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Authorship and Copyright In Hybrid AI-Human Collaborative Works
April 01, 2023
The United States Copyright Office recently issued a letter ruling on the copyrightability of Kristina Kashtanova's comic book-like work, Zarya of the Dawn. The Kashtanova ruling indicates that the Copyright Office's determination of copyrightability of works involving use of AI will rely on whether the author is able to control and foresee with some measure of predictability the output of the authorial process
Innovative Uses and IP Considerations of 3D Printing
April 01, 2023
Companies involved in 3D printing must be cognizant of the patent rights obtained by their competitors in this space and must be proactive in identifying and securing their own patent rights to effectively compete in this continually developing field.
IP News
April 01, 2023
Proving Damages for Trademark Infringement In the Eleventh Circuit
Music Publishing and Recording Rates and Royalties 2023: Past, Present and Future
April 01, 2023
Part Two of a Two-Part Article In the United States and in most foreign countries, the "performance right" is one of the most important rights of copyright and, in many cases, the most lucrative. In the United States, there is no statutory license under the Copyright Act for this right. Songwriters, composers, lyricists (jointly "writers") and music publishers join these organizations, which in turn negotiate licenses with the users of music, collect the license fees from those users and distribute the monies to writers and publishers based on surveys of performances, specific payment schedules and distribution rules, as well as other factors.
What's Happening With the Concerns Over How Event Tickets Are Sold Online?
April 01, 2023
The November 2022 tech meltdown of online access that slowed or barred consumers from buying tickets from Ticketmaster for Taylor Swift's Eras Tour, her first since 2018 and the largest one-day ticket demand Ticketmaster had ever faced, generated worldwide coverage and outrage from her fans. But the incident also resulted in a sizzling convergence of many of the issues that have plagued online sales of live events for years.
11th Circuit Joins Controversy Among Circuits on Copyright Damages Look Back
April 01, 2023
The federal appellate court in Atlanta, GA, in a case of first impression "that has divided our sister courts" over the U.S. Copyright Act's §507(b) statute of limitations on recovering damages beyond three years of a copyright lawsuit filing, just added to that division.
Lionsgate GC Who Resigned Without 'Good Reason' Got Severance Pay
April 01, 2023
Add another plot twist to the storyline surrounding Corii Berg, who unexpectedly quit as general counsel of the film studio Lionsgate in December, even though he was under contract through June 2023.
Fresh Filings
April 01, 2023
Notable court filings in entertainment law.
Bit Parts
April 01, 2023
Script Writer Newton's Funding-Help Lawsuit Against Former NBCUniversal Vice-Chair Meyer Is Dismissed
New Definition of 'Waters of the United States'
April 01, 2023
In April of 2020 the EPA and the Department of the Army began the process of revising the definition of the term Waters of the United States (WOTUS). After the new administration took office in 2021, further study was conducted and a new final rule was recently published. The changes are scheduled to take effect this year, if currently pending challenges are unsuccessful.

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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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