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The European Commission has accepted commitments made by The Walt Disney Co, NBCUniversal Media, Sony Pictures Entertainment, Warner Bros Entertainment and Sky TV to end the practice of “geoblocking” their content, an agreement that brings to an end a years-long antitrust case. Under the agreement, the studios and Sky UK will open up pay-TV markets, allowing consumers across the European Union (EU) to access to a wider range of content regardless of their location. Previously, the content could only be accessed in the United Kingdom and Ireland.
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By Stan Soocher
In the 1976 Copyright Act, Congress inserted a termination right for authors or their successors for pre-January 1, 1978, assignments of copyrighted works. However, the legislators didn’t directly address a key issue: how to determine termination rights for what are known as “gap grant” works — that is, those created post-1977 under copyright assignments made before then.
COVID-19 and Force Majeure Clauses
By Neil J. Rosini and Michael I. Rudell
The COVID-19 outbreak has wreaked havoc on the entertainment industry. Productions have been halted and distribution channels disrupted. In the midst of this pandemic, one big question for contracting parties is whether force majeure will excuse or postpone a party’s obligations without liability.
FL Federal Court Rules ‘Despacito’ Doesn’t Infringe on ‘Despasito’
By Raychel Lean
Federal Judge Kathleen Williams recently analyzed the hit song “Despacito” in a copyright lawsuit in the U.S. District Court for the Southern District of Florida, when she found its writers had not copied an earlier Spanish song with the same name.
Damages In Trademark Infringement Litigations
By Mark A. Salky and Jessica Johnson Fishfeld
During a time when online marketing, virtual shopping and electronic communication are more widely used than ever, it is critically important for entertainment industry businesses to be highly aware of how they are using trademarks, the scope of a trademark owner’s rights and the consequences of infringing them.
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