The Phonorecord Compulsory License Statute and the Unresolved 'Arrangement Privilege'
January 28, 2009
The Copyright Act of 1976 reflects a balance of the competing interests of copyright holders and those wishing to build on their existing works. As to composers of music, on one hand it secures to copyright holders the exclusive rights of exploitation in the manners prescribed by Sec. 106. On the other hand, the Act recognizes that new creation is often rooted in existing works, and therefore allows a new artist to borrow from existing works in appropriate circumstances without fear of being labeled an infringer. For over a century, one such "carve-out" from the exclusive rights secured to copyright owners has been the compulsory license in and to musical works, codified at 17 U.S.C. Sec. 115. Yet certain of Sec. 115's parameters have never been clearly defined.
The ADA Amendments Act
January 28, 2009
Congress recently enacted the ADA Amendments Act of 2008 to clarify its intent as to who is protected by the Americans with Disabilities Act of 1990. Here's how to comply.
Movers and Shakers
January 28, 2009
Hogan & Hartson Wins MySpace Ruling<br>e-Discovery Firm's Counsel Wins Case Study Contest
Developments of Note
January 28, 2009
FTC Stops Business That Used the Web To Peddle Cancer 'Cures' <br>More Time Allowed for Comments on Proposed Changes to Ad Guides
NY Judge Rejects Amazon's Claim Against Web Sales Tax Statute
January 28, 2009
A state judge has ruled that Amazon.com did "not come close" to demonstrating the unconstitutionality of a new state tax statute that requires many online retailers to collect state sales tax on purchases by New York residents.
Fraud, Fraud Everywhere (Nor Any Relief For the Victim)
January 28, 2009
From Wall Street executives, to Ponzi scammers like Bernard Madoff, to run-of-the-mill scammers easily exposed at sites such as Snopes.com, the Internet ' as we all should know ' has truly souped up, and made easier, frauders' ability to prey on others than ever before.
ESI Preparedness
January 28, 2009
As corporate litigation increases in a down economy, businesses have felt the pressure more than ever to take inventory of their ESI and prepare for the day their ESI management practices are called into question.
The Struggle over Net Neutrality
January 28, 2009
In impassioned language more appropriate to international conflict, political debate or, at the very least, the cosmic struggles of comic-book superheroes and villains, a debate about "net neutrality" continues to rage in legal and business publications, on the Internet and in blogs throughout the world.
