Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Trying to Determine Rights in Pre-1972 Sound Recordings
Audio recordings of speech, musical instruments or any other sounds created before Feb. 15, 1972, are treated very differently from other recorded sounds under U.S. law. Each of the 50 states is free to apply its own rules to the protection of audio sound recordings made before Feb. 15, 1972, and may continue to do so for the next 54 years. As a consequence, the scope of protection for pre-1972 sound recordings is inconsistent from state to state, often vague and sometimes difficult to discern. In contrast, sound recordings made on and after Feb. 15, 1972, are governed by the U.S. Copyright Act, which imposes uniform treatment nationwide. The discrepancy is explained by the fact that Congress never saw fit to bring domestic pre-1972 sound recordings within the scope of federal copyright protection. (Certain pre-1972 sound recordings of foreign origin were given U.S. federal copyright protection beginning in 1996 under the 1994 Uruguay Round Agreements Act in order to comply with U.S. treaty obligations.) As a result, online radio stations, documentary film makers, archivists and others who copy, publicly perform, excerpt or adapt such sound recordings are exposed to uncertainty and confusion.
Sound Recordings'Copyright History
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.
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.
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.