<b>False Endorsement; Right of Publicity</b>
December 28, 2006
The U.S. District Court for the District of New Jersey preliminarily enjoined further distribution and ordered the recall of the book 'Legit Baller,' which features an allegedly unauthorized, prominent use of photographs of popular R&B singer/producer Marc Dorsey on its covers. But the court declined to order a recall of the defendant publisher's other books that included advertisements of 'Legit Baller.' <i>Dorsey v. Black Pearl Books Inc</i>.
Courthouse Steps
December 28, 2006
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Copyright Report May Constitute Trade Secret
December 28, 2006
The U.S. District Court for the District of Nevada decided a genuine issue of fact existed as to whether a master-copyright report prepared by a consultant for an adult-film distributor was a trade secret. <i>V.C.X. Ltd. v. Burge</i>.
Cameo Clips
December 28, 2006
Celebrity Images/Trade-Dress Claims<br>Copyright Infringement/Joint-Authorship Claim
Courts Are Split On Tests for Right of Publicity
December 28, 2006
The California Court of Appeal relied on a similarity test in prior California Supreme Court cases in recently finding that three video-game companies had a First Amendment right to create a character that shared some traits with Kieren Kirby, or 'Lady Miss Kier,' the former lead singer of the 1990s funk band Deee-Lite. <i>Kirby v. Sega of America</i>. But in a 2003 Missouri Supreme Court decision involving former St. Louis Blues hockey player Tony Twist, the judges found that Twist might have a case alleging that his name and likeness were exploited to sell the comic book 'Spawn.' <i>Doe v. TCI Cablevision</i>.
Estate-Planning Issues for Entertainers
December 28, 2006
Estate planning is central to the post-mortem distribution and protection of an individual's assets. Celebrities have special estate-planning concerns that include intellectual-property valuations, how the valuations affect estate taxes and post-mortem administration of intellectual-property. In the following interview, conducted in Nashville by Entertainment Law & Finance Editor-in-Chief Stan Soocher, entertainment attorney Robert L. Sullivan discusses these and related estate-planning issues that affect artists. Sullivan is a partner in the Nashville office of Loeb & Loeb where his clients include songwriters, music-publishing companies, record companies and recording artists. He has 30-years of experience as an entertainment lawyer and serves as a trustee for the estate of Johnny Cash.
The Price of Holiday Parties
December 22, 2006
Now that the holiday season is over, employers may be facing fallout from their holiday parties. Although a review of recent cases asserting social host and workers' compensation liability reveals few reported decisions, there is likely no corresponding reduction in risk, and the increasing number of employers hosting holiday parties in recent years prompts an analysis of the challenges employers face in planning their annual holiday parties. It is not too soon to plan for next year's celebrations, while the experience from this year is fresh. This article discusses illustrative cases and suggests a number of concrete steps employers may wish to consider to reduce injuries and potential liabilities in planning their next holiday parties.
Bit Parts
November 29, 2006
Copyright Renewal/'Posthumous Work' <br>Radio Broadcasting/Sponsored Airplay<br>Royalty Waiver/Copyright Not Transferred
Courthouse Steps
November 29, 2006
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.