Features
Managing the Risks of Real Estate Auctions
The real estate business in New York is, to paraphrase the late Sen. Lloyd Bentsen's comment about Texas politics, a contact sport. That rough-and-tumble attitude extends to real estate auctions, where both buyers and sellers need to be aware of the potential risks and the possibility for manipulation.
Features
Bit Parts
Accounting-Malpractice Claim/Arbitration<br>Contributory and Vicarious Copyright Infringement/Interlocutory Appeal<br>Copyright Infringement/Substantial Similarity<br>Copyright-Infringement Filing/Bankruptcy Purchase
Cameo Clips
Peer File-Sharing/Developer Liability<br>Right of Publicity/Transformative Use<br>
Courthouse Steps
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Practice Notes
Major L.A. Firms Face Fallout From Reshuffling<br>Cooley-Alschuler Merger Talks Ended<br>Loeb's Base Expands To Media, Internet
<b>Decision of Note: </b>Kid Rock Advisers Win Suit Dismissal
The U.S. District Court for the Eastern District of Michigan dismissed claims against Kid Rock's attorney William Horton and manager Edward Andrews by parties who lost two previous suits over contracts Kid Rock had signed early in his career. <i>EB-Bran Productions v. Ritchie</i>.
Obtaining Rights to Artists and Content For Use in Music-Driven TV Productions
The producers of music-driven television programs, such as variety specials and music-based TV series, typically must negotiate with several key parties to obtain the rights to use the music and the services of the artists in the show. These parties include: music publishers that own, control and/or administrate the music compositions performed 'live and in concert' and/or on sound-recording masters included in the program; the record labels that own, control and/or administrate the masters; and the labels that are entitled to the exclusive recording services of the artists performing the music in the TV show. The program producer, who will likely have created the concept and format for the TV production, usually undertakes all of the production's associated risks and is responsible for the program's financing.<br>In the following interview coordinated by Entertainment Law & Finance Editor-in-Chief, Stan Soocher, Santa Monica, CA-based entertainment-attorney Henry Root discusses key aspects of the clearance process involved in music-driven TV productions, as well as producer/label negotiations and how they may affect the artist. Root has over 25 years of experience in the music and TV industries.
Features
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Features
When Is Equipment Not 'Equipment'? Inventory Leasing or Leasing to Rental Companies
Part One of this series discussed special perfection rules for purchase money security interest in inventory and additional risks when leased goods are 'inventory.' This second installment addresses: buyer in ordinary course of business under revised Article '9-320(A); power to transfer and entrusting under '2-403; and rights of buyers and Sublessee in ordinary course under '2A-305.
Features
Revised Proposal: Understanding the Interagency Statement on Complex Structured Finance Activities
Many U.S. financial institutions that have participated in equipment leasing transactions (particularly in the large-ticket and municipal markets) in the last 20 years will be keenly aware that as the structures grew ever more complicated, Congress and the federal regulatory agencies grew intensely interested. Whether the institution had a major role in the transaction or simply provided a service, some degree of scrutiny could be expected, often in conjunction with a tax audit of its client. The risks to financial institutions from participating in complex structured finance transactions of all types became a source for concern for banking and securities regulators. The principal federal regulators responded in 2004 with a proposal that financial institutions investigate, and bear responsibility for evaluating, the legal, tax, and accounting basis of their clients' complex structured finance transactions. The goal: to limit the institutions' own credit, legal, and reputational risk from such participation.
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
- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›