The Phonorecord Compulsory License Statute and the Unresolved 'Arrangement Privilege'
The Copyright Act of 1976 reflects a balance of the competing interests of copyright holders and those wishing to build on their existing works. As to composers of music, on one hand it secures to copyright holders the exclusive rights of exploitation in the manners prescribed by Sec. 106. On the other hand, the Act recognizes that new creation is often rooted in existing works, and therefore allows a new artist to borrow from existing works in appropriate circumstances without fear of being labeled an infringer. For over a century, one such "carve-out" from the exclusive rights secured to copyright owners has been the compulsory license in and to musical works, codified at 17 U.S.C. Sec. 115. Yet certain of Sec. 115's parameters have never been clearly defined.
The Struggle over Net Neutrality
In impassioned language more appropriate to international conflict, political debate or, at the very least, the cosmic struggles of comic-book superheroes and villains, a debate about "net neutrality" continues to rage in legal and business publications, on the Internet and in blogs throughout the world.
Networking and e-Commerce: Get To It and Stay at It
Especially for e-commerce attorneys ' who have quickly adapted to doing all of their business chained to a computer monitor ' in-person networking is becoming a lost art. Even if you may very well be doing the right thing in attending networking events, you may not be doing the thing right well.
Bit Parts
Copyright Infringement/File Sharing<br>Copyright Licenses/Notice of Ownership<br>Copyright Ownership/Films
Upcoming Event
11th Annual Entertainment Law Initiative Scholarship Luncheon
<b>Cameo Clips</b> Controversial Ruling On Copyright Protection for Foreign Works
The U.S. Court of Appeals for the Ninth Circuit upheld a copyright infringement verdict against the great-grandson of artist Pierre-Auguste Renoir in a fight over the right to reproduce sculptures created by the French impressionist. The appeals court noted that stare decisis required it to follow its controversial 1996 precedent regarding Walt Disney's copyright for Bambi. Although that ruling "can be, and has been, criticized, it is still binding in this circuit. We are thus bound to follow it," the court said.
Protecting Interests If Another Company Files for Bankruptcy
As the Boy Scouts say: "Be Prepared." And in today's economic climate, that means prepare in advance ' when a contract is entered into ' to protect yourself in case the other entertainment-industry party declares bankruptcy. This requires a basic understanding of the extraordinary protections and rights that are afforded to debtors in a bankruptcy, particularly the right to void unperfected security interests and to terminate executory contracts. So forewarned is forearmed.
Broad Injunction Issued in Toy Infringement Case
In December, U.S. District Judge Stephen Larson of the Central District of California granted Mattel a sweeping injunction that essentially shuts down MGA's Bratz operation. Larson ordered MGA to cease manufacturing, marketing and selling almost every doll in the Bratz line, as well as any ancillary product that makes use of images of those dolls. He also ordered MGA, at its own expense, to deliver all infringing dolls and products to Mattel for impoundment.
Los Angeles Affiliates Feel Fallout From Charges Against Marc Dreier
The fate of 74 lawyers in Los Angeles was unclear after New York lawyer Marc Dreier was charged in December with $100 million in securities fraud. Dreier, the founder and managing partner of New York firm Dreier LLP, was charged with one count of securities fraud and one count of wire fraud, both of which involve a maximum sentence of 20 years in prison.
Revisiting MLF 2008: What You Missed!
At the beginning of a new year, we always look back on the year that was. The Year in Review, beginning herein, will present a pared-down reprint of one article from each of the last 12 issues of MLF (six articles this month and six next month).
