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e-Commerce Docket Sheet
Online Promo Music Resales
Fall under First Sale Doctrine
The Copyright Act's first sale doctrine allows an individual to resell promotional music CDs sent to industry insiders, despite the fact that the CDs bore labels with words that purportedly “license” use of the CD by the recipient. UMG Recordings, Inc. v. Augusto, No. 07-03106 (C.D. Cal. June 10, 2008). The court granted the defendant online reseller's motion for summary judgment on the plaintiff-record company's copyright-infringement claim, but denied the defendant's Digital Millennium Copyright Act (“DMCA”) counterclaim for the plaintiff's alleged wrongful takedown notice previously sent to an online auction Web site. Looking to the economic realities of the transaction, the court found that the distribution of the promotional CD provided the recipients with many rights of ownership, including the right to perpetual possession and the freedom from obligations to the plaintiff, making such a distribution a gift or sale, not a license, and thus subject to the first sale doctrine. The court also concluded that, based on the uncertainty of the law in this area, the plaintiff possessed a subjective good-faith belief that its copyright was being infringed when it sent the takedown notice to the online auction site containing the defendant's listing, and was not liable under the DMCA.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
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.
The Article 8 Opt In
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.
Major Differences In UK, U.S. Copyright Laws
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.
Strategy vs. Tactics: Two Sides of a Difficult Coin
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.
Transfer Tax Implications on Real Property Leases
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.