Cameo Clips
COPYRIGHT INFRINGMENT/NON-TRADITIONAL TEST<br>TRADEMARK INFRINGEMENT/BAND NAMES, ALBUM TITLES
Unauthorized Uses of Music in Campaign Ads
Lawrence Y. Iser, a partner in Los Angeles's Kinsella, Weitzman, Iser, Kump & Aldisert LLP, served as attorney for Jackson Browne in the McCain litigation and is counsel to musician David Byrne in a pending action against Florida Governor Charlie Crist that was filed after Crist used the Talking Heads' song and recording "Road to Nowhere" in Crist's campaign ad for the U.S. Senate. In the Q&A that follows, Iser responds to questions from <i>Entertainment Law & Finance</i> Editor-in-Chief Stan Soocher about litigation and related issues regarding music in political ads.
Royalty Reduction for English-Titled Songs Is Ruled Contract Breach
The U.S. District Court for the Southern District of New York decided that, in paying reduced royalties for English-titled instrumental versions of songs, Universal breached subpublishing agreements that Brazilian songwriters Antonio Jobim and Vinicius de Moraes entered into with Universal's predecessors-in-interest.
Clearing Content for Live Venues' Web Sites
This article discusses issues that arise in the context of organization-commissioned materials by employees and third parties, the use of third-party materials, and privacy and publicity rights of performers and audience members.
Internet Sale Ruled To Trigger Personal Jurisdiction in Long-Arm Law
A federal appeals court ruled last month that a trademark-infringement action can be brought against an out-of-state employee of an online retailer who sent a bogus handbag to an address in the Bronx, New York City, from a Web site that offered merchandise to New York consumers.
Recent Rulings Highlight Software Licensing Disputes
This article discusses software licenses generally, the availability of copyright and contract claims in the event of a breach, and other areas of disagreement that may arise in a software-licensing dispute.
Unconstitutional Burdens
Record-breaking budget shortfalls have caused states to search outside the box for revenue-raising tools that many argue are unconstitutional and violate the consumer privacy that online shoppers have come to expect. Today, with so much of retail activity conducted over the Internet, states are struggling with revenue losses stemming from this constitutional restriction. States are reacting by becoming ever more creative in their attempts to capture this lost revenue by adopting new laws aimed at circumventing the Commerce Clause restrictions.
Promoter Wins Attorney Fees for Challenging Truth-In-Music Law
New Jersey will have to pay the legal fees for a music promoter that sued the state to stop it from enforcing its "truth-in-music" law. The U.S. Court of Appeals for the Third Circuit held in <i>Singer Management Consultants Inc. v. Milgram</i> that the promoter, which accused the state of violating its constitutional and trademark rights, was a prevailing party for fee-shifting purposes.
<b><i>Product Review:</b></i> American LegalNet's eDockets
The docketing process can be highly risky. When a law firm's docketing and calendar workflow is undefined or loosely structured, the firm is left vulnerable ' vulnerable to missing deadlines, losing track of e-filings, or submitting out-of-date or unofficial forms. Further, time-consuming paper reporting, inconsistent database and deadline management and a lack of integration with other critical programs (such as time and billing systems, conflicts checking and document management systems) cannot only diminish a firm's workflow efficiency, but also increase its risk.
