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The Phonorecord Compulsory License Statute and the Unresolved 'Arrangement Privilege'
The Copyright Act of 1976 reflects a balance of the competing interests of copyright holders and those wishing to build on their existing works. As to composers of music, on one hand it secures to copyright holders the exclusive rights of exploitation in the manners prescribed by Sec. 106 ' for example, to make and distribute phonorecords of the composition or provide for its digital delivery online. On the other hand, the Act recognizes that new creation is often rooted in existing works, and therefore allows a new artist to borrow from existing works in appropriate circumstances without fear of being labeled an infringer.
For over a century, one such “carve-out” from the exclusive rights secured to copyright owners has been the compulsory license in and to musical works, codified at 17 U.S.C. Sec. 115. (The terms “statute” and “compulsory license statute” in this article refer exclusively to Sec. 115.) Yet certain of Sec. 115's parameters have never been clearly defined.
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.