Litigation

The U.S. Supreme Court on March 27 concluded its historic two-day scrutiny of the thorny issue of same-sex marriage, displaying wariness about ruling on the subject even as it appeared possible that the justices will strike down the federal Defense of Marriage Act (DOMA).

The U.S. Supreme Court on March 27 concluded its historic two-day scrutiny of the thorny issue of same-sex marriage, displaying wariness about ruling on the subject even as it appeared possible that the justices will strike down the federal Defense of Marriage Act (DOMA).

A recent federal district court award of $6.6 million in statutory damages to music publishers for the unlicensed use of song lyrics by the website LiveUniverse and its operator was hailed as the first of its type for owners of song lyrics, and thus a significant milestone for content owners in the digital era.

Copyright Ownership Issue Properly Sent to Jury
1981 Merchandising Royalties Underpayment Claim Can Proceed
Replacement Rollers Members' Breach Claim Is Dismissed

Highlights of the latest franchising cases from around the country.

The U.S. Court of Appeals for the First Circuit ruled that two television production companies didn't violate a photographer's copyright when they used an image they created that was similar to his photo ' depicting an imposter, who called himself Clark Rockefeller, and his daughter ' in a made-for-TV movie.

The U.S. Court of Appeals for the Seventh Circuit affirmed dismissal of a suit by a fan whose 16-second backstage discussion with the comedienne Joan Rivers was included in the documentary Joan Rivers: A Piece of Work.

Unlike patent, trademark and copyright law, rights of publicity are governed by a patchwork of state statutes and common-law decisions, rather than by a single federal statute. And unlike trade secret law, rights of publicity are not subject to a uniform state law adopted in the vast majority of states. But as with valuing other intellectual property assets, right of publicity (ROP) valuations need to consider the unique characteristics of the subject asset and the context of the valuation.