Protecting Your Blog
October 28, 2011
Blogs are prepared and used for personal, political and economic reasons. And liability issues associated with blogs are the same liability issues that are ' and long have been ' associated with traditional publications that are purposely made available to the public, again, for personal, political and economic reasons.
A World of Copyright Confusion on the Web
October 28, 2011
Keeping track of and complying with copyright laws can be difficult, especially for ISPs and social-media companies that provide services to a global market. Many countries have developed specific legislation to help protect such entities from liability relating to the activities of their users. Unfortunately, the laws are not uniform ' or are not interpreted consistently ' and therefore compliance requires knowledge of the nuances among them.
'Bad Boy' Guaranties: Does the Punishment Fit the Crime?
October 28, 2011
While the "bad boy" guaranty has the practical effect of reducing the number of bankruptcy filings, this inability to file troubled companies for bankruptcy may prevent the efficient restructuring of distressed debt. Whether this is a positive development for either lenders or debtors remains to be seen.
The NLRB Wants to Be Your 'Friend'
October 28, 2011
Many employers have implemented ' or at least considered implementing ' social media policies in an effort to protect their reputations, protect their employees, and prevent the dissemination of confidential or proprietary information. Many of these policies likely contain blanket prohibitions of disparaging, discriminatory or defamatory remarks in relation to the company or its employees. These policies seem to make perfect sense, but unfortunately, employers need to re-think them in light of a NLRB recent decision.
Bit Parts
October 28, 2011
Fox Film's Refusal to Return Initial Investment Isn't Breach of Co-Financing Agreement<br>Oklahoma Federal Court Finds Fraudulent Transfer of Songwriter's Assets<br>Trading Card Series Is Protected Speech<br>Video Game Developer's Counterclaim Seeking Milestone Payment Avoids Summary Judgment
Cameo Clips
October 28, 2011
COPYRIGHT INFRINGEMENT/GRAND RIGHTS IN PLAYS<br>DIGITAL DISTRIBUTION/SONG ROYALTIES
Copyright Restoration Arguments at the U.S. Supreme Court
October 28, 2011
No musicians played on the steps of the Supreme Court when inside the justices heard oral arguments in <i>Golan v. Holder</i>, which touched on a range of intellectual property issues and musical works from classical's Dmitri Shostakovich and Igor Stravinsky to classic rock's Jimi Hendrix. The impact of how the high court interprets Congress' 1994 amendments to the Copyright Act could affect the future use of possibly millions of pieces of works and may refine how U.S. law defines acceptable use versus infringing abuse in a global community.
Divorce Distribution Of Creative Assets
October 28, 2011
While it may be relatively clear-cut to determine the value of real property, financial accounts and even a professional practice when a Creative Spouse and his or her Supporting Spouse divorce, the question may arise as to how to distribute the value of the intellectual property or "celebrity status" the Creative Spouse created during the marriage. This article considers what rights, if any, a Supporting Spouse may have in the value of a Creative Asset.
Under-Utilization of the Cooperation Clause and Related Policy Conditions
October 28, 2011
The Examination Under Oath is an old, time-tested tool. It is a condition in the policy, and the purpose is to allow insurers to obtain necessary information and documentation to process claims. The purpose of the discussion in this article is to show that courts recognize this condition and enforce cooperation between insured and insurer.
