The Supreme Court of Mississippi ruled that the heirs of the half-sister of blues musician Robert Johnson may proceed with their suit for ownership of the only two photographs of the legendary artist.
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
An important representation issue under the National Labor Relations Act (NLRA) involves scenarios where the scope of a bargaining unit is proposed to include both an employer's regular workers and employees supplied by a separate employer, such as a staffing agency. Just over 4 years ago in M. B. Sturgis, 331 NLRB 1298 (2000), the Board stated that "a growing number of employees who are part of what is commonly described as the 'contingent work force' are being effectively denied representational rights guaranteed them under the National Labor Relations Act." Therefore, the Board majority in Sturgis -- consisting of Chairman Truesdale and Members Fox and Liebman -- overruled prior precedent in Lee Hospital, 300 NLRB 947 (1990) and Greenhoot, Inc., 205 NLRB 250 (1973), and held that a bargaining unit could include both regular and supplied employees without the consent of both the regular employer and the supplier employer.
The latest rulings you need to know.
National rulings of interest to you and your practice.
In mediation, a trained third-party neutral is selected by the parties (or appointed by a tribunal) to assist the parties in resolving their dispute. Mediators may be members of a panel, are associated with a dispute resolution organization, or have a private mediation practice. Mediators serve pursuant to written mediation agreements that provide for confidentiality of the process, and outline the procedure that will be used in the mediation session. The hallmark of mediation is that the mediator meets with both sides, in joint and separate caucuses, and guides the parties through exchange of information and exploration of interests and positions in a confidential setting with the goal of enabling the parties to reach agreement themselves.
Critical questions for the Supreme Court are likely to be the amount of non-infringing activity required for a contributory or vicarious infringer to escape liability for use of its product, and perhaps the intent of the defendant in developing and marketing its product.
On January 1, 2005, the Recording Industry Accounting Practices Act took effect in California. The law, which was proposed by California State Legislator Kevin Murray (D-Culver City), gives artists minimum statutory audit rights that override several of the disputed audit provisions of standard recording agreements.
A roundup of recent court decisions on provisions in entertainment industry contracts.
