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
Cameo Clips
April 29, 2008
CHARACTER RIGHTS/COPYRIGHT TERMINATION<br>FILM PRODUCTION/COPYRIGHT CLAIMS<br>FILM PRODUCTION/RIGHT-OF-PUBLICITY<br>RIGHTS IN BAND NAMES/TRADEMARK CLAIMS
L.A. Litigator James Curry Joins Sheppard Mullin
April 29, 2008
A founding partner of one of L.A.'s few remaining litigation boutiques has jumped to Sheppard, Mullin, Richter & Hampton's Century City office. Entertainment litigator James Curry took his name off the door of White O'Connor Curry, a Century City firm that spun off of what is now Christensen, Glaser, Fink, Jacobs, Weil & Shapiro in an acrimonious split more than a decade ago.
Hollywood Ties to Anti-Piracy Push Across India
April 29, 2008
A robust local film industry has kept American films on the margins in India. Foreign films account for only 3% of the market in India, compared to European countries, where American movies account for between 70% and 95% of films shown. So if the United States wants to make a point about film piracy in India, it needs to show Indians that piracy hits the market for their own films, not just those of foreign companies.
Case on DAs' Movie Input, Book Is at CA High Court
April 29, 2008
When their 15 minutes of fame came, two Santa Barbara County prosecutors didn't shy away ' one authored a book based loosely on a rape case she was handling and the other consulted on a movie about an alleged killer he was trying to bring to justice. But their foray into the entertainment world went awry in October 2006 when a state appellate panel threw both prosecutors off their cases. Joyce Dudley's novel, 'Intoxicating Agent,' hewed far too close to her real-world rape case, the court held, while Ronald Zonen shouldn't have allowed producers of the movie 'Alpha Dog' access to highly sensitive files in his sensational death-penalty case. As a result, the court ruled, keeping the prosecutors on the cases would deny both criminal defendants a fair trial.
How Courts Are Defining 'Distribution' In Peer-to-Peer File-Sharing Lawsuits
April 29, 2008
In the entertainment industry's efforts to stem the infringement of sound recordings and motion pictures on the Internet, 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. Sec. 106 whenever they place a digital recording or video in a 'share' folder that other P2P users can access.
Movers & Shakers
April 29, 2008
Hogan & Hartson Advises MySpace in Landmark Music Venture<br>Greenberg Traurig Associate Gets Green Building Council OK<br>IP, Media & Tech Dept. Adds to New York Practice<br>Retired Gibson Partner Receives Alger Award<br>Gibson, Dunn & Crutcher Gets Community Award
Charney v. Sullivan & Cromwell: What Lessons Lie Here for Your Firm?
March 28, 2008
You might not have followed, or might not even be aware of, a suit by former Sullivan & Cromwell associate Aaron Charney against his firm, and the firm's subsequent suit against Charney. Gossip aside, the case, which settled on Oct. 25, 2007, should be noted by law firms, if for no other reason, than to learn how not to handle discrimination and retaliation complaints.
