Product Review: Timeslips 2004
Version 2004 has several important new features that should justify upgrades by current Timeslips users, and create interest for new users as well.
What Lies Beneath: Technology That Supports Effective Compliance
Much has been written about the reporting requirements mandated by federal laws such as the Sarbanes-Oxley Act of 2002 (the Act), the Health Insurance Portability & Accountability Act (HIPAA) and the Gramm-Leach-Bliley Act enacted in 1999 (GLBA), but less has been said about the technology that underlies successful efforts to comply. What is clear is that enterprise software and integrated records management are the only viable ways to meet these requirements. The software selected must take into account both changes in these requirements, and the prospect of future state and federal retention and reporting requirements. Since software doesn't exist in a vacuum, hardware and network considerations must be part of the overall system strategy. Law firms with corporate clients and corporate counsel need to be involved in the planning and implementation of such a system.
Features
Decision of Note: <B>Court Upholds Sound-Recording Synch Licenses For Recordings</B>
The U.S. District Court for the Southern District of New York decided that Universal Music Group had the right to issue synchronization licenses for the use of sound recordings of singer Connie Francis in motion pictures. <i>Franconero v. Universal Music Corp.</i>, 02-1963. The ruling is the latest to follow the New York Court of Appeals decision in <i>Greenfield v. Philles Records Inc.</i>, 98 N.Y.2d 562, 780 N.E.2d 166, 750 N.Y.S.2d 565 (2002), that a record company obtains rights that artists fail to reserve in recording agreements.
Features
Peer-to-Peer Downloading Legalized in Canada
Before the Canadian Copyright Act was amended in 1998, copying any copyrighted sound recording for almost any purpose infringed copyright in Canada. The 1998 amendment legalized copying of sound recordings for the private use of the person who makes the copy. But it was unclear whether the amendment legalized Internet music downloading. In Dec. 2003, the Canadian Copyright Board determined that downloading music from peer-to-peer file-sharing services is legal as long as the downloaded file is used as a "personal copy." In its recent determination, however, the Board didn't declare uploading to be legal and stopped shy of completely legalizing peer-to-peer music trading.
Features
Industry Bright Spot: Deals for Licensing Ring Tones For Use in Cell Phones
In an industry plagued by shrinking CD sales, the rapid growth in the consumer market for ring tones has been a music business bright spot. In fact, a number of companies have entered the market to provide musical compositions for use by consumers as ring tones for cell phones. The contracts for these companies to license songs from copyright owners vary, and this article touches on many of the issues involved.
Features
Courthouse Steps
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Clause & Effect: <b>Enforcing Deal Memos Between Parties</b>
Negotiations in the entertainment industry are often set down in deal memos that are many times followed by more formal agreements. A complication arises when parties dispute whether a deal memo or a subsequent draft agreement is the enforceable document. This issue recently was considered in a case in California that arose over negotiations for music publishing rights.
AFA President Discusses the Challenges of Being a Franchisee
For more than a decade, Susan P. Kezios has been one of the most outspoken and effective advocates for franchisees. The organization that she founded in 1993, the American Franchisee Association (AFA), lobbies on behalf of franchisees and conducts numerous educational seminars and conferences throughout the year. In this Q&A, Kezios discusses the most prominent challenges that franchisees face today and gives her "insider" perspective on how those challenges can be surmounted.
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MOST POPULAR STORIES
- Clause & EffectNet-Profit Rights/Movies Based on TV Shows<br>Insurance/Contract-Breach Exclusion<br>Insurance/Copyright-Infringement CoverageRead More ›
- 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 ›
- 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 ›