Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Declaratory Copyright Complaint Can Be Amended After Plaintiff Film Company Secures Financing
The U.S. District Court for the Southern District of New York allowed a film company to amend a declaratory action for copyright non-infringement, after the company secured financing for its production. Effie Film LLC (EFL) v. Murphy, 11 Civ. 783. EFL sought a declaratory ruling that actress/screenwriter Emma Thompson's screenplay Effie ' about a love triangle among historical art figures John Ruskin, Euphemia (Effie) Gray and John Everett Millais ' didn't infringe on Gregory Murphy's screenplay and playscript The Countess. Murphy moved to dismiss on the ground that the court lacked subject matter jurisdiction because the film hadn't yet been produced. But after production of the film was completed, EFL moved to amend its complaint to reflect that. District Judge Thomas P. Griesa noted: “There is no indication that EFL acted in bad faith in pursuing this amendment. Rather, EFL reasonably seeks to update its complaint to reflect recent significant factual developments in an effort to cure what Murphy claims are jurisdictional defects. The court also is not persuaded that Murphy would be prejudiced by allowing EFL to amend its complaint. There has been no discovery in this case and Murphy may, of course, file any appropriate motions attacking the jurisdictional basis or merits of EFL's amended complaint.”
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
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.
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.
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.
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 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.