In the Spotlight: New Bankruptcy Law Is Not All Good for Landlords
July 28, 2006
On April 20, 2005, President Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which significantly changed the U.S. Bankruptcy Code. While various aspects of the new law give landlords greater rights in tenant bankruptcies, the law is not all good for landlords. The benefits of the new law for commercial landlords have been written about extensively, including an analysis of the new provisions setting definitive deadlines for a tenant to assume or reject a lease under the Bankruptcy Code. What has not been highlighted is that if a commercial tenant files a Chapter 7 bankruptcy case, a landlord's space could be tied up for 120 days or more, instead of 60 days or more under the old law. (This article does not address the special rules and protections for landlords of residential properties and is devoted to a discussion of the provisions regarding commercial properties.)
Bit Parts
July 27, 2006
Copyright Infringement/Content Deletions<br>Copyright Renewal Rights/Vesting<br>Recording Contracts/Personal Jurisdiction<br>Songwriting-Fraud Claims/Statute of Limitations
Courthouse Steps
July 27, 2006
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
<b>Attorney-Fee Ruling</b> Copyright Litigation
July 27, 2006
The U.S. District Court for the Southern District of New York denied attorney fees to Fox Entertainment despite a stipulated dismissal with prejudice of a copyright suit against the company.
<b>Counsel Concerns</b>Royalty Contingency-Fee Arrangements
July 27, 2006
The New York Court of Appeals has answered several certified questions sent to it by the U.S. Court of Appeals for the Second Circuit, in a contingency-fee dispute between former Lynyrd Skynyrd guitarist Ed King and his former litigator Lawrence Fox.
Music-Sampling Ruling
July 27, 2006
The U.S. District Court for the Southern District of New York denied a motion by MGM Pictures to join Universal Music Group and its affiliated companies as defense parties in a suit against MGM over the alleged use of a sample of The Kinks' 1960s hit song 'You Really Got Me.'
L..A. Practice Notes
July 27, 2006
Big Firms Move Into L.A.<br>Silicon Valley Firms Pursue Hollywood Clients
Cameo Clips
July 27, 2006
Management Contracts/Talent Agencies Act<br>Right of Publicity/Predominate-Use Test
<b>Decision of Note: </b>Artist's 'Assent' Doesn't Convey Renewal Rights
July 27, 2006
The U.S. District Court for the Southern District of New York decided that a co-publishing agreement between two companies that the 'mysterious and extravagantly garbed street performer' Louis 'Moondog' Hardin signed in assent didn't convey the renewal rights in Hardin's songs.
<b>Commentary: </b>Proposed Digital-Music Licensing Legislation Presents Problems for Songwriters, Publishers
July 27, 2006
The Section 115 Reform Act of 2006 (SIRA), H.R. 5553, proposes an entirely new structure for the way digital rights will be licensed and online royalties will be collected. The proposed federal legislation to revise Sec. 115 of the Copyright Act may in fact turn out to be the landmark Internet blanket-licensing legislation some claim that it will be. Major record labels, large on-demand streaming services such as AOL Music, Napster and MusicNet, and cellphone companies such as Verizon, believe that the centralized clearance system that SIRA would create streamlines their business model. <br>However, those who represent songwriters as well as large independent publishers and copyright administrators should be concerned that the bill currently pending in the House of Representatives is flawed in several significant ways, and requires substantial amendment in order to better protect the interests of music creators and rights owners.
