Issues in Terminating Copyright Grants in Sound Recordings
The year 2013 may be a watershed in the music industry. It is the year that opens a new window in the Copyright Act through which many post-1977 grants of rights under copyright potentially could be terminated.
Franchisee Attorneys Share Advice
At the 34th Annual ABA Forum on Franchising, held in Baltimore in October, two veteran franchisee attorneys led a session in which they set forth the basics for protecting franchisees' rights and interests.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."
<b>Decision of Note</b> 'Jersey Boys' Case Focuses On Licensing of Underlying Rights
The safest approach to obtaining exclusive rights for uses of a copyrighted work is to procure those rights from all of the copyright's owners. Then how "exclusive" is a license that is obtained from one joint owner of a copyright? Litigation in Nevada federal court involving rights on which the highly successful musical Jersey Boys was allegedly based deals with this very question.
Features
Negotiating Protections for Sports Sponsors When Disputes Arise Between Teams and Players
Many writers, observers and enthusiasts following this year's professional sports labor disputes in both the NFL and the NBA focused solely on the players, the owners and the fans. But there is another group of stakeholders that is inevitably affected by a lack of labor peace: sponsorship partners.
Decisions of Interest
Recent rulings of importance to your practice.
Class Action Waivers in Commercial Agreements
While the legal status of class action waivers is evolving in the United States, largely due to a U.S. Supreme Court decision earlier this year, franchisors that operate in the United States and Canada also should be aware of the differences in how the two countries address this important element of franchise contracts.
Features
Divorce Cases Are Complicated by New Maintenance Rules
A new system for calculating interim maintenance awards in matrimonial actions, adopted last year to make no-fault divorce more palatable, is under fire from many attorneys who say it is confusing, and potentially inequitable.
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- Major Differences In UK, U.S. Copyright LawsThis 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.Read More ›
- "Holy Fair Use, Batman": Copyright, Fair Use and the Dark KnightThe copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.Read More ›
- Legal Possession: What Does It Mean?Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›