Comparing Contract Drafting in the United States and United Kingdom
April 30, 2013
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.
Supreme Court's <i>Kirtsaeng</i> Decision Fuels 'First Sale' Debate
April 30, 2013
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.
Court Battles over Digital Television Distribution
March 29, 2013
Aereo Inc.'s pitch is this: With one of its tiny antennas, no bigger than a dime, viewers can watch television through the Internet. But this is erupting into a litigation nightmare for broadcasters. The fight boils down to whether the broadcasters' copyrights for their shows give them control over how the shows are distributed.
Display in Musical of Clip from 'Ed Sullivan' Show Was Fair Use
March 29, 2013
In <i>SOFA Entertainment, Inc. v. Dodger Productions, Inc.</i>, the U.S. Court of Appeals for the Ninth Circuit considered whether it was "fair use" under the Copyright Act for the award-winning musical "<i>Jersey Boys</i>" to use a seven-second clip of Ed Sullivan's introduction of the Four Seasons rock band on "<i>The Ed Sullivan Show</i>" that aired in 1966.
George Clinton Battles Law Firm over Copyrights
March 29, 2013
In Nov. 2012, Seattle U.S. District Judge Robert Lasnik had ruled that 'Godfather of Funk' George Clinton must cede the copyrights to the master recordings of four Fundadelic albums released by Warner Bros. between 1976 and 1981 to Seattle-based Hendricks & Lewis to make good on more than $1.5 million in unpaid legal fees.
<b>Decision of Note:</b> No Jurisdiction over E-Book Uploader
March 29, 2013
The U.S. District Court for the Southern District of New York dismissed Penguin Group's copyright infringement claims against American Buddha, a nonprofit that makes hundreds of books available for free, including four titles by Penguin.
Tackling Tax Planning Issues of Nonresident Alien Artists
March 29, 2013
One of the challenging areas of income tax planning is working on behalf of nonresident alien (NRA) performing and creative artists. Integrating the typical rules of the Internal Revenue Code that apply to U.S. income tax residents with what might apply to a NRA coming to work in the United States, as a result of their specific facts and circumstances and applicable tax treaties, can be a confusing maze.
BIT PARTS
March 29, 2013
'Actual Notice' Issue Up Next in Victor Willis Termination Rights Litigation<br>Alleged Access Scenarios No Help to Plaintiff in Suit over Tim McGraw Hit<br>California's Retroactive Right of Publicity Doesn't Violate Due Process<br>Copyright Attorney Fees Assessed Against Ed Sullivan Show Owner
