Court Sends Mixed Signals As Marriage Arguments End
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).
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Factors in Assessing Statutory Damages for Digital Copyright Infringement
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.
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Bit Parts
Copyright Ownership Issue Properly Sent to Jury<br>1981 Merchandising Royalties Underpayment Claim Can Proceed<br>Replacement Rollers Members' Breach Claim Is Dismissed
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Court Watch
Highlights of the latest franchising cases from around the country.
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No Substantial Similarity in Photo Used in TV Movie
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.
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7th Circuit Backs Use of Fan Footage in Joan Rivers Film
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 <i>Joan Rivers: A Piece of Work</i>.
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Valuing a Celebrity's Right of Publicity
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.
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Decisions of Interest
In-depth analysis of recent key cases.
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Another Brick in the Wall: Application of the Pollution Exclusion to Chinese Drywall Claims
The Supreme Court of Virginia recently held that insurance coverage for Chinese drywall claims could be denied under a pollution exclusion. As the first state supreme court to rule on the issue, the Virginia Supreme Court's analysis, as set forth in its ground-breaking decision, could potentially be followed by other courts in Chinese drywall coverage litigation and create a significant hurdle to policyholders seeking coverage.
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