Features
Decision of Note: <B>Writer is Co-Owner Of Rights in 'Spawn' Character</B>
The U.S. Court of Appeals for the Seventh Circuit ruled that comic-book writer Neil Gaiman was joint owner of the copyrights in characters he created for the "Spawn" series published by Todd McFarlane. <i>Gaiman v. McFarlane</i>. The appeals court reached its decision by finding that Gaiman's claim wasn't time-barred.
Liability Rulings In Lawsuits Over Injuries on Sets
Liability for personal injuries has long been a major concern for film and TV studios, given the history of injuries to crew members on production sets. Two courts recently issued rulings based on this concern.
Features
Attorney Fees Update
Depending on the circumstances and the law, parties on either side of an entertainment suit may ask a court for an award of attorney fees. Following are court rulings from recent months that deal with this and related concerns. In this and future issues, <i>Entertainment Law & Finance</i> will report on such relevant rulings in Attorney-Fee Updates.
Changing Channels: Television Programming Issues In Negotiating Acquisition Deals
M & A transactions in the television business can take many forms ' from a large-scale merger such as that recently proposed between Comcast and Disney to the acquisition of a cable TV channel or small local UHF broadcast station. In some cases, even the acquisition of a large and significant sports rights package can be viewed as rising to the level and complexity of an M&A transaction. What is seen on the screen is a function of the rights obtained by broadcasters. Not surprisingly, given the complexities of such transactions, unusual rights situations arise. Following are some that I have encountered in many years of doing deals in the TV business.
Features
Clause & Effect: <b>Examining Concerns In Sales of Rights In Compositions</b>
Songwriters often form their own music publishing companies. If the publishing company sells the songwriter's compositions, what rights will actually be conveyed in the sale?
BobVila.com in Nation's First Anti-Spam Case
Through his commercial Web site, home improvement guru Bob Vila recently became the nation's first target of the new federal anti-spam law.
Canada's Music Industry Joins Piracy Crackdown
Following the lead of their American counterparts, Canada's biggest music producers recently asked the courts to order Internet service providers to identify customers who illegally swap songs on the Internet.
Police Must Abide by 'Net Privacy Act
In the 17 years since the Electronic Communications Privacy Act was enacted, courts have ruled in hundreds of cases involving the illegal release of subscriber information by Internet companies. But only a handful of decisions have dealt with such information being improperly obtained by government officials. A federal court ruling issued last month ' castigating two Fairfield, CT, police detectives for using an unsigned warrant to attain AOL subscriber information ' is just the fourth such opinion,
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- 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 ›