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Features

Bit Parts

Stan Soocher

Fox Film's Refusal to Return Initial Investment Isn't Breach of Co-Financing Agreement<br>Oklahoma Federal Court Finds Fraudulent Transfer of Songwriter's Assets<br>Trading Card Series Is Protected Speech<br>Video Game Developer's Counterclaim Seeking Milestone Payment Avoids Summary Judgment

Features

Cameo Clips

Stan Soocher

COPYRIGHT INFRINGEMENT/GRAND RIGHTS IN PLAYS<br>DIGITAL DISTRIBUTION/SONG ROYALTIES

Copyright Restoration Arguments at the U.S. Supreme Court

Roy S. Gutterman

No musicians played on the steps of the Supreme Court when inside the justices heard oral arguments in <i>Golan v. Holder</i>, which touched on a range of intellectual property issues and musical works from classical's Dmitri Shostakovich and Igor Stravinsky to classic rock's Jimi Hendrix. The impact of how the high court interprets Congress' 1994 amendments to the Copyright Act could affect the future use of possibly millions of pieces of works and may refine how U.S. law defines acceptable use versus infringing abuse in a global community.

Divorce Distribution Of Creative Assets

Judith L. Poller & Elizabeth Warner

While it may be relatively clear-cut to determine the value of real property, financial accounts and even a professional practice when a Creative Spouse and his or her Supporting Spouse divorce, the question may arise as to how to distribute the value of the intellectual property or "celebrity status" the Creative Spouse created during the marriage. This article considers what rights, if any, a Supporting Spouse may have in the value of a Creative Asset.

Under-Utilization of the Cooperation Clause and Related Policy Conditions

Robert N. Berg

The Examination Under Oath is an old, time-tested tool. It is a condition in the policy, and the purpose is to allow insurers to obtain necessary information and documentation to process claims. The purpose of the discussion in this article is to show that courts recognize this condition and enforce cooperation between insured and insurer.

Liberty Media Wins Approval Of Split Off

Jeff Mordock

In affirming an April Chancery Court decision, the Delaware Supreme Court decided that a proposal by Liberty Media Corp. to split off some of its assets does not violate a successor obligation agreement with bondholders that prevents the media conglomerate from disposing "substantially all of its assets.

Limit on Assigning Right to Pursue Online Copyright Infringement

Stan Soocher

Can a business model be sustained for procuring the right from copyright owners to pursue alleged copyright infringements in the online world? In recent months, there has been a flurry of infringement litigation involving copyright troller Righthaven, which procured the right from publishers to file infringement suits over unauthorized online reproductions of the publishers' content.

'Advertising' vs. 'Solicitation': The Impact on Available Advertising Injury Coverage

William P. Shelley & Samantha Evans

While insureds often seek liability coverage for damages arising from bodily injury or property damage, an increasing number of insureds are seeking coverage for "advertising injury" in an age of growing technology and intellectual property disputes.

Coverage Quandary: Is Cyber Insurance Necessary?

Tam Harbert

It's been a wild year for cyber crimes. It all may be falling far too close to home for BigLaw firms and corporate counsel, who are beginning to shop for ' or who are at least beginning to ask a lot of questions about ' cyber insurance. Queries include exactly what the policies cover and cost, how insurers quantify losses and whether the policies are necessary.

Deal or No Deal

Alan L. Friel & Jesse M. Brody

As consumers have embraced mobile devices and communicating via text message, mobile marketing promotional campaigns have followed. As a result, sweepstakes have become popular mobile promotional tools because the chance of a prize motivates consumers to interact with the sponsor. However, because sweepstakes and contests are heavily regulated by states, mobile sweepstakes and contests must comply not only with mobile-messaging laws and regulations.

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