Social Media and Negotiating Celebrity Endorser Morals Clauses
One thing to do when hiring a celebrity endorser is to be certain the contract includes a "morals clause" that permits termination of a contract if the endorser decides to use Twitter, Facebook, LinkedIn, YouTube, etc., to tweet, post or upload offensive comments and materials. Know, however, that celebrity agents are very careful not to let contracts be terminated for bad behavior.
Market Potential for Franchising in Africa
Several African countries are demonstrating that they have the market size, growth, opportunities, and developing laws to support franchise development that would be attractive to forward-thinking, established franchisors and entrepreneurs looking for new investments.
Tax Issues in Employment Mediations
There is surely nothing wrong with preparing a term sheet instead of a formal agreement at the end of mediation. However, it can be a huge mistake to ignore tax issues.
Ruling Clarifies <i>Situs</i> of Injury for Online Infringement Claims
Declaring that the Internet "plays an important role in the jurisdictional analysis in the specific context of this case," the New York Court of Appeals has ruled that in copyright infringement cases involving the uploading of a copyrighted printed literary work onto the Internet, the situs of injury for purposes of determining long-arm jurisdiction under NY CPLR 302(a)(3)(ii) is the location of the principal place of business of the copyright holder.
Bit Parts
Bruce Lee Enterprises Can Proceed with False Endorsement Claim<br>Contributory Infringement Claim over Terminator Is Dismissed<br>Eastern District of New York Illuminates Infringement Test for Reality TV Series
TV Reality Show Arbitration Clause Binds Non-Signing Participant
A teen beauty who slapped The Walt Disney Co. with a $100 million suit claiming she had been depicted as a bratty child on the reality TV show <i>Wife Swap</i> will not have her day in court. Alicia Guastaferro was 15 when her mother signed a release and waiver for her TV appearance, during which the daughter made the comment that she felt "sorry for people who aren't as gorgeous as me." Even though Guastaferro did not execute the release, Acting New York County Supreme Court Justice Saliann Scarpulla nonetheless held that she was bound by its arbitration clause.
Mixed Summary Judgment Ruling in Ringtones Litigation
Record labels have taken a lot of heat for being slow learners when it comes to profiting from Internet-era trends like downloads of mobile ringtones, but the labels haven't been shy in one area: copyright litigation against online purveyors of their artists' music. Musicians, meanwhile, have targeted the labels for allegedly stiffing them on royalties when customers pay for their music online.
