Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Search


Attorney Fees Update
Depending on the circumstances and the law, parties on either side of an entertainment suit may ask a court for an award of attorney fees. Following are recent court rulings that deal with this and related concerns.
Bare Corporate Receipt Doctrine Less Help to Copyright Plaintiffs
The first line of defense in most copyright infringement actions revolves around the question of "access" ' namely, whether the defendant had a reasonable possibility of viewing or hearing the plaintiff's work such that the defendant could have copied it illegally. Absent some direct proof that the defendant actually copied the plaintiff's work ' evidence that typically is not present ' a plaintiff will attempt to prove such copying indirectly by establishing that a defendant had access to the plaintiff's work and that the defendant's work is "substantially similar" to the plaintiff's. The U.S. Court of Appeals for the Second Circuit has made it more difficult for plaintiffs to prove access. <BR>Specifically, in the Second Circuit's view, a company's "bare corporate receipt" of a plaintiff's work is insufficient proof of access.
Cameo Clips
Recent cases in entertainment law.
EarthLink, Cox Pulled Into Music Piracy Suits
Music piracy cases in Georgia could determine whether recording companies must meet certain standards before forcing Internet service providers to hand over the names of subscribers suspected of downloading and circulating copyrighted, bootleg recordings.
Viable e-Signature Options
While the Internet continues to replace traditional forms of commerce communication, the use of contracts to memorialize business agreements remains constant. In order to implement more fully the transition to Internet commerce communications, businesses are struggling to find an appropriate replacement for the traditional authentication procedures. In short, businesses seek lawful electronic signatures to replace traditional signatures. This query has resulted in six viable e-signature options.
Using IP Dispute Procedures to Combat Net Fraud
Internet fraud is becoming one of the most common and lucrative forms of crime in today's information-based economy. As the Internet has grown, so too have incidences of its misuse. How can intellectual property rights help fight this growing menace?
RIAA Sues More U.S. File-Sharers As Study Shows Infringement in Decline
Employing its 'John Doe' litigation strategy again, the Recording Industry Association of America (RIAA) has sued another group of anonymous infringers ' this time 477 people ' accused of illegally distributing copyrighted sound recordings on peer-to-peer file sharing services.
First Amendment Must Yield to Child Pornography Law
Facing its first constitutional challenge to the Florida Computer Pornography and Child Exploitation Prevention Act of 1986, the Florida Court of Appeals recently scored a victory for child protection advocates and law enforcement
Around the Firms
Movement among major law firms and corporations.
Health Savings Accounts
Starting in 2004, law firms have another option in attempting to mitigate rising health insurance costs. Recently enacted Health Savings Accounts (HSAs) offer law firms and their employees a tax favored vehicle to pay for medical expenses.

MOST POPULAR STORIES

  • Coverage Issues Stemming from Dry Cleaner Contamination Suits
    In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
    Read More ›
  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
    Read More ›
  • Technology in Marketing: Where to Invest Your Marketing Technology Dollars
    Law firms have realized that using technology ' particularly the Internet ' is a powerful tool for creating a more level playing field to enhance their images, expand their visibility in targeted markets and drive business to their firms. However, with so many competing interests for limited marketing dollars, where should you invest your firm's resources to get the most bang for the buck?
    Read More ›