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Copyright registration is not mandatory to obtain rights in the United States, consistent with the rest of the world, under the Berne Convention. The owner of a work is entitled to mark the work “© [owner] [date]” to provide notice of ownership, regardless of registration status. A federal copyright registration is only required to enforce rights in U.S. courts. So why register early? U.S. law contains some valuable incentives to encourage copyright registration. An owner who timely registers is eligible to recover statutory damages (if desired) and attorney fees, in addition to obtaining an injunction. A copyright owner who registers more than three months after publication and after infringement commences, can still seek an injunction, but monetary recovery is limited to actual damages.
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Force Majeure Clauses Are Taking Center Stage In Uncertain Times
By Michelle Davis
Force majeure is lurking in the shadows of the Hollywood strikes, offering struggling studios a potential lifeline out of debt. But the best attorneys and the strongest contracts are proactive, rather than reactive. Thus, consider the following drafting tips to strengthen your force majeure language now, in the calm before the next storm.
Impact of New U.S. Guidance for O-1B Visa On TV and Movie Industries
By George Ernst
This year’s update from the U.S. Citizenship and Immigration Service for O-1B visa petitions has knock-on effects for the movie and TV industries. The update has clarified the correct standard of adjudication for an individual with both elements of an O-1B artist and O-1B motion-picture-and-television-industry (MPTV) classification, meaning situations where a foreign national will be working in the U.S. as an artist, but some of their work will be in MPTV.
Termination Notices and Copyright Act Claims Accruals
By Thomas Kjellberg and Robert W. Clarida
Termination is not automatic. It may be effected only through affirmative action on the part of the author or his or her statutory successors, who must serve an advance notice, signed by or on behalf of all of those entitled to terminate the grant, on the current copyright owner within specified time limits and under specified conditions.
By Entertainment Law & Finance Staff
A look at moves among attorneys, law firms, companies and other players in entertainment law.
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