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A federal judge has sided with the Association of American Publishers (AAP), finding in June that a recently enacted Maryland library e-book law conflicts with federal copyright laws. Association of American Publishers Inc. v. Frosh, 21-3133 (D. Md. 2022). The AAP, the national trade association for the publishing industry, filed a lawsuit against Maryland Attorney General Brian E. Frosh in his official capacity following the passing of legislation, Md. Code Ann., Educ. §§23-701 and 23-702, requiring publishers to offer to license copyrighted electronic literary products, like e-books and audiobooks, to Maryland public libraries and to ensure the terms of such licenses to be fair.
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By Stan Soocher
A recent New York federal court decision in a dispute between a broker that sublicenses program content and a broadcaster that sublicensed content from the broker considered the interaction of contract language and extra-contractual elements of the parties’ relationship to determine whether a fiduciary relationship existed.
By Avalon Zoppo
In a move of keen interest to the entertainment industry, the full U.S. Court of Appeals for the Ninth Circuit has agreed to review whether a judge’s denial of a motion to strike a California Strategic Lawsuits Against Public Participation suit can be immediately appealed by the defendant who claims the case was brought solely to chill its speech.
By Jonathan Moskin and Rachel Pauley
The emerging cases by authors and copyright owners challenging various generative AI programs for using copyrighted materials are certain to create new troubles for the courts being asked to apply the fair use doctrine to this important new technology.
By Entertainment Law & Finance Staff
Notable court filings in entertainment law.