Filing Time for Copyright Suits Bars Profit Claim
December 21, 2007
The U.S. Court of Appeals for the First Circuit decided that the three-year federal statute of limitations for copyright suits, rather than a longer state limitations period for accounting actions, applied to a complaint for a portion of profits from figurines, including 'The Merry Wanderer,' derived from the book 'Das Hummel-Buch.'
Band Name Dispute Over Recording and Concert Uses
December 21, 2007
The Miami girl group Expos' ruled the charts in the 1980s, turning out a multiplatinum album and numerous hits, including the No. 1 single, 'Seasons Change.' But some things never change. Turmoil with management roiled the group during its hey-day, and rancor has returned now that the trio is on a popular reunion tour, riding high on 1980s dance nostalgia. The singers have been sued to stop using the name Expos' after breaking with promoters in August, just months before the music group's trademark licensing agreement was set to expire.
Lack of Logo Placement At Center of Ruling Over Meat Loaf Album Packaging
December 21, 2007
To build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.
The Older Workers Benefits Protection Act
December 21, 2007
Part One of this article discussed releases and covenants not to sue, the issues raised by the OWBPA (Older Workers Benefits Protection Act) and EEOC Regulations, and <i>Thomforde v. International Business Machines</i>, 406 F.3d 500 (8th Cir. 2005). The conclusion herein discusses the <i>Syverson</i> case and considerations for employers in preparing releases. <i>Syverson v. International Business Machines</i>, 461 F.3d 1147 (9th Cir. 2006).
The Pregnant Employee in the Hazardous Workplace
December 21, 2007
It is well settled that the company may not transfer the employee against her wishes to another job or force her to take a leave of absence. This rule was stated clearly by the Supreme Court in <i>International Union, United Automobile, Aerospace and Agricultural Implement Workers of America v. Johnson Controls, Inc.</i> So what to do?
Business Not As Usual
December 21, 2007
The majority of employers know that employment discrimination based on gender is illegal. Many employers, however, are unaware that discrimination based on stereotypical views of women as 'mothers' and men as 'fathers' may also be actionable. Although caregivers are not a protected class under federal anti-discrimination statutes, courts are recognizing with increased frequency that inappropriate considerations and decisions about 'caregivers' might constitute unlawful treatment under various federal laws.
Mental Illness and the ADA
December 21, 2007
A potentially dangerous situation employers struggle to understand arises when an employer neither knows nor recognizes an employee's mental disability, and has cause to terminate that employee, but, prior to termination, discovers the disability. This article discusses the pitfalls and solutions.
