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<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.
Patent Injunctions After eBay: The Bidding Is Open on Who Really Benefits
July 27, 2006
When faced with the threat of a crippling injunction, many businesses would rather pay for a patent license than spend millions litigating an uncertain result. This simple principle lies at the heart of what has been called the 'licensing-by-litigation' model, and has led to numerous battles over patent rights.
Mega Fee Ruling in ExxonMobil Class Action
July 27, 2006
This report illustrates the high level of revenue uncertainty that attends suits involving fee disputes.
<b>Online Exclusive:</b> Virginia Police Wrestle with Software Glitch
July 27, 2006
A day after a Richmond, VA, privacy advocate told newspapers that she was able to access the city's police files and obtain confidential information about city officials and judges, police in Richmond said they have found the software glitch that allowed the security breach.
<b>Online Exclusive:</b> Do Not Call Violations Result in $50,000 Fine
July 27, 2006
The Federal Trade Commission ('FTC') settled charges against Executive Financial Home Loan and two of its officers for violating federal Do Not Call ('DNC') registry rules by allegedly calling 'tens of thousands of calls' to consumers on the DNC list.

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