Counsel Concerns
Manatt Phelps Wins Malpractice Suit By Football Players<br>Malicious Prosecution Suit Against Simpson Thacher to Proceed
DMX Wins Battle over ASCAP for Direct Music Licensing
Last July, Muzak competitor DMX and its Weil, Gotshal & Manges lawyers won a licensing fee ruling against Broadcast Music Inc. that had the potential to revolutionize the background music industry. Now the revolution continues: U.S. District Judge Denise Cote of the Southern District of New York has ruled that DMX must pay ASCAP a fee of only $13.74 to license ASCAP music in each of the 95,000 stores, restaurants and other locations that DMX supplies with background music. ASCAP wanted DMX to pay almost $50 per location.
Film Production Deal Ruled Separate from Marital Agreement
Billionaire Ronald Perelman has to pay $4.3 million to a film company he formed with his ex-wife, Ellen Barkin, despite Perelman's claim that the actress' breach of the couple's separation agreement relieved him of his financial obligations to the company, the New York Appellate Division, First Department ruled.
Ninth Circuit Holds That Even Brats Deserve Equitable Treatment
Many companies require their employees to sign agreements that any inventions they create "during the course of their employment" will belong to the employer. A recent case decided by the Ninth Circuit, however, illustrates why companies should revisit such agreements in order to ensure that the ideas developed by their employees may not be exploited by those employees to the detriment of their employer.
Bit Parts
Independent Artist Has No Claim to Radio Airplay<br>Music-Royalty Conversion Claim Improperly Pleaded<br>Six-Month Suspension for Georgia Lawyer over File-Sharing Defense
Sony BMG Denied Stay of Download Royalties Suit
A magistrate for the U.S. District Court for the Southern District of New York refused to stay a class action suit by BMG recording artists that is seeking 50% of net revenues the record label receives from digital download, ringtone and ringback sales.
Update on Litigations Over Comic Book Character Copyrights
In comic books, the good guys are usually the ones in tights ' red and blue are the most popular colors ' who put themselves in harm's way to save innocent lives, while the bad guys are the ones sulking in darkened lairs and dreaming up plans to take over the planet. In real-world legal battles over the intellectual property in comic books, the two sides aren't as easy to distinguish, and they're certainly not as colorful. But as the IP rights to comic book icons become the subject of ever more heated ' and lengthy ' disputes, maybe it's time that superhero litigation got its own comic book series.
