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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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By Stan Soocher
Can the settlement of a lawsuit by one profit participant in a TV production be used to increase the contingent compensation provisions of other profit participants in the show?
In-House Counsel Perspective on Negotiating Social Media Influencer Contracts
By Chris O’Malley
With the FTC amping up its scrutiny in the social media influencer space, in-house counsel has an opportunity to mitigate risk and help their companies get more bang for their influencer marketing buck.
Pursuing AI Programmers and Third Parties over Alleged Rights Violations Caused by AI Software
By Jonathan Bick
Because AIs are capable of causing harm but cannot be a legal entity, they are not held accountable by court action. Several current and future possibilities exist to resolve AI difficulties. Current options involve identifying indirect liability. Future options include but are not limited to changing the law to make an AI a legal person and/or changing the law to make AI programing an ultra-hazardous activity.
By Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.
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