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How Restoring U.S. Protection to Foreign Copyrights Affects Media Uses
Earlier this year, the U.S. Supreme Court issued its 6-to-2 decision in Golan v. Holder, 132 S.Ct. 873 (2012) (http://bit.ly/I9SvPp), ruling that the Uruguay Round Agreements Act of 1994 (URAA) ' which restored U.S. copyright protection for certain foreign works formerly in the public domain ' fits within Congress' constitutional authority to “adjust copyright law to protect categories of works once outside the law's compass.” Golan, like Eldred v. Ashcroft before it, solidified the constitutional authority of Congress under the Copyright Clause to control the terms and duration of U.S. copyright protection.
Following the Supreme Court's decision in Golan, anyone wishing to use foreign works first published abroad between 1923 and 1989 may face increased cost and risk. Some of the renowned authors and creators whose works were first published abroad in this time period ' and whose works enjoy restoration under the URAA ' include M.C. Escher, Federico Fellini, Maxim Gorky, Alfred Hitchcock, C.S. Lewis, Vladimir Nabokov, George Orwell, Sergei Prokofiev, Pablo Picasso, Dmitri Shostakovich, Alexander Solzhenitsyn, J.R.R. Tolkien and Virginia Woolf.
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.
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.