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Features

Bankruptcy and Intellectual Property Executory Contracts Image

Bankruptcy and Intellectual Property Executory Contracts

Michael H. Strub Jr.

The economic impact of the pandemic has been catastrophic. For many companies, intellectual property are significant assets, and counsel for these businesses, as well as counsel for their creditors, licensees and licensors, will need to understand these issues that arise to avoid pitfalls and take full advantage of opportunities to exploit the full value of a company's IP for the benefit of their clients.

Features

Upcoming Event Image

Upcoming Event

ssalkin & ljnstaff

28th Cutting Edge Entertainment Law Seminar. Oct. 15-17, 2020.

Features

In Decision of First Impression, Court Decides 'Gap Grants' Can Be Terminated Under §203 of U.S. Copyright Act Image

In Decision of First Impression, Court Decides 'Gap Grants' Can Be Terminated Under §203 of U.S. Copyright Act

Stan Soocher

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.

Features

COVID-19 and Force Majeure Clauses Image

COVID-19 and Force Majeure Clauses

Neil J. Rosini & Michael I. Rudell

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.

Features

COVID-19 Related Governmental Shut Down Order Triggers Force Majeure Provision In Restaurant Leases Image

COVID-19 Related Governmental Shut Down Order Triggers Force Majeure Provision In Restaurant Leases

Marisa L. Byram

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.

Features

FL Federal Court Rules 'Despacito' Doesn't Infringe on 'Despasito' Image

FL Federal Court Rules 'Despacito' Doesn't Infringe on 'Despasito'

Raychel Lean

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.

Features

What Happens to Surplus Funds in Tax Lien Foreclosures? Image

What Happens to Surplus Funds in Tax Lien Foreclosures?

Stewart E. Sterk

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?

Features

Summer 2020 Data Privacy Updates Image

Summer 2020 Data Privacy Updates

Rebecca Perry

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.

Features

What's Your Trademark Worth? Determining the Value of Trademarks For Collateral, Sale or Licensing Image

What's Your Trademark Worth? Determining the Value of Trademarks For Collateral, Sale or Licensing

Stacey C. Kalamaras & Henry Kaskov

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.

Features

Damages In Trademark Infringement Litigations Image

Damages In Trademark Infringement Litigations

Mark A. Salky & Jessica Johnson Fishfeld

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.

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    Copyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.
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  • Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena'
    Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor's importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.
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  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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