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Features

Human Research Studies and Medical Malpractice Liability Image

Human Research Studies and Medical Malpractice Liability

Thomas A. Moore & Matthew Gaier

The authors relate an experience in a case involving a not affirmative experimental treatment, but a human research study regarding modes of diagnosis.

Features

Prescribing the Right Amount of Pain Medications Image

Prescribing the Right Amount of Pain Medications

Amy Kolczak & Melissa P. Reading

Pain is the most common cause of long-term disability, and it is the leading reason patients seek medical attention. But physicians seeking to manage their patients' pain with narcotics must be mindful of both the potential liability involved and the potential for scrutiny by their medical boards.

Features

Bit Parts Image

Bit Parts

Stan Soocher

TV Show Titles/Copyright, Trademark Claims<br>Inter-Label Litigation/Insurance Coverage<br>Trademark Infringement/Laches<br>Video Games/Artists' Indicia

Features

Recovery for the Death of a Stillborn Child Image

Recovery for the Death of a Stillborn Child

Michael Brophy & Sarah X. Fang

The legal protection afforded to the unborn has become a procedural and substantive issue arising in both traditional and non-traditional contexts. Following is a look at case law, past and present.

Features

Counsel Concerns Image

Counsel Concerns

ALM Staff & Law Journal Newsletters

Malpractice Claims/File-Sharing Software<br>Malpractice Claims/Statute of Limitations

Cameo Clips Image

Cameo Clips

ALM Staff & Law Journal Newsletters

BOOK COPYRIGHTS/FAIR USE DEFENSE<br>USE OF VOICE/PUBLICITY, ENDORSEMENT CLAIMS

Features

A Look At Disney's International Legal Team Image

A Look At Disney's International Legal Team

Leigh Jackson

For Peter Wiley, the Walt Disney Co.'s European head of legal, these are interesting times. His employer, one of the most iconic companies in the world, is engaged in a drive to expand internationally and take the House of Mouse into the digital age.

'360' Agreements Reflect Industry's Economic Shift Image

'360' Agreements Reflect Industry's Economic Shift

Michael I. Rudell & Neil J. Rosini

During the last few years, recording artists have been entering into so-called "360 agreements" with record companies and entertainment corporations in increasing numbers, changing the relationship that existed for decades among artists and major labels. Instead of focusing solely on sales of recorded music, the record companies now are sharing, through these agreements, in performers' income from a 360-degree range of professional activities. These developments reflect the difficulties encountered in the music industry as electronic transmission of recordings has become dominant and piracy rampant, making the financial returns from sales of records insufficient to justify the cost of creating, marketing and promoting recorded music.

Decision of Note Image

Decision of Note

ALM Staff & Law Journal Newsletters

The U.S. Court of Appeals for the Seventh Circuit decided that NBC didn't breach the employment contract of a producer for the investigative TV series "Dateline" when it fired the producer at the end of a contract cycle.

Features

Right-of-Publicity Amendments Extend Protections, But Marilyn Monroe LLC Suffers New Setback Image

Right-of-Publicity Amendments Extend Protections, But Marilyn Monroe LLC Suffers New Setback

Stan Soocher

Los Angeles entertainment attorney Robert A. Finkelstein accompanied Nancy Sinatra to Washington, DC, last summer for a U.S. Congressional hearing on a proposal for terrestrial radio stations to pay performance royalties to air sound recordings. Sinatra was a key artist-rights witness before the House Subcommittee on Courts, the Internet and Intellectual Property. Finkelstein praised a recent change in Washington state's right-of-publicity statute. The amendment, which took effect in June 2008, eliminated a personality's domicile as a bar to bringing a right-of-publicity suit.

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MOST POPULAR STORIES

  • Major Differences In UK, U.S. Copyright Laws
    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.
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  • "Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight
    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.
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  • The Stranger to the Deed Rule
    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.
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