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Audit clauses are standard in almost every license agreement. They typically provide that the licensor has the right to review the licensee’s records related to the sale of licensed products at least once a year. They also usually provide that if the auditor finds an underpayment of a certain scale (usually around 5%) then the licensee is responsible for the costs of the audit.
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How NY Courts Find Copyright Preemption of State Law Claims
By Stan Soocher
Under §301 of the U.S. Copyright Act, state law claims that are “equivalent” to exclusive rights in copyrights granted by federal law are preempted by the federal statute. To survive preemption, courts consider whether a state law claim in a lawsuit has an “extra element” that qualitatively distinguishes it from a federal copyright claim.
Activision Trial Counsel Discusses Case About Video Game Character
By ssalkin
Activision Blizzard and a trial team led by San Francisco-based Durie Tangri partner Daralyn Durie recently faced down a $400 million copyright suit in the Eastern District of Texas. In this Q&A, Durie talks about the strategy and the theatrics of the four-day trial.
Key Issues In Cyber Insurance Policies
By John Palmeri, Danielle Gardiner and Carlos Rivera
The surge in ransomware attacks has made familiarity with the provisions of cyber insurance essential for professionals in the entertainment industry, which is among prime targets of ransomware operatives.
Baron Cohen Lawyers on Winning Ruling In Judge Moore’s Defamation Suit
By Ross Todd
In a defamation suit brought by former Alabama Chief Justice Roy Moore, a Federal District Judge recently ruled that a release Judge Moore signed prior to his appearance on the satirical Showtime series Who is America? barred precisely the sorts of claims he was bringing. In this Q&A, Baron Cohen's attorneys discuss the case.
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