Account

Sign in to access your account and subscription

LJN Newsletters

  • Recent developments in entertainment law.

    This month:
    Agent Commissions/Arbitration Awards
    Documentaries/Defamation
    Downloading/Default Judgment
    DVD Distribution/Preliminary Injunctions
    Tax Liability/Royalty Statements

    July 28, 2005Stan Soocher
  • Agency Agreements/Commissions
    Recording Contracts/Copyright Renewals

    July 28, 2005Stan Soocher
  • 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.

    July 28, 2005Susanna Frederick Fischer
  • 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

    July 28, 2005ALM Staff | Law Journal Newsletters |
  • Recent cases in entertainment law.

    July 28, 2005ALM Staff | Law Journal Newsletters |
  • 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.

    July 28, 2005Steve Gordon
  • The recent decision in 1-800 Contacts, Inc. v. WhenU.com is an important case in the murky law relating to keywords. Many companies use keywords in some form to generate revenue, from search engines selling keywords to trigger banner ads or the pop-up business described in the WhenU decision.
    The case is particularly important for companies such as Google not only because keyword sales represent a substantial portion of their revenue, but also because obtaining legal precedent supporting this kind of business has been inconsistent.

    July 28, 2005Douglas Wolf
  • Recent cases in e-commerce law and in the e-commerce industry.

    July 28, 2005ALM Staff | Law Journal Newsletters |
  • Despite their negative public images and being the target of much private invective, Internet pop-up ads and unsolicited commercial e-mail (spam) have transfigured marketing ' and, like spam, Internet pop-ups can be lawful if they are not deceptive.
    That said, trademark infringement may be the only successful cause of action against Internet pop-up advertisers and getting them to change their business methods.

    July 28, 2005Jonathan Bick