Columns & Departments
Upcoming Events
Annual Entertainment, Sports & Media Law Institute<br>Copyright Year in Review
Features
COUNSEL CONCERNS: Federal Judge Scolds Both Sides' Lawyers In Labels/Spinrilla Copyright Dispute
A federal judge in Atlanta called out attorneys in a nationally watched copyright case for their role in an “an all-out, knock-down, drag-out fight between the '800-pound Gorilla' of the recording industry in one corner of the room vs. 'Spinrilla', the self-proclaimed '800-pound Gorilla of free hiphop mixtapes' in the other corner.”
Features
Usher Song Credit Suit Outcome; Suit Over Led Zeppelin Song Gets Retrial
A man claiming to have been cheated out of credit for writing a song that was eventually recorded by R&B star Usher won a more than $40 million judgment in a combined verdict and settlement against two men he co-wrote the song with. And the copyright case against Led Zeppelin by the band Spirit over "Stairway to Heaven" will return for an encore after the U.S. Court of Appeals for the Ninth Circuit called for a retrial.
Features
The 'New NAFTA' and How It Will Affect Intellectual Property Law
The stage is set for the 24-year-old north American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA), which has implications for intellectual property, to take its place.
Columns & Departments
Bit Parts
<i>Friday the 13th</i> Screenplay Author's Copyright Termination Notice Found Valid<br>Infringement Suit over Justin Timberlake's “Damn Girl” Allowed to Proceed
Features
4 Takeways from EU Copyright Directive Vote
In September, the European Parliament passed a new draft of the European Union (EU) Copyright Directive legislation championed by content creators and publishers, but decried by tech behemoths. The directive will have to go through more committee discussions and another parliamentary vote before it can become law, but this doesn't mean the polarizing legislation isn't already making in-house counsel nervous.
Features
Issues in Using Bots to Send Takedown Notices
We asked University of Idaho College of Law Professor Annemarie Bridy, one of the forefront experts in both DMCA and automated notice sending, about out of control bots, DMCA takedowns' potential threat to freedom of speech and more.
Features
Fair Use, First Sale and Marilyn Monroe
Recently, the Southern District of New York resolved a question that neither the Southern District nor the Second Circuit had ever squarely faced: Can the lawful owner of an art object create and post a photograph of that object in connection with the sale of the object through an online platform such as eBay, without the permission of the owner of copyright in the object?
Features
<i>Decision of Note:</i> Sound Recordings Remasters Don't Get Federal Copyright Protection
With an assist from Toucan Sam and Tony Bennett, owners of pre-1972 sound recordings no longer have to worry about losing their common law…
Features
<i>Commentary:</i> Amended Opinion No Cause for Alarm in 'Blurred Lines' Case Outcome
Over the summer, a divided panel of the Ninth Circuit affirmed the denial of a new trial motion and an order denying rehearing <i>en banc</i> in <i>Williams v. Gaye.</i> We now consider whether the final affirmance of the jury verdict in favor of Marvin Gaye's heirs is likely to wreak havoc on musical creativity as some, including the dissent, have argued. For us, the short answer is no.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Delaware Chancery Court Takes Fresh Look At Zone of InsolvencyOver a decade ago, a Delaware Chancery Court's footnote in <i>Credit Lyonnais Bank Nederland, N.V. v. Pathe Communications</i>, 1991 WL 277613 (Del. Ch. 1991), established the "zone of insolvency" as something to be feared by directors and officers and served as a catalyst for countless creditor lawsuits. Claims by creditors committee and trustees against directors and officers for breach of fiduciary duties owed to creditors have since become commonplace. But in a decision that may have equally great repercussion both in the Boardroom and in bankruptcy cases, the Delaware Chancery Court has revisited zone-of-insolvency case law and limited this ever-expanding legal theory.Read More ›
- Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal LiabilityThis article explores legal developments over the past year that may impact compliance officer personal liability.Read More ›
- How Far Can You Reach? The Territorial Limits of Lanham Act Infringement and False Designation of Origin ClaimsOn June 29, 2023, the U.S. Supreme Court set new geographic limits for infringement and false designation of origin claims raised under Sections 1114 and 1125(a) of the Lanham Act. Given the global nature of business today, the decision highlights the need for trademark owners to continually reassess and, perhaps, expand their international trademark registration strategy as product lines and brands become more international in scope.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
