Cameo Clips
Theatrical Productions/Minimum Musicians Required<br>Talent-Broadcast Contracts/Pro-Rata Compensation
Features
Obtaining Rights For Music-Driven TV Productions
This is Part Two of a two-part interview, coordinated by <i>Entertainment Law & Finance</i> Editor-in-Chief Stan Soocher, with Santa Monica-CA-based entertainment Henry Root. In Part One, Root, who has extensive experience handling legal issues for music-driven television productions, discussed considerations in clearing rights in, and determining fees for, songs and sound recordings used in a production, as well as how option rights for the music are negotiated. Root also began, and continues here, a discussion of the issues to be negotiated for a record label to waive its exclusive right to the services of an artist who will appear in a TV music production. Root also discusses copyrights in artist TV performances, reciprocal rights with record labels, holdbacks on exploitation, and warranties and representations.
Features
Cooperatives & Condominiums
A Look at a recent Donnelly Act claim.
When Is a Settlement Not a Settlement?
In April 2006, setting off in a new direction, the Appellate Division held that settlement agreements that favor a tenant can be unenforceable. <i>Drucker v. Mauro</i> 814 NYS 2d 43 (1st Dept. 2006). There was a two-justice dissent, but the appeal to the Court of Appeals was recently dismissed due to non-finality. Thus, Drucker needs to be looked at to gauge when a settlement is indeed a settlement in landlord-tenant disputes.
<b>Decision of Note: </b>Artist Can End Royalty-Collection Arrangement
The Court of Appeals of Tennessee held that singer Bonnie Bramlett could terminate her relation with a royalty-collection firm, which would then be obligated to tell the royalty-paying companies to submit the artist royalties directly to Bramlett. <i>Sheridan Music Group Inc. (SMG) v. Bramlett</i>.
Decisions of Interest
Recent rulings of importance to your practice.
Features
Obligations to Children
In last month's issue, we looked at a hypothetical case in which Lynne and her soon-to-be ex-husband David have drafted a child custody agreement giving Lynne primary legal and physical custody of their daughter, Jane. Neither had raised the issue of what would happen if the primary custodial parent wanted to relocate. Under the governing law of their state, unless the settlement agreement specifically states otherwise, the primary custodial parent is presumed to be able to move to another state for a promotion or unique job opportunity. Lynne informed her attorney that she had accepted a unique job opportunity that would require her to move to another state shortly after the settlement agreement's signing. Our dilemma was: What could, or should, the attorney do to protect Jane's interests? This month, we conclude the discussion.
Changes in Store for Same-Sex Couples?
The election of Eliot Spitzer to the office of Governor may signal a sea change in the progress of attempts to make gay marriage a reality in New York. Before voters went to the polls on Nov. 7, Spitzer made national headlines when, in an October speech at a dinner, he declared his intention to support passage of a same-sex marriage law, if elected. The speech was delivered at a dinner hosted by the Empire State Pride Agenda, a New York nonpartisan lesbian, gay, bisexual and transgendered civil rights organization.
To Trust or Not to Trust?
Trust is a cornerstone of every successful marriage. Thus, it is ironic that the term that we lawyers use to describe the vehicle by which many of our wealthier clients protect and preserve their assets from their divorcing spouse is 'trust.' Today, in an era in which billionaires dominate the Forbes 400 list, when freshly minted MBAs just a year or two out of B-Schools garner seven-figure bonuses before the age of 30, the trust is becoming more and more the device of choice to shield assets from the grip of those who the creator of the trust deems undeserving of a share of those assets.
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