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Decision of Note Image

Decision of Note

ALM Staff & Law Journal Newsletters

The Court of Appeal of California, Second Appellate Division, has decided that to toll the statute of limitations of the California Talent Agencies Act, an 'action' must be filed with the state labor commissioner, rather than state court, within one year of the alleged Act violation. <i>Greenfield v. The Superior Court of Los Angeles County</i>, B159313 (Feb. 27).

Features

'Beach Boys' Ruling Demonstrates Complexity Of Fair-Use Trademark Infringement Defense Image

'Beach Boys' Ruling Demonstrates Complexity Of Fair-Use Trademark Infringement Defense

Stan Soocher

The entertainment industry, based on building brand-name content and entities, has a long history of disputes over trademarks. Yet it may be unclear to a court how a defendant in a trademark infringement action intends to use a fair-use defense.

<b><i>Decision of Note</b></i> Statute of Frauds Bars Enforcement Of Executive Deals Image

<b><i>Decision of Note</b></i> Statute of Frauds Bars Enforcement Of Executive Deals

ALM Staff & Law Journal Newsletters

The Court of Appeals of Tennessee, at Nashville, has decided that the Statute of Frauds barred record executives from enforcing unsigned two- and three-year contracts for them to operate a proposed but canceled country music label. Shedd v. Gaylord Entertainment Co., M2002-00258-COA-R3-CV. The statute voided the contracts because they couldn't be performed within one year, the court noted.

Features

Interpreting Court's 'Grokster' Ruling In Light of 'Napster' Case Precedent Image

Interpreting Court's 'Grokster' Ruling In Light of 'Napster' Case Precedent

Stan Soocher

The recent ruling by the U.S. District Court for the Central District of California upholding the distribution of decentralized peer-to-peer file-sharing software has made the entertainment industry's legal battle to eliminate the free exchange of content over the Internet seem even more insurmountable. Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 01-08541. While industry executives tout a silver lining in District Judge Stephen V. Wilson's finding that consumers commit direct copyright infringement by using such technology, this nevertheless is the first major ruling against the entertainment business on the file-sharing issue. The odds on the entertainment industry prevailing on appeal are tight because the district court relied primarily on distinguishing the Ninth Circuit's holding in A &amp; M Records Inc. v. Napster Inc. But a close look at Grokster provides some useful ideas for the entertainment industry to consider in its fight.

Features

Bit Parts Image

Bit Parts

Stan Soocher

Recent developments in entertainment law.

TVT vs. Def Jam Provides Tips On Evidence Use Image

TVT vs. Def Jam Provides Tips On Evidence Use

Stan Soocher

On March 21, a Manhattan federal jury ruled that the Island Def Jam Music Group (IDJ) committed breach of contract, copyright infringement and fraud over TVT Records plans to release an album by hip-hop producer Irv Gotti featuring Ja Rule and his group Cash Murda Click (CMC). (TVT alleged that IDJ wrongfully prevented Gotti from delivering a CMC album for a November 2002 release date.

Courthouse Steps Image

Courthouse Steps

ALM Staff & Law Journal Newsletters

Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.

Clause & Effect Image

Clause & Effect

Stan Soocher

Parties who buy rights to produce films often sell those rights to third parties. Such assignments raise the issue of whether the third-party buyer must meet the contractual obligations that the original rights buyer owed the original rights seller.

Features

Cameo Clips Image

Cameo Clips

ALM Staff & Law Journal Newsletters

Recent cases in entertainment law.

Features

Decision of Note: <B>Defamation Claim Reinstated Over 'Hardball' Film</B> Image

Decision of Note: <B>Defamation Claim Reinstated Over 'Hardball' Film</B>

Stan Soocher

The U.S. Court of Appeals for the Seventh Circuit has reinstated a lawsuit alleging that a youth-baseball coach may have been defamed by the movie 'Hardball.'

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