Features
Applebee's Cannot Sue over Internet Post Charging Harassment
A New Jersey judge has dismissed a defamation claim by an Applebee's restaurant franchisee against a man who wrote online of sexual harassment of female employees.
Features
Assessing Challenge To Damages in File-Sharing Litigation
The recording industry estimates that music piracy has cost it billions of dollars during the past 15 years. Facing the potential for an industry-wide collapse, the Recording Industry Association of America (RIAA) undertook its aggressive litigation campaign to protect itself and its constituents from copyright infringement by suing individual file sharers. After fighting a public relations battle over some of its tactics, the RIAA has chosen to temper its aggressiveness. The RIAA is instead forming relationships with ISPs that maintain the online accounts of the consumers.
CAN-SPAM Preempts California Spam Law
A Los Angeles judge, ruling on a case of first impression, has found that the federal CAN-SPAM Act preempts a California law designed to curb false and misleading commercial e-mails.
How Blogging Affects Legal Proceedings
Technology has entered the jury box. While the press has long reported on pending trials, bloggers ' or so-called "citizen journalists," some sitting in juries ' have increasingly posted commentary about judicial proceedings. Yet recent events suggest that blog posts and other electronic communications by jurors about ongoing trials can potentially disrupt the integrity of the proceedings.
Bit Parts
Concert Financing/Loan Guaranty<br>File-Sharing Suit/Abuse of Process Counterclaim<br>Song Infringement/Substantial Similarity Test<br>TV Program Pitches/Independent Creation Defense
Milwaukee Symphony Ticket Revenues Subject to Taxes
The Court of Appeals of Wisconsin agreed with the Wisconsin Department of Revenue that concerts by the Milwaukee Symphony Orchestra (MSO) were "entertainment events" subject to a 5% state sales tax under Wis. Stat. '77.52(2)(a)(2).
Cameo Clips
BOOK PUBLISHING/PERSONAL JURISDICTION<br>COPYRIGHT INFRINGEMENT/SUBSTANTIAL SIMILARITY TEST<br>RIGHT OF PUBLICITY/UNLICENSED USES
Features
Counsel Concerns
Malpractice Suit Continues over Manilow Musical<br>Malpractice Suit/Lack of Specificity
Features
Practice Notes
A roundup of noteworthy entertainment law firm and attorney movement and news.
Features
Valuation of Sponsorship Opportunities in Sports
Valuation of a sponsorship opportunity is much more art than science and it is important that a lawyer involved in the negotiation of a sponsorship agreement understand how the various factors interrelate. While this article focuses on the factors affecting the valuation of a sponsorship opportunity with a NASCAR race team, most of the factors can be applied to sponsorship opportunities in other sports as well.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- 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 ›
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Warehouse Liability: Know Before You Stow!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.Read More ›
- The Anti-Assignment Override ProvisionsUCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?Read More ›
- The Stranger to the Deed RuleIn 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.Read More ›