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Second Circuit Addresses Significant Music Compulsory Licensing Issues In Bill Graham Archives Dispute Image

Second Circuit Addresses Significant Music Compulsory Licensing Issues In Bill Graham Archives Dispute

Stan Soocher

In 2015, a group of music publishers sued the purchaser of the Bill Graham Archives — a repository that includes live performances staged by the late, legendary concert promoter of an array of musical artists beginning in the 1960s. Now, the Second Circuit has handed down its appellate opinion in the litigation, addressing the important compulsory licensing concerns as well as some of the additional issues in the case.

Features

Fight Stream Distributor Can Pursue Claim Against TN Grill Image

Fight Stream Distributor Can Pursue Claim Against TN Grill

Allison Dunn

In a matter of first impression, the Sixth Circuit sided with a third-party sporting events distributor by finding the distributor has standing to sue a Kingsport, TN, bar under the U.S. Copyright Act for livestreaming a 2017 boxing match between Floyd Mayweather and Conor McGregor without the proper licensing.

Features

Copyright Attorney Fees Ruling in Friday the 13th Termination Case Image

Copyright Attorney Fees Ruling in Friday the 13th Termination Case

Mason Lawlor

The U.S. District Court for the District of Connecticut granted Friday the 13th screenwriter Victor Miller partial attorney fees totaling more than $886,564, in his long-running fight against the 1980 horror film's production outfit Manny Co. over proceeds from the film.

Features

Report on Oral Arguments At Supreme Court In 'Warhol' Case Image

Report on Oral Arguments At Supreme Court In 'Warhol' Case

Scott Graham

During the recent oral arguments before it, the U.S. Supreme Court sounded open to extending more fair use protection to an Andy Warhol painting of rock icon Prince than the U.S. Court of Appeals for the Second Circuit did.

Features

Inflation, Interest Rates, and Already-Increasing Commercial Bankruptcy Filings Image

Inflation, Interest Rates, and Already-Increasing Commercial Bankruptcy Filings

Erich N. Durlacher

What Should Financial Institutions Do Now In Anticipation of a Potential (and Long-Awaited) Downturn What should a prudent lender be doing right now to "brace" itself for the coming financial uncertainty? Adopt a five-point "CAPER" strategy: Communicate, Analyze, Preserve, Execute, and Resolve.

Features

Fifth Circuit Follows Ninth Circuit, Allows Post-Bankruptcy Contract Rate Interest In Solvent Debtor Case Image

Fifth Circuit Follows Ninth Circuit, Allows Post-Bankruptcy Contract Rate Interest In Solvent Debtor Case

Michael L. Cook

"… [B]ecause Congress has not clearly abrogated the solvent-debtor exception," the U.S. Court of Appeals for the Fifth Circuit held that a reorganized solvent debtor had to "pay what it promised now that it is financially capable."

Features

Commercial Bankruptcy Filings On the Rise Due to Economic Turbulence Image

Commercial Bankruptcy Filings On the Rise Due to Economic Turbulence

Erich N. Durlacher

With the recent economic turbulence and pessimism, prudent lenders should be bracing themselves for the coming storm by adopting a five-point "CAPER" strategy: Communicate, Analyze, Preserve, Execute, and Resolve.

Columns & Departments

Fresh Filings

ELF Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Features

Specific Performance Clause May Not Be Enforced In Sale-Leasebacks Image

Specific Performance Clause May Not Be Enforced In Sale-Leasebacks

Peter E. Fisch & Salvatore Gogliormella

Specific performance is an important remedy in real estate transactions, however, it is disfavored by the courts and under certain circumstances (particularly in the case of sale-leasebacks), a specific performance clause, even if properly drafted, may not be enforced by the courts.

Features

Bit Parts

Stan Soocher

Florida Federal Court's Findings in Battle Over "LINEAR" Band Name Not So Linear Second Circuit Agrees Federal Copyright Law Preempts Right of Publicity Complaint Over Sirius XM's Use of Howard Stern Show Archival Recordings

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