An increasing amount of popular music lacks several traditional markers that courts use to determine whether one song is "substantially similar" to another. But can a sound texture be protected by copyright? This article provides a road map for lawyers and judges alike to navigate substantial similarity in non-traditional forms of music, with a particular focus on electronic music.
Ninth Circuit Applies California Statute of Limitations to Legal Malpractice Suit by George Clinton Against Law Firm He Retained from Seattle
State Restriction on Ability to File Suit Bars Claim over Concert Joint Venture
CKx Inc., the entertainment company that holds the rights to American Idol and other TV programs, and is involved in litigation over its acquisition by Apollo Global Management LLC, cannot order the challenging shareholder to accept the undisputed portion of the purchase price of its stock, the Delaware Court of Chancery ruled.
Social media postings can be submitted as trial evidence as long as the party introducing the evidence can demonstrate to the judge that a jury could reasonably conclude the postings are authentic, the Delaware Supreme Court has ruled.
The focus on proportionality in high-profile cases such as Apple v. Samsung, coupled with the recent proposed amendments to the Federal Rules of Civil Procedure are driving attorneys to reevaluate the methods by which they uncover crucial electronic evidence for a case.
Most law firms now proudly proclaim that they have implemented efficient and secure document management systems, systems in which they have invested significant dollars and even more in "sweat equity." The end goal of these systems is to ensure that all documents are stored securely, and perhaps more importantly, can be found quickly and easily.
Secondary liability can be imposed on an ISP or distributor of a product used to commit infringement based upon claims of contributory infringement, inducement infringement or vicarious infringement. The contributory and inducement claims both focus on a defendant's contribution to the infringement and require that the defendant knows that direct infringement is occurring. These related claims, which provide independent ways to attack secondary infringement, differ in important respects.
Technological advancements have dramatically improved the speed, capabilities and, in most cases, the cost-effectiveness in which deposition, discovery and pre-trial services are provided. Companies that have embraced the latest developments in jury research and selection technology ' particularly social media monitoring tools ' are best situated to thrive in the current environment.
Supreme Court Overturns Burden-Shift in Non-Infringement Judgment
Federal Circuit Clarifies Rules for Patent Term Extension
Federal Circuit Confirms That All Members of a Priority Chain Must Recite Full Lineage
A recent Supreme Court decision overturns both the United States District Court for the District of Western Texas and the U.S. Court of Appeals for the Fifth Circuit.
