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Columns & Departments

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Bit Parts

Stan Soocher

"Sister Sledge" Sibling's Use of "Sister Sledge Sledgendary" Isn't Trademark Infringement

Columns & Departments

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Upcoming Event

ELF Staff

New York State Bar Association Entertainment, Arts & Sports Law Section Annual Spring CLE Meeting

Features

Music Publishing and Recording Rates and Royalties 2023: Past, Present and Future Image

Music Publishing and Recording Rates and Royalties 2023: Past, Present and Future

Jeff Brabec & Todd Brabec

Part Two of a Two-Part Article In the United States and in most foreign countries, the "performance right" is one of the most important rights of copyright and, in many cases, the most lucrative. In the United States, there is no statutory license under the Copyright Act for this right. Songwriters, composers, lyricists (jointly "writers") and music publishers join these organizations, which in turn negotiate licenses with the users of music, collect the license fees from those users and distribute the monies to writers and publishers based on surveys of performances, specific payment schedules and distribution rules, as well as other factors.

Features

What's Happening With the Concerns Over How Event Tickets Are Sold Online? Image

What's Happening With the Concerns Over How Event Tickets Are Sold Online?

Stan Soocher

The November 2022 tech meltdown of online access that slowed or barred consumers from buying tickets from Ticketmaster for Taylor Swift's Eras Tour, her first since 2018 and the largest one-day ticket demand Ticketmaster had ever faced, generated worldwide coverage and outrage from her fans. But the incident also resulted in a sizzling convergence of many of the issues that have plagued online sales of live events for years.

Features

11th Circuit Joins Controversy Among Circuits on Copyright Damages Look Back Image

11th Circuit Joins Controversy Among Circuits on Copyright Damages Look Back

Michael A. Mora

The federal appellate court in Atlanta, GA, in a case of first impression "that has divided our sister courts" over the U.S. Copyright Act's §507(b) statute of limitations on recovering damages beyond three years of a copyright lawsuit filing, just added to that division.

Features

Lionsgate GC Who Resigned Without 'Good Reason' Got Severance Pay Image

Lionsgate GC Who Resigned Without 'Good Reason' Got Severance Pay

Greg Andrews

Add another plot twist to the storyline surrounding Corii Berg, who unexpectedly quit as general counsel of the film studio Lionsgate in December, even though he was under contract through June 2023.

Columns & Departments

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Fresh Filings

ELF Staff

Notable court filings in entertainment law.

Columns & Departments

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Bit Parts

Stan Soocher

Script Writer Newton's Funding-Help Lawsuit Against Former NBCUniversal Vice-Chair Meyer Is Dismissed

Features

Music Rates and Royalties 2023: Past, Present and Future Image

Music Rates and Royalties 2023: Past, Present and Future

Jeff Brabec & 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.

Features

Getty Images' Suit Over AI Generator Image

Getty Images' Suit Over AI Generator

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.

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    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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