Clause & Effect
Net-Profit Rights/Movies Based on TV Shows<br>Insurance/Contract-Breach Exclusion<br>Insurance/Copyright-Infringement Coverage
Read More › Features
Adopting Information Governance in Small and Midsized Firms
Johan T. Widjaja
The law firm records management industry has been evolving to an information governance framework. The records function within the firm has traditionally been more of a back-end function, with the idea that everything was created in paper, made into an official record, indexed and hopefully regulated by retention schedules.
Columns & Departments
Decisions of Interest
ALM Staff
&
Law Journal Newsletters
Expert analysis of two major rulings.
Features
Supreme Court Rules Against Aereo
J. Alexander Lawrence
In <i>ABC v. Aereo</i>, the U.S. Supreme Court reversed the Second Circuit's holding that Aereo did not directly infringe the copyright owners' public performance rights through the operation of the "Watch Now" function of its service.
Features
Supreme Court Upholds Lanham Act Claim in Juice Wars
Kyle-Beth Hilfer
Pomegranate juice is the subject of an intense legal battle between POM Wonderful and Coca-Cola Co. In its Lanham Act challenge, POM alleges that Coke's juice product's name, label, marketing and advertising mislead consumers into thinking the product is mostly a pomegranate and blueberry juice when it in fact is mostly apple and grape juice.
Features
<b><i>Suing Led Zeppelin</b></i> Can a Copyright Infringement Plaintiff Rewrite Rock and Roll History?
Christopher P. Bussert
&
James A. Trigg
This article examines the allegations of Spirit that Led Zeppelin copied the introductory descending guitar figure in "Stairway to Heaven" from its 1968 instrumental, explains why the suit is not stale despite being brought 42 years after the release of "Stairway," and discusses the challenges that the plaintiff must overcome if he is to prevail in the litigation.
Columns & Departments
Bit Parts
Stan Soocher
Arbitration Provision Read Into SAG-AFTRA Limited Exhibition Agreement<br>DVD Cover Photo Included In News Reporting Was Fair Use
Features
Anti-Waiver Arguments and Enforcement of Forum-Selection Clauses
Fredric A. Cohen
&
Allison R. Grow
Anti-waiver provisions in state franchise acts have traditionally been used to trump the venue designated in the franchise agreement and to successfully transfer venue to the franchisee's home state. However, a recent decision from the U.S. District Court for the Eastern District of Michigan has added weight to a small but growing body of cases enforcing forum-selection clauses against franchisees that operate in states with franchise acts containing anti-waiver provisions.
Features
<i>Aereo</i>: The Uncertain Limits of What the Supreme Court Decided
Mitchell Zimmerman
On June 25, 2014, a 6-3 majority of the U.S. Supreme Court held that Aereo's streaming service ' which allowed customers to view over-the-air TV broadcasts via the Internet ' violated the broadcasters' public performance right under the Copyright Act. Applying what the dissent derided as "an improvised standard ('looks-like-cable-TV')," the majority held that Aereo infringed copyrights owned by the television networks.
Features
<i><b>BREAKING NEWS</i></b>Fourth Circuit Strikes Virginia's Same-Sex Marriage Ban
Zoe Tillman
A divided federal appeals court on July 28 ruled that Virginia's ban on same sex marriage is unconstitutional.
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