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<B><I>Decision of Note</b></i>'Daily Show' Wins Dispute on Fair Use
November 01, 2003
A Manhattan federal district court decided that the airing of an unlicensed clip from a public access TV show to introduce a segment on Comedy Central's "The Daily Show" constituted fair use under copyright law. The "Daily Show" segment at issue opened with a one-second, full-screen shot of the plaintiff ' comedienne/stripper Sandy Kane ' dancing in a bikini. The title of "The Sandy Kane T.V. Show" is visible in the background. The clip is then further shown briefly as part of a video collage. A shorter clip of Sandy Kane's show is used in a commercial promoting "The Daily Show."
Courthouse Steps
November 01, 2003
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Bit Parts
November 01, 2003
Recent developments in entertainment law.
Cameo Clips
November 01, 2003
Recent cases in entertainment law.
Court Rulings on Industry Attorney Fees
November 01, 2003
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 court rulings from recent months that deal with this and related concerns. In future issues, <i>Entertainment Law &amp; Finance</i> will report on such relevant rulings in Attorney-Fee Updates.
Negotiating Termination Provisions in Film Talent and Distribution Deals
November 01, 2003
Entertainment attorneys spend a significant part of their time putting deals together and creating agreements reflecting those deals. But these lawyers may occasionally be called on to terminate ' in an amicable fashion ' an agreement that they or someone else has prepared.
Case Notes
November 01, 2003
Highlights of the latest product liability cases from around the country.
Psychological Disorders: Understanding the Criteria for Admissibility of Expert Opinion
November 01, 2003
Psychologists, psychiatrists, and licensed social workers routinely testify as experts in both criminal and civil cases in which the mental condition of an individual is at issue. While the credentials and qualifications of such experts may not always be subject to challenge, the reliability and relevance of their proffered testimony should be examined closely. Regardless of the conclusion generated, the inquiry into a mental health professional's opinion must be one that looks to the principles and methods used, not the ultimate conclusion reached. <i>Daubert v. Merrill Dow Pharmaceuticals, Inc.,</i> 509 U.S. 579, 595 (1993).
American Manufacturers Beware: Product Liability in the European Union
November 01, 2003
Until recently American manufacturers were not likely to be sued in Europe. Now, however, with legislation enacted by European Union Member States, an American manufacturer may be found strictly liable for a defective product.
Practice Tip: Prove Your Case with Circumstantial Evidence of Defect
November 01, 2003
In order to recover for any injury caused by a product, the product must be proven to have been defective. Yet many product injuries are caused by defects that are not readily ascertainable. Does that mean you should reject the case or discontinue?

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