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Features

"Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight Image

"Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight

David G. Kim & Michael K. Friedland

The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.

Features

Don't Get Caught Holding a Conditional Loan Approval at Closing Image

Don't Get Caught Holding a Conditional Loan Approval at Closing

Matthew Kramer

With rising interest rates and more stringent lending standards for both residential and commercial properties, security deposit disputes caused by buyers' inability to satisfy pre-closing purchase-financing conditions are also increasing.

Features

Ninth Circuit Bankruptcy Appellate Panel: 523(a) Discharge Exceptions Don't Apply to Corporate Debtors Under Subchapter V Image

Ninth Circuit Bankruptcy Appellate Panel: 523(a) Discharge Exceptions Don't Apply to Corporate Debtors Under Subchapter V

Lawrence J. Kotler & Elisa Hyder

In Lafferty v. Off-Spec Solutions, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit held that the discharge exceptions under Section 523(a) do not apply to corporate debtors under Subchapter V of Chapter 11 of the Bankruptcy Code.

Features

It's Time for Lawyers to Return to the Office 5 Days a Week Image

It's Time for Lawyers to Return to the Office 5 Days a Week

J. Mark Santiago

It's time for attorneys to return to the office on a five day a week schedule. There is significant evidence that shows remote learning is not as effective as in-person instruction.

Features

New York's Seldom Used Expedited Money Judgment Mechanism: CPLR 3213 Image

New York's Seldom Used Expedited Money Judgment Mechanism: CPLR 3213

Massimo F. D'Angelo & Gregory Wong

In New York state and local court cases, there is a seldom-used procedural mechanism for obtaining an expedited money judgment against a guarantor. This article provides an overview of CPLR 3213 motions, an update on the resolution of the split that previously existed between the New York State Supreme Court, Appellate Division, First and Second Departments, and practical guidance for transactional counsel drafting commercial leases and guaranties.

Features

Determining Ownership Rights of Social Media Accounts Image

Determining Ownership Rights of Social Media Accounts

Dyan Finguerra-DuCharme, Felicity Kohn & Abla Belhachmi

This article provides guidance on the standards courts apply in determining ownership rights over social media accounts, as well as best practices to head off such disputes before they occur.

Features

Why Are Lawyers Still Working Remotely? Image

Why Are Lawyers Still Working Remotely?

J. Mark Santiago

It's time for attorneys to return to the office on a five day a week schedule. There is significant evidence that shows remote learning is not as effective as in-person instruction.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

New York Real Estate Law Reporter Staff

Partial Constructive Eviction Defense Recognized Condition Precedent to Sub-Sublease Not Satisfied Guaranty Law Does Not Bar Liquidated Damages Claim Penalty for Improper Conversion of Residential Building Force Majeure Clause Reduces Pandemic-Era Rent

Features

Law Firms Eager to Increase Nonequity Tiers Image

Law Firms Eager to Increase Nonequity Tiers

Andrew Maloney

Last year saw a "staggering" jump in the number of law firm leaders who said they wanted to increase their nonequity tier going forward. Now it's clear many of the biggest Big Law players are following through, with several Am Law 100 firms growing their income partner ranks by double-digit percentages in 2023.

Features

Will the Corporate Transparency Act Smother the Cannabis Industry? Image

Will the Corporate Transparency Act Smother the Cannabis Industry?

Steve Schain

The CTA requires business entities to file information on their "beneficial owners" with FinCEN, which, in turn, may disclose it to domestic and foreign law enforcement agencies, prosecutors, judges and financial institutions.

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MOST POPULAR STORIES

  • "Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight
    The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
    Read More ›
  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
    Read More ›
  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
    Read More ›