Columns & Departments
IP News
PTAB to Follow Nautilus Standard of Definiteness
Features
Legal Issues and Monetization Strategies In a Quarantine-Streaming Music World, Part 2
Part Two of a two-part article While the livestreaming of music performances is not an entirely new phenomenon, the COVID crisis has transformed the live performance landscape, compelling artists from around the world to reach their fanbase by producing "quarantine streams," in which they livestream their sets on social media platforms. Unsurprisingly many questions have arisen.
Features
9th Cir. Finds No Fair Use In Dr. Seuss/Star Trek "Mashup"
In Dr. Seuss Enterprises L.P. v. ComicMix LLC, a unanimous three-judge panel of the Ninth Circuit held in December that ComicMix's illustrated book combining elements of several Dr. Seuss children's books with characters, themes and other features of the popular sci-fi series Star Trek was not a fair use of the Seuss material from which it had admittedly been "slavishly" copied.
Features
Additional Perspective on Dr. Seuss/Star Trek Ruling
The court's decision means that in the Ninth Circuit commercial mash-ups will have to do more than place new characters in old settings to qualify for fair use.
Features
Lawyer Disbarred Over Mishandling of Investors' Funds for Film Project
The New Jersey Supreme Court disbarred lawyer Gary Mason after finding he knowingly misappropriated $690,000 that investors paid to support the work of a fledgling filmmaker.
Features
2d Circuit Blocks NY Litigation of 'Girl 6' Copyright Infringement Case
Fort Lauderdale copyright attorneys Matthew Nelles and Adriana Kostencki of Nelles Kostencki were in a Los Angeles airport in February 2019, when movie director, producer and actor Spike Lee called the day after winning an Oscar for his historical crime drama BlacKkKlansman. But the call wasn't about the win.
Columns & Departments
Bit Parts
Promotional Use of Supermodel's Appearance in Reality TV Show Didn't Violate Lanham Act Taylor Swift Shakes Off Fifth Copyright Infringement Lawsuit by Jesse Graham
Features
Open Space and the Conundrum of High Stakes Zoning Disputes
The New York Court of Appeals' recent decision in Peyton v. BSA held, in the context of a zoning lot containing several residential buildings, that the Zoning Resolution of the City of New York does not require an area to be accessible to all residents of the zoning lot for the area to qualify as "open space."
Features
NY Court of Appeals Rules on Damages Clauses In Commercial Leases
In The Trustees of Columbia University in the City of New York v. D'Agostino Supermarkets, the NY Court of Appeals split on the issue of whether the relevant damages clause in a commercial lease was unenforceable as a matter of law because it was so grossly disproportionate to the ascertainable amount due upon full performance.
Features
The Small Business Reorganization Act: How It Started. How it's Going. Where to Next?
This article provides a brief overview of the SBRA and these first several months of its use — especially in light of the COVID-19 pandemic — concluding that in 2021, Congress should permanently adopt the CARES Act's expanded definition of a "small business debtor" as including businesses with up to $7.5 million in aggregate non-contingent liquidated debts.
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