'360' Agreements Reflect Industry's Economic Shift
September 29, 2008
During the last few years, recording artists have been entering into so-called "360 agreements" with record companies and entertainment corporations in increasing numbers, changing the relationship that existed for decades among artists and major labels. Instead of focusing solely on sales of recorded music, the record companies now are sharing, through these agreements, in performers' income from a 360-degree range of professional activities. These developments reflect the difficulties encountered in the music industry as electronic transmission of recordings has become dominant and piracy rampant, making the financial returns from sales of records insufficient to justify the cost of creating, marketing and promoting recorded music.
Decision of Note
September 29, 2008
The U.S. Court of Appeals for the Seventh Circuit decided that NBC didn't breach the employment contract of a producer for the investigative TV series "Dateline" when it fired the producer at the end of a contract cycle.
Right-of-Publicity Amendments Extend Protections, But Marilyn Monroe LLC Suffers New Setback
September 29, 2008
Los Angeles entertainment attorney Robert A. Finkelstein accompanied Nancy Sinatra to Washington, DC, last summer for a U.S. Congressional hearing on a proposal for terrestrial radio stations to pay performance royalties to air sound recordings. Sinatra was a key artist-rights witness before the House Subcommittee on Courts, the Internet and Intellectual Property. Finkelstein praised a recent change in Washington state's right-of-publicity statute. The amendment, which took effect in June 2008, eliminated a personality's domicile as a bar to bringing a right-of-publicity suit.
Litigation
September 29, 2008
Recent rulings of interest to you and your practice.
The New York City Family Court Legal Services Project
September 29, 2008
Since Fall 2006, over 1,200 low-income families have been helped by an innovative pro bono project run by the New York City Family Court. The project is administering a much-needed jolt to a system overwhelmed by unrepresented litigants and a lack of resources.
Non-employee Spouse Waivers of ERISA Plan Benefits Not Reliable
September 29, 2008
In an aging population, accumulations in employee retirement plans assume greater and greater importance. Nowhere is this more true than in divorce, when, for many couples, retirement savings represent the most significant part of their savings.
Same-Sex Marriage: Survey on Policies
September 29, 2008
The start of same-sex marriages in California on June 16 made headlines across the country. However, it was not such a big deal for many U.S. companies. These businesses already give their gay and lesbian employees many of the same benefits that they provide to their married straight workers.
Technology in Marketing: An Experience Management Solution
September 29, 2008
A recent ACC Corporate Counsel survey reports that a lawyer's expertise is the single most important criterion when it comes to choosing new outside counsel. As a result, firms that are unable to quickly prove experience and expertise risk losing business and face competitive disadvantages. Here's what to do.