributing edited versions of the studios' motion pictures by the defendants, collectively known as the 'Clean Flicks defendants,' amounted to copyright infringement.
The Clean Flicks court relied heavily upon its conclusion that the defendants violated the plaintiffs' 'right to control the content of the copyrighted work,' which the court reasoned was 'the essence of the law of copyright.' 433 F. Supp. 2d at 1242. The court declined, however, to find that the edited movies were infringing derivative works. In analyzing the right of a copyright holder to prevent modifications to a work, the court presented two contrasting perspectives. While it concluded that there is a very narrow derivative work right, it asserted a broad right of a copyright holder to otherwise prevent modifications to a work.
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.
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.
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.
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.
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.