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Case Briefs
Recent rulings of importance to you and your practice.
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Net News
Congress Considers New Net Neutrality Bill<br>Judge Cuts Court Award in Internet Defamation Case
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Bit Parts
Copyright Infringement/Rule 12(b)(6) Motion<br>Record Labels and Their Lawyers/Malicious Prosecution<br>Songwriter Royalties/State Levy Statute<br>Video Games/ Celebrity Trademarks<br>UPCOMING EVENT: SXSW Music Conference 2008 CLE Program
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Superman Rights Are Not Part of Marital Property
The Court of Appeal of California, Second District, decided that any interests in Superman copyrights or termination rights held by Laura Siegel Larson, daughter of Superman co-creator Jerry Siegel, were her separate property, rather than community property of her marriage.
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Comic-Book Rights Get Close Look
As a child, Geoffrey Gerber grabbed comic books out of his dentist's treat bag after checkups. As an intellectual-property partner at Husch Blackwell Sanders, he grabs comic books ' key elements now in a substantial portion of his practice ' out of his litigator's case. 'There's a tremendous amount of comic-book litigation out there,' says Gerber, who practices in St. Louis for the newly merged firm. He adds that comic books, which hit it big in the 1930s as mainstream media, are 'fairly new media' in the scope of entertainment.
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<b><i>Commentary:</b></i> As 2013 Approaches, Artist Termination Right Faces Record Labels' Work-For-Hire Argument
It's time to start thinking about work for hire again. Technically, 2013 is the first year qualified recording artists may exercise the termination right that will result in reversion to them of the copyrights in their sound recordings from their record labels. There is no doubt about it: Whether referred to hyperbolically as a 'time bomb' or more benignly as a 'leak' in the record company's vaults, how the sound recording work-for-hire problem is resolved will have enormous financial and political impact on both record labels and recording artists.
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Case Notes
Recent rulings of interest to you and your practice.
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The General Reference
There is a general distrust and downright loathing of referees in the sports world. In the legal industry, however, lawyers are learning that the referee can be a powerful ally in deterring litigation and resolving cases early and successfully. While the legal profession will always have its fair share of Bobby Knights and John McEnroes, the referee appears to be gaining the upper hand.
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IP News
Recent news of importance to you and your practice.
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TTAB Proceeding
In a proceeding before the Trademark Trial and Appeal Board ('TTAB'), if your adversary is a foreign entity with no employees in the United States, can you compel an oral deposition of the entity in this country? 'No,' says the TTAB, through its Manual of Procedure ('TBMP'). 'Yes,' says the Fourth Circuit, relying on '24 of the Patent Act, 35 U.S.C. '24 in <i>Rosenruist-Gestao E Servicos LDA v. Virgin Enterprises Ltd.</i>, 511 F.3d 437 (4th Cir. 2007).
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