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Features

Legal Issues and Monetization Strategies In a Quarantine-Streaming Music World Image

Legal Issues and Monetization Strategies In a Quarantine-Streaming Music World

Gwendolyn Seale

Part One of a Two Part Article While the livestreaming of music performances is not an entirely new phenomenon, the COVID crisis has transformed the live performance landscape, compelling artists from around the world to reach their fanbase by producing "quarantine streams," in which they livestream their sets on social media platforms. Unsurprisingly many questions have arisen.

Features

A Look at the EU's Latest Proposal for Regulating Online Content Image

A Look at the EU's Latest Proposal for Regulating Online Content

Linda A. Thompson

The DSA is intended to reset the rules around online content moderation and to reframe the responsibility of platforms for illegal content uploaded to their websites.

Features

Fair Use Applied to Embedded Photograph Image

Fair Use Applied to Embedded Photograph

Stephen M. Kramarsky

The extremely flexible character of social media has required equal flexibility in courts' intellectual property analysis. Happily, under U.S. copyright law, that kind of flexibility is possible.

Features

How U.S. Court Ruled Whether France's Right of Publicity Law Is Descendible Image

How U.S. Court Ruled Whether France's Right of Publicity Law Is Descendible

Stan Soocher

Battles over celebrities' estates often end up in litigation, but a recent court ruling involving the estate of French oceanic explorer, environmentalist and documentary filmmaker Jacques Cousteau included a not-often-seen right of publicity consideration: how a U.S. court determines whether right-of-publicity protection in another nation is descendible.

Features

Allocation Issues for Settling Weinstein Sex Assault Claims Image

Allocation Issues for Settling Weinstein Sex Assault Claims

Heidi Reavis

This article examines the recent judicial dialogue concerning allocation of Weinstein settlement proceeds among Weinstein crime victims, Weinstein Company creditors and defense counsel who have defended the Weinstein corporate officers and directors, and the overall negative impact these various episodes of the Weinstein settlement story likely have on victims' willingness to participate or come forward at all.

Features

Evolving Court Views on Content Embedding Image

Evolving Court Views on Content Embedding

Shaleen J. Patel & Mike Hobbs

Recent legal and procedural developments associated with the ubiquitous Instagram social media site have created significant practical and legal risks for both copyright owners and account holders that entertainment industry professionals should note.

Features

What 11th Circuit Ruled in Copyright Suit Over Netflix's Narcos Series Image

What 11th Circuit Ruled in Copyright Suit Over Netflix's Narcos Series

Michael A. Mora

The U.S. Court of Appeals for the Eleventh Circuit ruled in favor of Netflix in finding that one of its shows didn't infringe the copyright of a Colombian journalist who wrote a memoir about her affair with drug kingpin Pablo Escobar and the rise of the Colombian drug trade.

Columns & Departments

Bit Parts

Stan Soocher

Louisiana Court Lacks Personal Jurisdiction Over Jeopardy! Production Company in State's Effort to Collect Taxes Ticket Seller Not Responsible for Paying Refunds to Ticket Buyers "Out of Its Own Pocket" After Promoter Cancels Events Due to COVID-19

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Features

Fifth Circuit's Decision in Sampling Case Considers Automatic Liability Controversy Image

Fifth Circuit's Decision in Sampling Case Considers Automatic Liability Controversy

Stan Soocher

The U.S. Court of Appeals for the Fifth Circuit ruled in favor of internationally successful hip-hop duo Macklemore & Ryan Lewis in a music sampling suit brought against them by New Orleans jazz musician Paul Batiste.

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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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