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If more than one derivative-use agreement is entered into for the exploitation of rights in the underlying work, a key goal of contract drafters and negotiators is to specify and distinguish the rights being granted to each of the different parties in their agreements. A major consideration, of course, is to avoid disputes from an overlap of rights granted. A current dispute over contract language in grants to different parties for theatrical adaptations of the classic 1960 novel To Kill a Mockingbird by Harper Lee is an apt example of what can happen if contract language isn’t specific enough, in this case resulting in an arbitrator inserting the term “non-first-class rights” into an award decision and leading Lee’s estate to claim the arbitrator’s use of the term was ambiguous.
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Music Rates and Royalties 2023: Past, Present and Future
By Jeff Brabec and Todd Brabec
Part One of a Two Part Article
Analysis of the most important music rate and royalty areas, both past, present and future and how and by whom they are set or determined as well as the effect that legislation, litigation, the Copyright Royalty Board and the Department of Justice have had on the process.
Getty Images’ Suit Over AI Generator
By Isha Marathe
The magical world of AI-generated art has become more mainstream over the past few months. There has also been some backlash against the industry, including brewing class action lawsuits alleging copyright violations and resistance from online artist communities. But until recently, a substantial legal threat was yet to emerge against the technology that underpins artificial-intelligence art.
Handling IP Ownership Issues In Remote Work
By Sarah Schaedler and Jennifer T. Criss
Even with legal assumptions that certain intellectual property rights in works created by employees are owned by the employer, these should not be relied upon exclusively. A well-drafted employee-agreement form is increasingly essential in light of the explosive growth of remote and flexible work arrangements.
By ELF Staff
A look at moves among attorneys, law firms, companies and other players in entertainment law.
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