ABC Loses Preliminary Injunction Bid to Stop Online TV Service
In a setback for ABC and other broadcasters, a federal judge declined to enjoin a service that streams broadcast channels over the Internet for a monthly fee.
Features
<b><i>Commentary: </i>Keeping Copyright Preemption on Track</b>
The bedrock of the film industry is the protection afforded by the Copyright Act, as without it all is for naught ' no one would spend more than a few dollars to make a film if it could not be protected. It is thus necessary for us to jealously guard the proper application of the Copyright Act and we should have qualms when copyright cases go off track. One critical aspect of the Copyright Act is the degree to which it preempts state law.
Second Circuit: No Preemption of Implied Contract Claim
The Copyright Act doesn't preempt a lawsuit over the idea for the television show <i>Royal Pains</i>, the U.S. Court of Appeals for the Second Circuit recently ruled.
Features
e-Discovery and U.S.Privacy Laws
U.S. data privacy laws pose complex issues for corporations, especially in the context of e-discovery. Here's what you need to know.
Raising the Bridge v. Lowering the Water: Expense Management and Its Relation to Cost Recovery
What many firms fail to take advantage of is the fact that, by focusing on the recovery of costs where applicable, they can accomplish more to help their bottom line than most cost reduction exercises.
Features
Digital Music Provider Can Operate During Court Dispute
Like most 'legit' digital music services, MediaNet has yet to make a cent in profit. In fact, MediaNet offers a fascinating example of the recording industry's struggles to adapt to the digital age.
Features
Will Your Firm Pass a Stress Test?
An annual stress test can evaluate the critical areas of firm governance, financial reporting, risk management, fiduciary practices and financial health. Monitoring these factors can help a law firm prepare to weather both internal and external threats.
Courts in NY, TN Rule on Impact of Federal Copyright Law on Pre-1972 Recordings
How federal copyright law may affect state common law copyrights in sound recordings has long been a priority concern for record labels. Two courts recently rendered decisions on this issue.
Tax Developments for Film Companies
For the last several years, the largest source of "soft money" for film financing has been U.S. state tax credits, but within the past year the Internal Revenue Service issued a Chief Counsel Advice that threatened the viability of this vital source of financing by holding that the receipt of the proceeds from the sale of state tax credits is immediately taxable.
Features
PDF Proficiency at Your Law Firm
This article hopes to shed some more light on how law firms of all sizes and complexities can make better use of this Adobe technology they probably already have.
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- Major Differences In UK, U.S. Copyright LawsThis 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 ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- "Holy Fair Use, Batman": Copyright, Fair Use and the Dark KnightThe 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 ›
- The Stranger to the Deed RuleIn 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 ›