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It’s not uncommon for rights licensees in the entertainment industry to find themselves in a rights dispute when a licensor files for bankruptcy. Section 365(a) of the Bankruptcy Code allows a Chapter 11 debtor, subject to court approval, to assume or reject any executory contract. While a rejected contract leaves the non-debtor party with a pre-petition damages claim for breach of contract under §365(g), it does not allow it to compel the debtor to continue performing. However, under §365(n), if the contract at issue is one “under which the debtor is a licensor of a right to intellectual property,” the licensee may elect to “retain its rights … to such intellectual property,” thereby preserving its ability to continue using the licensed IP.
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By Stan Soocher
The U.S. Copyright Act states that a civil copyright action must be filed within three years of its accrual. How this applies to copyright infringement and to copyright ownership claims, including in the same case, isn’t always clear. But two recent federal appeals courts decisions have provided guidance on the differences in accrual for each of these copyright claims.
By Dylan Jackson
As millions of Americans turned to television and movies for diversion and comfort amid the coronavirus pandemic and resulting business shutdowns, the companies that create that content were left scratching their heads about how to resume business safely when they are allowed. Davis Wright Tremaine launched a new group in hopes of providing the answers.
By Jenna Greene
Latham & Watkins partners Michele Johnson and Jamie Wine turned the tide for the U.S. Soccer Federation in a high-profile — and highly sensitive — wage discrimination lawsuit by the U.S. Senior Women’s National Team. In this Q&A, Johnson and Wine discuss their perspective on the case
By Sidney S. Fohrman and Ariel D. Shpigel
After over a year-and-a-half of lobbying efforts by the music industry and negotiations with lawmakers, it was recently announced that AB5 would be amended to accommodate musicians’ unique niche in the California economy.