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Copyright Infringement/Rule 12(b)(6) Motion<br>Record Labels and Their Lawyers/Malicious Prosecution<br>Songwriter Royalties/State Levy Statute<br>Video Games/ Celebrity Trademarks<br>UPCOMING EVENT: SXSW Music Conference 2008 CLE Program
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TALENT AGENCIES ACT/SEVERABILITY DOCTRINE<br>VIDEO GAMES/ARTISTS' INDICIA
U.S. Supreme Court Favors Arbitration Over CA Agent's Law
The U.S. Supreme Court decided that the Federal Arbitration Act the California Talent Agencies Act for purposes of sending a dispute between a TV personality and his personal manager to an arbitrator per an arbitration clause in the management contract.
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Superman Rights Are Not Part of Marital Property
The Court of Appeal of California, Second District, decided that any interests in Superman copyrights or termination rights held by Laura Siegel Larson, daughter of Superman co-creator Jerry Siegel, were her separate property, rather than community property of her marriage.
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Comic-Book Rights Get Close Look
As a child, Geoffrey Gerber grabbed comic books out of his dentist's treat bag after checkups. As an intellectual-property partner at Husch Blackwell Sanders, he grabs comic books ' key elements now in a substantial portion of his practice ' out of his litigator's case. 'There's a tremendous amount of comic-book litigation out there,' says Gerber, who practices in St. Louis for the newly merged firm. He adds that comic books, which hit it big in the 1930s as mainstream media, are 'fairly new media' in the scope of entertainment.
Sampling Suit Is Filed over Fergie Hit
West Palm Beach, FL, resident Derrick Rahming dreamed of making it big with the hip-hop band Afro Rican and even formed a production company in the mid-1990s. These days millions have heard Rahming's group, even if they don't know it. A sample of his song 'Give It All You Got' jump-starts mega-star Fergie's hit 'Fergalicious' from her album The Duchess. Rahming recently filed a copyright-infringement suit, alleging he wrote the intro to the Billboard pop-chart topper in the late 1980s. He registered it with the U.S. Copyright Office and recorded it in its most popular form in 1995.
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<b><i>Commentary:</b></i> As 2013 Approaches, Artist Termination Right Faces Record Labels' Work-For-Hire Argument
It's time to start thinking about work for hire again. Technically, 2013 is the first year qualified recording artists may exercise the termination right that will result in reversion to them of the copyrights in their sound recordings from their record labels. There is no doubt about it: Whether referred to hyperbolically as a 'time bomb' or more benignly as a 'leak' in the record company's vaults, how the sound recording work-for-hire problem is resolved will have enormous financial and political impact on both record labels and recording artists.
Amicus Attorney Small Firm Edition 2008: An Incremental Upgrade
The 2008 version is aimed at firms that do not have the computing power to install Amicus Attorney 7 (the successor to the discontinued Amicus Attorney X), which is a product that operates online. The main benefit to a product like Amicus Attorney 7 is that you can access your case data from any computer that has an Internet connection.
The Impact of Technology on Case Law under the 2006 FRCP Amendments
The 2006 amendments to the FRCP contain a host of technology-oriented standards and procedures. Accordingly, it is not surprising that the case law in the wake of these amendments reflects the unstoppable march and advancement of computer technology. This article illustrates some of the most important ways in which this technology has influenced judicial opinions regarding electronically stored information under the new rules.
Trendspotting @ LegalTech
Like the rest of the community, I make my annual pilgrimage to LegalTech New York to see old friends, gauge where technology has taken us and to gain insight on the direction in which we are headed. (I also go to replenish my swag. My favorite item is still the crisp two-dollar bill from Lex on Demand, but a few companies were making luggage tags from business cards, which I liked, and others were giving away flash drives, which I needed. And Kroll Ontrack Inc.'s 10-minute massage was a nice addition to the mix.)
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