'Purchaser' Didn't Include Disney Subsidiaries
May 28, 2008
The California Court of Appeal, Second District, decided that the term 'Purchaser' in an agreement for 'Walt Disney Productions' to purchase rights in the novel 'Who Censored Roger Rabbit?' and its characters didn't apply to Disney's subsidiaries.
Focusing on Issues In Artist/Label 360-Degree Deals
May 28, 2008
One could argue that the concept of the '360-degree deal' harkens back to the record business of the 1950s and 1960s. Then, labels would commonly provide integrated A&R, publishing, management and promotional services to their artists, as well as put them out on tours with their label mates. But today's 360 deals are substantially different. Generally, a 360 deal has a label participating in revenue streams outside of its traditional business of manufacturing and distributing recordings.
In the Spotlight: Preparing Form Leases for Mixed-Use Projects
May 27, 2008
As the construction of mixed-use projects continues to grow across the nation and globally, all parties involved must understand the dynamics of the project in which they are involved and how best to structure the relationships among the several parties, which will generally have divergent interests. The building block for this relationship will likely be a form lease.
Where the Law Stands On Virtual Property
April 30, 2008
The filing of a complaint by a Pennsylvania lawyer against the operators of an online virtual world, and last year's decision by a Pennsylvania federal district court in that case, <i>Bragg v. Linden Research Inc.</i>, has generated a great deal of interest in the media and among lawyers, as well as in the virtual world community. The attention has gone well beyond that which the decision would have garnered if it had not involved a virtual world and virtual property, given that it simply found an arbitration clause in a terms-of-service agreement to be unconscionable and therefore unenforceable. It is clear, however, that the case reflects the growth of real-life litigation over virtual-world property. Undoubtedly, as participation in virtual worlds increases, real-life lawsuits will be growing in number, too.
'Distribution' in Peer-to-Peer File-Sharing Lawsuits
April 30, 2008
The efforts of the entertainment industry to stem the infringement of sound recordings and motion pictures on the Internet have been widely reported. More than 20,000 infringement actions have been commenced against individuals, mostly in connection with their use of peer-to-peer ('P2P') services to share recordings with other P2P users. The legal basis for these actions is often misunderstood, however, by commentators ' and sometimes even by the courts. This article discusses several recent P2P cases that deal directly with a central element of most P2P cases, namely the allegation that users violate the plaintiffs' distribution rights under 17 U.S.C. '106 whenever they place a digital recording or video in a 'share' folder that other P2P users can access.
Blogs Are Afforded Unequal Protection
April 30, 2008
The U.S. Supreme Court created a bit of a problem when it ruled that commercial speech is entitled to limited First Amendment protection, but failed to clearly identify what commercial speech is. So, it often comes down to this: If a business elects to engage in a debate on important social issues, its principals ' and counsel ' have no way of knowing the level of constitutional protection that speech will receive. This issue is becoming especially important to owners of blogs.
Bit Parts
April 29, 2008
Artist Consultant/Unfair-Competition Claim<br>Insurance/Intra-Band Litigation<br>Royalty Complaint/Ringtone and Download Licenses<br>TV-Affiliation Agreements/Promotional Payments
