Rights in pre-Feb. 15, 1972, sound recordings ' which are protected by state law, rather than federal copyright law ' are hotly litigated in the digital music era. On April 17, for example, major record labels sued the music-streaming service Pandora in New York Supreme Court in Manhattan. The suit alleges common-law copyright infringement and unfair competition from Pandora's use of pre-1972 recordings.
Actor's Agreement Gave Merchandising Rights to Production Company
E-Book of English Translation of Novel Isn't Derivate Work
The April issue of Entertainment Law & Finance reported on a ruling by the U.S. Court of Appeals for the Ninth Circuit involving the Internet video Innocence of Muslims. That article discussed the court's "secret" takedown order and the court's view on copyright ownership of acting roles in movies. The article that follows provides further analysis of the copyright ownership issue in the case.
After a bitterly contested four-day arbitration hearing in which attorney Bob represented the franchisor, the sole arbitrator awarded the claimant everything it had sought in this fight between franchisor and franchisee. It was a devastating loss for Bob and his client. However, there was good news as far as Bob was concerned. Why? The arbitrator did not explain the reasoning for her award.
Analysis of several key rulings.
Until the Supreme Court's recent decision in Lexmark International v. Static Control Components, Inc., courts were divided regarding the proper test to determine whether a plaintiff has standing to bring a false advertising claim under 15 U.S.C. '1125(a). The Supreme Court resolved the circuit split by rejecting the previously applied standards, and created a new, uniform "zone of interests" test.
Copyright Infringement Damages Not Dischargeable in Bankruptcy
Verbal Partnership May Have Existed to Develop MSNBC's The Ed Show
Earlier this year, former Mob Wives TV star Karen Gravano filed a right-of-publicity lawsuit against the makers of the Grand Theft Auto V video game, claiming they misappropriated her image and life story for a character in the popular video game. This case is one more in a string of recent cases raising a significant common question: To what extent does the law protect the rights of content creators to draw on real-life individuals and events to create expressive works?
Making the judge happy will help you be more effective at trial. If you follow the rules and procedures, and help the trial run smoothly, the judge may listen to you better and credit your argument.
