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Peering Into Copyright Office's Report on Orphan Works
What happens when a party wants to use a photograph, image, writing or other work that may be subject to copyright protection, but cannot identify or locate the original author to secure permission? The dilemma these “orphan works” poses was the subject of a recent 106-page report by the U.S. Copyright Office titled, “Orphan Works and Mass Digitization” (2015 Report) (June 2015). The report has left the creative world abuzz and, in many cases, aghast at the implications of proposed legislation some believe would effectively overhaul the U.S. Copyright Act and permit the use of copyright-protected works without the permission of copyright owners who cannot be identified or located.
Although the 2015 Report includes a proposed legislative framework, its primary purpose was to revisit the orphan works problem in an organized and comprehensive fashion and to solicit comments from the general public.
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.