Features
The Insurer's Right to Settle: Unfettered Discretion Or Balancing Act
As a practical matter, the decision of whether to settle claims brought against a policyholder is typically left to the insurer. The interests of the insurer and the policyholder are typically aligned, whether it is because of the policyholder's inherent desire to resolve the litigation or the insurer's vastly greater experience in defending and settling claims.
Counsel Concerns
The U.S. District Court for the Southern District of New York vacated sanctions issued against an attorney representing the estate of Tarzan illustrator Burne Hogarth, which had sued over rights in Hogarth's works following the release of The Walt Disney Co.'s animated "Tarzan" movie.
Features
Courthouse Steps
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Bit Parts
Recent developments in entertainment law. <p>This month:<br>Agent Commissions/Arbitration Awards<br>Documentaries/Defamation<br>Downloading/Default Judgment<br>DVD Distribution/Preliminary Injunctions<br>Tax Liability/Royalty Statements
Features
Clause & Effect
Agency Agreements/Commissions<br>Recording Contracts/Copyright Renewals
Features
<b>Commentary:</b> 'Unanimous' Vote In Grokster Has Split Views
In its opinion, the Supreme Court clearly focused the test for copyright infringement liability on the subjective question of the purpose of the software's distribution ' an approach that better comports with basic notions of fairness than that of the courts below. But read together, the plurality opinion and two concurring opinions raise a new set of disquieting questions.
Features
<b>Decision of Note: </b>'Holla Back' Hook Not Infringing
The U.S. District Court for the Southern District of New York ruled that there was no substantial similarity between the hook in the plaintiff's song and the hook in the defendant's song that would support an inference of copying
Issues in Licensing Music for Podcasts
Even amateur podcasters know that there are legal concerns with podcasting music. As the law stands now, a podcaster must secure permission for every copyrighted sound-recording master. This would be extremely time-consuming and expensive ' even for NPR, let alone individual podcasters. On the other hand, acquiring the rights to use the songs embodied in podcasts may not be as big a problem because the statutory compulsory license applicable to the mechanical reproduction of musical compositions probably applies to podcasts. In addition, blanket public-performance licenses are already offered by ASCAP, BMI and SESAC.
Legislative Recommendations By The Canadian Task Force On Spam Legislation, Regulation And Enforcement
The following points are from the task force's report. Numbering was kept from the report for reference purposes. Canadian spellings were also retained.…
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