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Features

California Federal Court Sorts Out Ownership Issues In Dispute Over Record Albums Image

California Federal Court Sorts Out Ownership Issues In Dispute Over Record Albums

Stan Soocher

Approval of all the co-owners of a copyrighted work is needed to grant exclusive rights to third parties. Despite that, any co-owner can sell that co-owner's exclusive ownership share to third parties without the permission of the others The U.S. District Court for the Eastern District of California recently released an opinion that considered the interplay of these copyright issues.

Features

Proposed Changes In UCC Address Virtual Currency Financing Image

Proposed Changes In UCC Address Virtual Currency Financing

Barbara M. Goodstein

Financial institutions are beginning to accept virtual currencies as collateral for financings. Could this become common for independent film productions and other entertainment industry ventures? This article examines the scope of UCC Article 9 with a focus on virtual currencies, taking into consideration issues of classification and perfection.

Features

Looking At NCAA Allowing Student Athletes to Profit from Publicity Rights Image

Looking At NCAA Allowing Student Athletes to Profit from Publicity Rights

Michael T. Seeburger

Amidst pressure from sweeping legislation across the country, and still reeling from a major loss at U.S. Supreme Court, the NCAA suspended all rules prohibiting student athletes from profiting off their name, image and likeness.

Features

Newberg, McCabe, Carson Will Preside Over Copyright Claims Board Image

Newberg, McCabe, Carson Will Preside Over Copyright Claims Board

Scott Graham

The U.S. Copyright Office has found some big names for its Copyright Claims Board.

Columns & Departments

Bit Parts

Stan Soocher

N.Y. Federal Court Rules State's Anti-SLAPP Statute Doesn't Apply in Federal Court Lawsuits

Columns & Departments

Players on the Move

ljnstaff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Columns & Departments

Upcoming Event

ljnstaff

Black Widow, Box Office and Breach of Contract: Profit Participation In COVID

Features

How NY Courts Find Copyright Preemption of State Law Claims Image

How NY Courts Find Copyright Preemption of State Law Claims

Stan Soocher

Under §301 of the U.S. Copyright Act, state law claims that are "equivalent" to exclusive rights in copyrights granted by federal law are preempted by the federal statute. To survive preemption, courts consider whether a state law claim in a lawsuit has an "extra element" that qualitatively distinguishes it from a federal copyright claim.

Features

Activision Trial Counsel Discusses Case About Video Game Character Image

Activision Trial Counsel Discusses Case About Video Game Character

ssalkin

Activision Blizzard and a trial team led by San Francisco-based Durie Tangri partner Daralyn Durie recently faced down a $400 million copyright suit in the Eastern District of Texas. In this Q&A, Durie talks about the strategy and the theatrics of the four-day trial.

Features

Key Issues In Cyber Insurance Policies Image

Key Issues In Cyber Insurance Policies

John Palmeri, Danielle Gardiner & Carlos Rivera

The surge in ransomware attacks has made familiarity with the provisions of cyber insurance essential for professionals in the entertainment industry, which is among prime targets of ransomware operatives.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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