Clause & Effect
Net-Profit Rights/Movies Based on TV Shows<br>Insurance/Contract-Breach Exclusion<br>Insurance/Copyright-Infringement Coverage
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Fishing for Joint Patent Ownership Under 'BASF v. CSIRO'
Richard S.J. Hung, Jacob N. Nagy
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Evangeline T. Phang
A recent Federal Circuit opinion sheds light on the process for settling co-ownership disputes pursuant to an underlying agreement. Although the precedential opinion does not change the rules of contract interpretation, it suggests considerations when drafting ownership agreements.
Features
Second Circuit Interprets 'Executed By the Author' In Copyright Act's §203 Grant Termination Provision
Stan Soocher
Composers of pre-1978 works often assigned both the initial and renewal copyright terms in their works when signing songwriter agreements with music publishers. But what happens when a grant of the copyright renewal term of a pre-1978 work has been made post-1977?
Features
Components of Legal Work On NFTs
Bruce Love
With a significant amount of NFT activity arising from the entertainment and sports industries comes an inevitable need for legal services. But taking advantage of this economic growth is no simple matter for entertainment, media and sports lawyers. It requires an understanding not just of NFT transactions, but also of data security, intellectual property, public policy, and a whole raft of regulatory and compliance issues.
Features
A Primer on Landlord Exculpatory Provisions In Leases
Marisa L. Byram
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Garrett L. Kinkelaar
Keystone Specialty Services Co. v. Ebaugh Practitioners should take note that depending on the jurisdiction, a well-drafted exculpatory clause may afford additional protections to a commercial landlord, even from its own negligent acts.
Features
Trademark Oppositions and Coexistence Agreements
Ben Thompson
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Robert Moorman
There are frequent battles over trademark rights in the entertainment industry. Trademark publication can be an anxious part of the federal application process, with fear of aggressive opposition and costly proceedings looming in the background. But many trademark oppositions, whether they are only threatened or actually filed, afford the applicant a discussion with an opposer that can ultimately be helpful in nonobvious ways.
Features
The Connection Between Process Improvement, Project Management, and Pricing
Catherine Alman MacDonagh
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Frederick J. Esposito Jr.
Law firms must continuously review business and legal processes to operate and interact with less waste and costs and develop pricing models that address client needs while generating profits for the law firm. This is actually simple, but not easy to do.
Features
'Executed By the Author' In Copyright Act's §203 Grant Termination Provision Interpreted By Second Circuit
Stan Soocher
Composers of pre-1978 works often assigned both the initial and renewal copyright terms in their works when signing songwriter agreements with music publishers. But what happens when a grant of the copyright renewal term of a pre-1978 work has been made post-1977?
Features
After Another Big Year, Law Firms Should Plan for Recession
J. Mark Santiago
Planning for the downturn in a clear, methodical way by investing the existing good fortune that most firms enjoy into strengthening your technical infrastructure, trimming expenses, and rethinking how administrative services are delivered to the attorneys.
Features
Preferred Equity In Peril?
Adam Shpeen, Aryeh Ethan Falk
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Stephen Ford
Two Recent Cases Shed Light on Potential Risks to Preferred Equity Holders in Chapter 11 Preferred equity is a varied and flexible instrument, but, in practice, it typically has a limited number of common features. One feature is that it is entitled to a "liquidation preference" ahead of common stock. Whether the liquidation preference of preferred equity entitles preferred shareholders to priority over common shareholders in a Chapter 11 reorganization is a question that figured prominently in two recent high profile cases.
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- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
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- 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 ›