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Circuit Revives Copyright Case Against MP3tunes, Founder Image

Circuit Revives Copyright Case Against MP3tunes, Founder

By Mark Hamblett

Record companies and music publishers will get more damages and a second shot at holding the founder of MP3tunes liable for additional copyright infringement following a federal appeals court decision on Oct. 25.

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Drafting Film Production Compensation Clauses In Light of State Tax Credit Requirements Image

Drafting Film Production Compensation Clauses In Light of State Tax Credit Requirements

Thomas D. Selz

Compensation provisions in entertainment contracts are in one or two subparagraphs. To simplify drafting and to use “plain English,” the compensation provisions often contain introductory, governing language along the lines of: “In full and complete consideration for entering into and performing all of the terms hereof.” However, is such a “plain English” approach always a “best practice”?

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<i>Decision of Note</i>: Second Circuit Rules on e-Book Sample in Digital Locker Image

<i>Decision of Note</i>: Second Circuit Rules on e-Book Sample in Digital Locker

Stan Soocher

The U.S. Court of Appeals for the Second Circuit decided that an agreement between a book author and a publisher allowed a customer of distributor Barnes & Noble to retain a sample of the book in the “digital locker” the distributor provided to the customer.

Features

Ninth Circuit Examines Copyright Liability Merch Photos Case Image

Ninth Circuit Examines Copyright Liability Merch Photos Case

Robert J. Bernstein & Robert W. Clarida

When, as is often the case, actual copyright damages are difficult to prove, statutory damages may provide the best option for recovery. Recently, in <i>Friedman v. Live Nation Merchandise</i>, the U.S. Court of Appeals for the Ninth Circuit considered, among other things, two issues greatly affecting the amount of statutory copyright damages: 1) willfulness; and 2) the number of separate awards available for downstream infringements.

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Seizure Issues To Consider in Federal Trade Secrets Act Image

Seizure Issues To Consider in Federal Trade Secrets Act

Christopher Cox & Bambo Obaro

Both before and after the passage of the Defend Trade Secrets Act (DTSA) in May 2016, which created a federal civil cause of action for trade secrets misappropriation, much ink was spilled over the controversial “seizure” provision.

Features

Photo Agency's Suit Against <i>Oh No They Didn't!</i> At Ninth Circuit Image

Photo Agency's Suit Against <i>Oh No They Didn't!</i> At Ninth Circuit

Amanda Bronstad

A photo agency that sued the owner of online tabloid Oh No They Didn't! for copyright infringement is hoping to reverse a ruling that threw out its case, prompting Pinterest and others to weigh in and argue that reviving the case could erode legal protections afforded to Internet service providers.

Features

Former BET General Counsel Plays Role in Actress's Lawsuit Image

Former BET General Counsel Plays Role in Actress's Lawsuit

Stephanie Forshee

The longtime general counsel of Black Entertainment Television (BET) has a starring role in actress Gabrielle Union's contract case against the network. Union alleges she was duped into working on more episodes of her BET Networks show Being Mary Jane — without a break between seasons four and five to allow her time to continue to pursue her film career between the TV production schedule.

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No Sanctions Against Plaintiffs' Counsel for Frivolous Copyright Claim<br>

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Photo Agency's Suit Against <i>Oh No They Didn't!</i> At Ninth Circuit Image

Photo Agency's Suit Against <i>Oh No They Didn't!</i> At Ninth Circuit

By Amanda Bronstad

A photo agency that sued the owner of online tabloid Oh No They Didn't! for copyright infringement is hoping to reverse a ruling that threw out its case, prompting Pinterest and others to weigh in and argue that reviving the case could erode legal protections afforded to Internet service providers.

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