State-Law Claims Over TV Footage Are Dismissed
November 26, 2007
The U.S. District Court for the Southern District of New York dismissed state-law claims brought over the TV broadcast of a 37-second clip of plaintiff Jonathan E. Smith, an animal trainer, being attacked by orca whales at Sea World and a segment of Smith discussing the attack in a later interview.
Industry's Lead Counsel in Music-Sharing Suits Discusses Procedural Aspects of Campaign
November 26, 2007
The RIAA has filed thousands of legal actions since its campaign against unauthorized file sharers began in 2003. For the past two years, Holme Roberts & Owen (HRO), based in Denver, CO, has served as national coordinating counsel for these cases. HRO partner Richard L. Gabriel, the record industry's lead counsel in its national campaign, gave an update on the industry's legal efforts against file sharing in a discussion at his office with <i>Entertainment Law & Finance</i> Editor-in-Chief Stan Soocher.
Copyright Misuse: An Overview
October 30, 2007
The doctrine of copyright misuse is a fairly recent development in copyright law. Since it was first recognized less than 20 years ago, the judicially created doctrine has emerged as a valid defense in at least several circuits, while other courts have been reluctant to accept it.
Charney v. Sullivan & Cromwell: What Lessons Lie Here for Your Firm?
October 30, 2007
This article reviews the <i>Charney</i> case and applicable federal cases that might apply in workplace discrimination and relatiation situations, and points out the hidden dangers of local ordinances that attempt to regulate human behavior, and (arguably) even thought, in the workplace.
Bit Parts
October 29, 2007
Performers' Names/Trademarks; Right of Publicity/Descendibility; Talent Agencies Act/Arbitration Clauses; Talent Agencies Act/Severability; Taxation/Film Manufacturing
Cameo Clips
October 29, 2007
COPYRIGHT INFRINGEMENT/LACK OF ACCESS; COPYRIGHT INFRINGEMENT/SUBSTANTIAL SIMILARITY; COPYRIGHT REGISTRATION/DEPOSIT COPY; RECORD-DISTRIBUTION DEALS/DERIVATIVE-SONGS RIGHTS; RECORD-LABEL VALUATION/EXPERT WITNESSES; RIGHT OF PUBLICITY/FIRST AMENDMENT
Safe-Harbor Considerations For Web Videos
October 29, 2007
From YouTube's perspective, taking burdensome steps to prevent the posting of potentially infringing content could destroy the business model and consumer goodwill upon which it relies. [Although YouTube recently announced it was tesing a new copyright filtering process.] This information sharing/rights protection dilemma is not solely limited to YouTube ' many Web sites and other service providers face decisions every day concerning the propriety of user-generated content. The U.S. Copyright Act may provide a critical solution to that dilemma.
Retroactive Move Doesn't Block Copyright Suit
October 29, 2007
Copyright-infringement claims can go forward against Mary J. Blige, the 'Queen of Hip-Hop Soul,' the Second U.S. Circuit Court of Appeals ruled, reversing a lower court determination. <i>Davis v. Blige</i>.
Navigating the Potential Traps in Licensing Content for Online Uses
October 29, 2007
Copyright owners who are considering licensing their content for online exploitations must understand that they are venturing into still largely uncharted waters with few reliable partners. It's better than it was in 2000 ' or even 2003 ' but it's still not an entirely stable environment with dangerous shoals along the route. Don't assume that words you have seen in contracts for decades have the same meaning to your online licensee as they would to a court.
Harnessing Creativity or Creating Liability?
October 29, 2007
The growth of online social networking has not been lost on marketers, who hope to enlist Internet users in campaigns to promote their products and services. This article will appear in three installments. This first part examines the use of user-generated content ('UGC') and user participation as part of a promotion.
