Alleged Oral Copyright License No Bar to Infringement Suit<br>Musical Compositions' Valuation Upheld<br>Song Suit Against Destiny's Child Sent to Trial
In a limited victory for publishers, the California Supreme Court ruled on Aug. 17 that the state's single-publication rule applies to the tort of appropriation of likeness. Christoff v. Nestl' USA, Inc., S155242. The ruling came in the case of a model who said Nestle USA used his face ' without his knowledge ' to sell Taster's Choice instant coffee for years.
Willkie Farr & Gallagher has been sued in federal court in Los Angeles by Lamont Dozier, the cofounder of songwriting and production team Holland-Dozier-Holland, which was behind hit Motown acts like The Supremes and The Isley Brothers. At issue: Willkie's role advising on an issuance of Bowie Bonds, the asset-backed security for song royalties sometimes called Pullman Bonds because they were popularized by the banker David Pullman, now chairman and CEO of The Pullman Group in New York.
In the movies, it seems that monsters are always up to no good ' making mayhem or setting fires. But in a federal court in Philadelphia recently, a couple dozen movie monsters made some important new law and set a few significant precedents in the area of copyrights and trademarks that may help to define the doctrine of fair use for years to come.
The U.S. District Court for the Middle District of Tennessee granted a Rule 12(b)(6) motion to dismiss on the pleadings a copyright infringement suit against country artist Tim McGraw.
The recession has hit an entertainment law sector that has undergone considerable change during the past decade. Boutique law firms that represent most of the talent end of the entertainment business have multiplied amid the dissolution of some long-standing firms and the departure of top attorneys who struck out on their own.
Firms that model matter planning scenarios provide their partners and business development staff with the crucial ability to gauge up front how different approaches to pricing and staffing will affect profitability. Modeling allows firms to make adjustments before making their bid ' and therefore price alternative billing arrangements with confidence.
The 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.
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.
In 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?
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
