Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Artist's Parents Get Dispute With Manager Sent to Arbitration Reasons for Approval of Pro Hac Vice Application in Music Litigation Third Circuit Knocks Down Right of Publicity Claim Over Character in Gears of War Video Game

Columns & Departments

Upcoming Events Image

Upcoming Events

ssalkin

TexasBarCLE 30th Annual Entertainment Law Institute Nashville Bar Association Annual Entertainment, Sports & Media Law Institute

Features

Are Rule 12(b)(6) Dismissals In Copyright Infringement Lawsuits In Danger? Image

Are Rule 12(b)(6) Dismissals In Copyright Infringement Lawsuits In Danger?

Alan Friedman

Until recently, the Second and Ninth Circuits have both been receptive to dismissals under Rule 12(b)(6) if the court determines the plaintiff cannot plausibly state a claim of copyright infringement because the two works are not substantial similar. However, a pair of recent "unpublished" Ninth Circuit reversals involving prominent motion pictures stand in contrast to a recent Second Circuit decision affirming such a dismissal.

Features

Counsel Concerns: Plaintiffs' Counsel Faces Sanctions In Litigation that Alleged Wrestler Head Damage Image

Counsel Concerns: Plaintiffs' Counsel Faces Sanctions In Litigation that Alleged Wrestler Head Damage

Robert Storace

More than 50 wrestlers sued World Wrestling Entertainment, claiming it knew — but never disclosed — the risk associated with the sport. But it was Massachusetts plaintiff counsel Konstantine Kyros and his firm who judges singled out for plagiarism, false claims and other misbehavior in the case.

Features

Global Perspective On Filing Trademark Registrations Image

Global Perspective On Filing Trademark Registrations

Peter E. Nussbaum & Neha Bhalani

The entertainment industry is a global business, but many U.S. brand owners do not realize that their valuable trademark rights stop at the U.S. border.

Features

Methods for Trademark Valuations Image

Methods for Trademark Valuations

Stacey C. Kalamaras & Henry Kaskov

Valuations of trademarks, such as those in the entertainment industry, are most commonly performed in relation to a sale or licensing transaction or for lending and collateral purposes.

Features

CA Appeals Court Rules Hobbs & Shaw Film Dispute Must Be Heard By Court Image

CA Appeals Court Rules Hobbs & Shaw Film Dispute Must Be Heard By Court

Alaina Lancaster

Universal City Studios will have to settle a contract dispute with a producer from the Fast & Furious movie franchise in court after a California appeals court ruled the entertainment company could not enforce an arbitration agreement.

Features

Upcoming Event Image

Upcoming Event

ssalkin & ljnstaff

28th Cutting Edge Entertainment Law Seminar. Oct. 15-17, 2020.

Features

In Decision of First Impression, Court Decides 'Gap Grants' Can Be Terminated Under §203 of U.S. Copyright Act Image

In Decision of First Impression, Court Decides 'Gap Grants' Can Be Terminated Under §203 of U.S. Copyright Act

Stan Soocher

In the 1976 Copyright Act, Congress inserted a termination right for authors or their successors for pre-January 1, 1978, assignments of copyrighted works. However, the legislators didn't directly address a key issue: how to determine termination rights for what are known as "gap grant" works — that is, those created post-1977 under copyright assignments made before then.

Features

COVID-19 and Force Majeure Clauses Image

COVID-19 and Force Majeure Clauses

Neil J. Rosini & Michael I. Rudell

The COVID-19 outbreak has wreaked havoc on the entertainment industry. Productions have been halted and distribution channels disrupted. In the midst of this pandemic, one big question for contracting parties is whether force majeure will excuse or postpone a party's obligations without liability.

Need Help?

  1. Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
  2. Need other assistance? email Customer Service or call 1-877-256-2472.

MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
    Read More ›
  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
    Read More ›