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Is Your (Non-True) Lease a Sale? Image

Is Your (Non-True) Lease a Sale?

Edward Gross & Philip Livingston

Just in case the transaction you've just documented using your standard lease forms is not a 'lease,' you've included a granting clause in the form and filed UCC 'notice' filings. So, you've protected the lessor from a re-characterization risk (<i>i.e.,</i> that the transaction is deemed not to create a 'lease' under commercial law) &mdash; right? Well, maybe not.

Features

Bit Parts Image

Bit Parts

Stan Soocher

DVD Distribution/Product Labeling<br>Film-Payroll Services/Completion-Bond Reinsurers<br>Recording Agreements/Fiduciary Obligation<br>Songwriting/No Partnership Found

July issue in PDF format Image

July issue in PDF format

ALM Staff & Law Journal Newsletters

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Counsel Concerns Image

Counsel Concerns

ALM Staff & Law Journal Newsletters

Downloading Suits/Rule 11 Sanctions

Features

Clause & Effect Image

Clause & Effect

ALM Staff & Law Journal Newsletters

Production of Agreements/Motion Picture and Screenplay Rights<br>Recording Agreements/Non-Exclusivity

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News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

Features

Copyright Infringement/Summary Judgment Rulings Image

Copyright Infringement/Summary Judgment Rulings

ALM Staff & Law Journal Newsletters

Recent rulings of interest.

Features

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Movers & Shakers

ALM Staff & Law Journal Newsletters

News about lawyers and law firms in the franchising industry.

Practice Notes: Some Lawyers Find Entertainment Clients on MySpace Image

Practice Notes: Some Lawyers Find Entertainment Clients on MySpace

ALM Staff & Law Journal Newsletters

Many artists believe that setting up a personal page on the mega-popular MySpace.com Web site is a key prong today in attracting attention to themselves. At the same time, some entertainment attorneys use MySpace to attract clients. This article examines the experiences of Texas lawyers who have MySpace pages.

Features

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Court Watch

Charles Miller

Highlights of the latest franchising cases from around the country.

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    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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    The 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.
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    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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