Decision of Note: <B>Writer is Co-Owner Of Rights in 'Spawn' Character</B>
The U.S. Court of Appeals for the Seventh Circuit ruled that comic-book writer Neil Gaiman was joint owner of the copyrights in characters he created for the "Spawn" series published by Todd McFarlane. <i>Gaiman v. McFarlane</i>. The appeals court reached its decision by finding that Gaiman's claim wasn't time-barred.
Changing Channels: Television Programming Issues In Negotiating Acquisition Deals
M & A transactions in the television business can take many forms ' from a large-scale merger such as that recently proposed between Comcast and Disney to the acquisition of a cable TV channel or small local UHF broadcast station. In some cases, even the acquisition of a large and significant sports rights package can be viewed as rising to the level and complexity of an M&A transaction. What is seen on the screen is a function of the rights obtained by broadcasters. Not surprisingly, given the complexities of such transactions, unusual rights situations arise. Following are some that I have encountered in many years of doing deals in the TV business.
Liability Rulings In Lawsuits Over Injuries on Sets
Liability for personal injuries has long been a major concern for film and TV studios, given the history of injuries to crew members on production sets. Two courts recently issued rulings based on this concern.
Bit Parts
Recent developments in entertainment law.
Police Must Abide by 'Net Privacy Act
In the 17 years since the Electronic Communications Privacy Act was enacted, courts have ruled in hundreds of cases involving the illegal release of subscriber information by Internet companies. But only a handful of decisions have dealt with such information being improperly obtained by government officials. A federal court ruling issued last month ' castigating two Fairfield, CT, police detectives for using an unsigned warrant to attain AOL subscriber information ' is just the fourth such opinion,
DMCA Abuse?
After someone electronically lifted embarrassing e-mails from Diebold Inc. and posted them online, the company responded with a tactic that more and more companies are using to put a lid on Internet distribution of sensitive information: Diebold sent cease-and-desist notices to organizations hosting Web sites and forums that had published, or even linked, to the e-mails. The messages portrayed participants in Diebold's electronic voting business confirming their critics' worst nightmares about security vulnerabilities. Information may want to be free. But specialists say that sending such notices under the 5-year-old DMCA succeeds, in the vast majority of cases, in promptly curtailing online distribution. The technique is so effective, critics contend, that it is often abused in situations where no copyright protection applies or ' as with the Diebold case ' there would be a strong fair use defense.
Net News
A company that operates numerous music Web sites will have to pay the largest civil penalty levied to date over violating COPPA, and the Federal Trade Commission is apparently serving public notice that it intends to vigorously enforce the privacy rules.
