<b>Decision of Note</b> Film Owner Can't Claim Copyright Protection for Actor's Multiple Roles
April 28, 2011
To determine whether a defendant's work is substantially similar to a plaintiff's work in a copyright infringement case, courts generally first discard any unprotectable elements from the plaintiff's work. The U.S. District Court for the Southern District of New York recently ruled that the use of one actor to play multiple roles in the plaintiff's 1949 comedy film <i>Kind Hearts and Coronets</i> wasn't a protectable element for proving infringement by the authors of a stage musical adapted from the film.
Strategies for Using the IFTA Arbitration Process
April 28, 2011
More film productions have become international affairs, with shooting in faraway exotic locations, post-production in still other foreign countries, production funding from international sources, and sales in both foreign and domestic markets. The question then is how best to resolve disputes arising among the vast cast of characters in an efficient and cost-effective manner.
The Next Trial Advantage
April 28, 2011
Every lawyer in America has heard of the iPad, and there are some surveys that show a significant number of us also own one. There is no question that the iPad's portability is a big advantage, or that the technology behind it is rock solid. The question, up until recently, has been whether or not the iPad is capable of some of the heavy lifting the business of litigation requires. While apps specifically designed for professionals are still somewhat rare, I've found a few that answer the question with a resounding "yes."
IP News
April 28, 2011
Highlights of the latest intellectual property news from around the country.
Search Engine Advertising Trademark Claims
April 28, 2011
In <i>Network Automation, Inc. v. Advanced Systems Concepts, Inc.</i>, the Ninth Circuit: 1) expressly held that the use of a trademark as a search engine keyword for the purpose of triggering advertisements is a "use in commerce" of that trademark under the Lanham Act; but 2) vacated a preliminary injunction, finding that the district court's analysis of consumer confusion in the Internet context was too narrow.
Online Behavioral Advertising
April 28, 2011
The first quarter of this year has been marked by a rise of awareness and legal activity surrounding the question of behavioral, or targeted, advertising ' a significant area of operation and interest for e-commerce firms.
Clarification
April 28, 2011
In the Bob Marley litigation cover article in our March 2011 issue, the co-author, Barry E. Mallen, served as counsel to the Marley interests.
Upcoming Events
April 28, 2011
Cutting Edge Case Developments in Film and TV Law<br>Entertainment Law in Review: 2010-2011
Chemtura: 'Make-Whole' and 'No-Call' Provisions
April 25, 2011
The Bankruptcy Court for the Southern District of New York's recent decision in <i>In re Chemtura Corp</i> examines the treatment of "make-whole" and "no-call" provisions in bankruptcy proceedings in the context of a settlement of such claims pursuant to a plan or reorganization.