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Cameo Clips
COPYRIGHT OWNERSHIP/INEFFECTIVE TRANSFER<br>FILM DISTRIBUTION/ADVANCE OBLIGATION
What Is an Athlete's Publicity Right in a Video Game?
Today's game designers and consumers demand a sports game experience that is as close to the real world, and real players, as possible. Game manufacturers have largely succeeded in delivering on this demand. But at least a handful of players are not happy with this situation.
Non-L.A. Firms Try L.A. Practices in Entertainment
Some non-Hollywood law firms have carved out limited entertainment practices based on their own areas of expertise, such as large corporate mergers or financing. But most avoid the entertainment world altogether.
Use on Foreign Web Site Is Not U.S. 'Publication'
In a ruling of first impression, the U.S. District Court for the District of Delaware decided that photographs published on a foreign Web site weren't simultaneously "published" in the United States. The photographer thus wasn't required to register the photographs with the U.S. Copyright Office prior to filing an infringement suit.
Features
Deals At Risk: Textron Opens Door to IRS Discovery of 'Tax Accrual Workpapers'
SILOs underlie a confrontation between a taxpayer and the IRS in the new First Circuit case of <i>United States v. Textron Inc.</i> But that decision was not just about the legality or taxing of such leases. Rather, it has grave consequences on a far more sweeping issue: the inability of taxpayers to shield from disclosure so-called "tax accrual workpapers," documents typically prepared by in-house tax attorneys that set out in detail sensitive areas of tax liability.
Industry 'Custom and Practice' Not Enough to Create Binding Film Distribution Agreement
Film financing and film production can be long, slow processes. But deals for distribution rights may be struck up fast and furious, as seen from distribution interest in buzz movies at film festivals. This happened with Precious: Based on the Novel Push by Sapphire, a film about a young African-American mother in Harlem that won both the grand jury prize and audience award in drama at the Sundance Film Festival in January 2009. Hurried negotiations for the film distribution rights to Push has led to multi-suit litigation ' and a recent Manhattan federal district court ruling that may help define when there's a binding distribution deal.
Features
News Briefs
Highlights of the latest franchising news from around the country.
Features
Court Watch
Highlights of the latest franchising cases from around the country.
Media & Communications Corner: Every Law Firm Should Be a Media Company
It's time to take a leap and leave behind your firm's entrenched identity as a legal services provider: to succeed, you must start thinking of your firm as a media company.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- In the SpotlightOn May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug & Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.Read More ›
