Development
June 26, 2008
A look at recent rulings of importance.
Orphan Works Legislation: Real Time Bomb
June 26, 2008
The federal 'Orphan Works' legislation (S2913 and HR5889) creates an entirely new law favoring the 'opt in' fundamentalists who prefer as many copyright formalities as possible, thereby increasing the likelihood that works will fall ' intentionally or unintentionally ' into the public domain. Some have characterized the import of the Orphan Works legislation as creating a new rateless compulsory license, or at a minimum a 'safe harbor' for libraries (such as the Library of Congress), museums, public broadcasters and universities, as well as commercial entities.
A Production Lawyer's Guide to Obtaining E&O Insurance and Preventing Litigation
June 26, 2008
Errors-and-omissions insurance (also known as 'E&O' or producers liability insurance) is an inevitable part of every film and TV producer's life. It is required for the sale and distribution of virtually all film productions and television shows in North America ' and the requirement is becoming global. The goal of the article is to allow production counsel to spot the issues and to develop a sense of what is risky or not in the course of bringing a film or television production to fruition.
Judicial Roulette: Recusal Motions in Criminal Cases
June 26, 2008
A recent Ninth Circuit decision vacating a conviction because the trial judge failed to recuse himself, and a pending recusal application by convicted executive Jamie Olis, remind us that sometimes defendants try to improve their judicial lot through recusal, though with little hope for success.
Index
June 26, 2008
Everything contained in this issue, in an easy-to-read format.
Court of Appeals Affirms Owner Occupancy Rights Under Rent Stabilization
June 26, 2008
In its June 3, 2008, decision in <i>Pultz v. Economakis</i>, the New York State Court of Appeals unanimously ruled that there is no limit on the number of rent-stabilized units an owner can attempt to recover for owner occupancy. The ruling was a major victory for rent stabilized landlords, and a sharp rebuke to tenant advocates who claimed that multiple recovery for owner occupancy violated the letter and spirit of the Rent Stabilization Law. Indeed, the case continues a recent trend of favorable Court of Appeals decisions for landlords.
e-Commerce Docket Sheet
June 26, 2008
CDA Immunity Not Applicable To Allegedly Misleading Auction Safety Statements<br>Copying Web Site Page for Consumer Gripe Site Is Deemed Fair Use<br>Famous Trademark Parody on Goods Without Consumer Confusion No Infringement
Unconscionable Terms Prevent Enforceability of e-Commerce Contract Clauses
June 26, 2008
e-Commerce, like traditional commerce, relies on contracts. But unlike traditional commerce, e-commerce typically relies utterly on agreements drafted and presented by one party on a 'take-it-or-leave-it' basis. The validity of such contracts arises from the recipient's 'adherence' to the terms given. These so-called adhesion contracts are enforceable, except to the extent that a court finds a term unconscionable.
I Signed WHAT?!
June 26, 2008
The typical e-commerce 'Terms and Conditions,' the electronic equivalent of the fine-print contract that governs use of a sales Web site, creates such an unfriendly shopping environment that it makes the legendary 'No soup for you!' restaurant of the television situation comedy Seinfeld seem like the Welcome Wagon. Although I have often written about how the law affecting e-commerce firms ordinarily follows traditional law, the common e-commerce contract stands in stark contrast. Consider the following clauses from actual online agreements obtained in April and May ' and whether you have ever seen anything comparable in any real-world store, much less these Web stores' real-world affiliates.
