Features
Tax Planning for Nonresident Alien Artists
The independent contractor nonresident alien (NRA) who has a high level of U.S. tax-related operating expenses may wish to consider the feasibility of obtaining a Central Withholding Agreement (CWA) or otherwise be saddled with 30% tax withholding on his or her gross fees.
Features
Expected Impact of Supreme Court First-Sale Ruling
The U.S. Supreme Court's recent ruling in <i>Kirtsaeng v. John Wiley & Sons</i>, that a legally obtained copyrighted work can be imported into the United States and resold without permission from the copyright owner, even if it was manufactured and sold overseas, has broad legal ramifications going forward, intellectual property attorneys say.
FL Court of Appeal Quashes Motion to Disqualify Concert Case Lawyer
The Florida Third District Court of Appeal ruled that a Miami-Dade, FL, circuit judge erred in granting Mexican songstress Paulina Rubio's request to disqualify the opposing attorney in a lawsuit over a missed concert.
Comparing Contract Drafting in the United States and United Kingdom
The authors' previous article, in the March 2013 issue of <i>Entertainment Law & Finance</i>, considered differences between copyright regimes in the United Kingdom and the United States. This article highlights some of the principal differences between UK and U.S. contract law.
Columns & Departments
News Briefs
Highlights of the latest franchising news from around the country.
Columns & Departments
IP News
Highlights of the latest intellectual property news from around the country.
The Diminishing Claim Vitiation Limitation to the Doctrine of Equivalents
Infringement under the doctrine of equivalents ("DOE") is frequently asserted in patent litigation. DOE allows a plaintiff to maintain an infringement claim even if the accused instrumentality does not literally possess all the limitations of the claim as interpreted by the court.
Features
Supreme Court's <i>Kirtsaeng</i> Decision Fuels 'First Sale' Debate
Publishers frequently charge different prices in foreign markets, and they have argued that allowing unrestricted importation threatens that practice. In March, the Supreme Court squarely addressed this issue for the first time in <i>John Wiley & Sons Inc. v. Kirtsaeng</i> and held that the first-sale doctrine does in fact apply to copies made overseas and, as a result, these copies could be purchased in foreign markets and legally resold in the United States.
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
- Blockchain Domains: New Developments for Brand OwnersBlockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Beach Boys Songs Written Decades Ago Triggered Current Quarrel With LawyersThere's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.Read More ›
- Professional Development: How to Be An Ally In the Legal ProfessionLast year law firms sent out announcements about their commitment to Diversity, Equity, and Inclusion (DEI) efforts in response to racial tensions. One of the initiatives firms stated they implemented is a formal allyship program. However, allyship in not a program or a mindset. It is a verb.Read More ›
- Damages In Trademark Infringement LitigationsDuring a time when online marketing, virtual shopping and electronic communication are more widely used than ever, it is critically important for entertainment industry businesses to be highly aware of how they are using trademarks, the scope of a trademark owner's rights and the consequences of infringing them.Read More ›