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<b><i>Commentary: </b></i>Inequity Is Seen In Film-Rights Reversion Process
I have a lot of trouble accepting something that makes no sense simply because an attorney trying to make a point in a deal says: 'It's always done that way,' or 'Everyone does it like this.' Attorneys preparing a film contract often use this 'irrational' rationale. I am referring to the reversion clause in a contract to acquire rights in a basic work, such as a novel for a film.
<b>Decision of Note: </b>Second Circuit Affirms Posters As Fair Use
The U.S. Court of Appeals for the Second Circuit affirmed that the inclusion, without a license, of thumbnail-size reproductions of concert posters of the Grateful Dead in a book on the band's history constituted copyright fair use. <i>Bill Graham Archives (BGA) v. Dorling Kindersley Ltd. (DK)</i>.
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Artists Seek Greater Share From Label Of Revenues From Digital Downloads
Two highly successful rock groups from the 1970s and '80s recently commenced a lawsuit in the U.S. District Court for the Southern District of New York against their former record company, claiming a larger share of revenue derived from paid digital downloads of their recordings. <br>The essence of the plaintiffs' claim is that Sony is calculating the artists' shares of revenue from digital download sales through services such as iTunes, in the same manner that the label calculates royalties for physical sales of CDs through traditional retail outlets. The plaintiffs claim that these are not physical sales, but are instead sales of digital copies of recordings that have been licensed to music download providers by Sony, and the royalty rate payable for licensing income, which is much higher than for physical sales, should apply.
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some amendments to state business entity laws that went into effect, and court decisions dealing with business entities that were issued, during the last three months. Included are several amendments to New York's business entity laws, including changes to its publication requirement. Also included are Delaware Chancery Court decisions dealing with indemnification and hedge funds.
Greenberg Partners Advise on Company's China Deal
HowStuffWorks Inc., a unit of Atlanta-based Convex Group Inc., and INTAC International Inc. agreed to form a new company to develop commercial Web sites targeted to Chinese users. The new company, which will be called HSW International, will pair the content rights owned by HowStuffWorks with the sales channels in China developed by INTAC. HSW will generate revenue through advertising sales.
Townsend Chooses Japan for Its First Overseas Office
Patent and trademark specialist Townsend and Townsend and Crew has expanded internationally for the first time, adding a Tokyo base to its six U.S. offices.
Bit Parts
Collective Bargaining Agreements/Waiver of Judicial Forum<br>Concert Injuries/Negligence<br>Copyright Transfer/Writing Requirement<br>Television-Programming Dispute/Judicial Forum<br>BOOK RELEASE: 'Music, Money and Success,' 5th Edition by Jeffrey Brabec and Todd Brabec<br>Upcoming Event: The Third Pacific Northwest Arts and Entertainment Symposium
Courthouse Steps
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Counsel Concerns
Malpractice/Venue Transfer<br>Rule 11 Sanctions<br> Rule 11 Substantive Requirements

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