LJN Newsletters

Does subsequent new value need to be unpaid to constitute a defense to a preferential transfer under section 547(c)(4)? The issue arises when a creditor asserts the subsequent new value defense to a preference action, on the basis that additional credit (goods or services) was extended after the preferential transfer occurred, even if the subsequent new value was paid for by the debtor. With every decade comes a new wrinkle in the discussion on whether the subsequent new value provided must remain unpaid. The issue has been resurrected recently due to the frequency of critical vendor orders authorizing the post-petition payment of pre-petition debt and debtors-in-possession agreeing to pay reclamation claims in exchange for keeping the goods.

In today's concert scene, high-energy music is often accompanied by audience members who engage in such physical, and sometimes dangerous, activities as crowd surfing, moshing and stage diving. What happens when a member of the audience is injured as a result of such conduct by another concertgoer?

Regardless of which business form an artist selects to handle general music business matters, the touring artist should consider forming a separate business entity under which to conduct touring activities.

The U.S. District Court for the Southern District of New York ruled that a songwriter's suit over the James Brown hit "It's a Man's Man's Man's World" was barred by the 3-year statute of limitations of the Copyright Act.

Taking an artist's act on the road involves a variety of situations giving rise to potential liability distinct from those associated with general music business activity. Overland vehicle travel ' the norm for all but a handful of prominent national touring acts ' is only the most obvious example. The range of activities that take place in presenting a live show, even at the club level, offers a host of others. Thus, an artist's representative should ensure the following types of insurance policies are in place before a tour begins.

Last October, President Bush signed into law the American Jobs Creation Act of 2004. This 2004 Tax Act amended nearly 600 sections of the Internal Revenue Code (IRC), thereby making far-reaching changes to many areas of tax law. While the major focus of the 2004 Act was to provide tax relief for U.S. corporations repatriating earnings back to the United States, this new legislation also provided numerous revenue-raising provisions and tax cuts that affected corporate and individual taxpayers and special interest groups, from film producers to owners of sports teams.

Recent developments in entertainment law.

Recent cases in entertainment law.