In the 1976 Copyright Act, Congress inserted a termination right for authors or their successors for pre-January 1, 1978, assignments of copyrighted works. However, the legislators didn't directly address a key issue: how to determine termination rights for what are known as "gap grant" works — that is, those created post-1977 under copyright assignments made before then.
The COVID-19 outbreak has wreaked havoc on the entertainment industry. Productions have been halted and distribution channels disrupted. In the midst of this pandemic, one big question for contracting parties is whether force majeure will excuse or postpone a party's obligations without liability.
While commercial leases and the force majeure clauses contained in such leases vary widely, a recent decision from the United States Bankruptcy Court for the Northern District of Illinois may provide guidance to parties and help them to resolve similar disputes without resorting to the courts.
Federal Judge Kathleen Williams recently analyzed the hit song "Despacito" in a copyright lawsuit in the U.S. District Court for the Southern District of Florida, when she found its writers had not copied an earlier Spanish song with the same name.
When a sale follows a municipality's foreclosure on a tax lien, who is entitled to sale proceeds that exceed the amount of the tax lien?
America and the EU Continue Altering Data Privacy Frameworks for Businesses A close look at a couple of privacy-related issuances from California, along with the European Court of Justice ruling invalidating the EU-U.S. privacy shield.
This article explores the options available to a client to value its trademarks during a financial crisis, to ensure one of the most valuable assets it owns can continue to work for the company and see it through the lean times.
During a time when online marketing, virtual shopping and electronic communication are more widely used than ever, it is critically important for entertainment industry businesses to be highly aware of how they are using trademarks, the scope of a trademark owner's rights and the consequences of infringing them.
In attempts to alleviate the impact of job losses and business disruption due to COVID-19, state and local governments have passed emergency orders and regulations temporarily prohibiting evictions and extending deadlines to pay rent, among other restrictions. When those restrictions are lifted, there is no guarantee that they will have done more than delay the inevitable: eviction and bankruptcy.
As we all expected, cases are being brought and decided on the issue of whether the COVID-19 pandemic and related governmental shut down orders trigger force majeure clauses in commercial leases and operate to excuse the performance of commercial tenants. While force majeure clauses vary widely, a recent decision from an Illinois Bankruptcy Court may provide guidance to help resolve disputes without resorting to the courts.
