Net News
November 29, 2004
Recent developments of note in the Internet industry.<br>This month:<br>Google Sues Internet Marketer Over False Ad Clicks <br>Movie Studios Take Cue From Record Industry ' File Suit against File-sharers <br>Another 761 Added To RIAA Tally <br>Perfect 10 Says Google Removes the Towel
Courthouse Steps
November 29, 2004
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Bit Parts
November 29, 2004
Recent developments in entertainment law.
Counsel Concerns
November 29, 2004
Issues in serving as a lawyer in the entertainment industry. This month:<br>A federal district court in Manhattan sanctioned a lawyer and his client for pursuing in bad faith claims against the company that holds the rights to the work of Edgar Rice Burroughs, the creator of Tarzan.
Political Action Committee Takes On Hollywood
November 29, 2004
Next to Metro-Goldwyn-Mayer's roaring lion, they're like squeaking mice. <br>But despite their obvious handicap, a group of Internet wizards intends to take on Hollywood in the political realm. Two months ago, they set up a political action committee ' the Intellectual Property Action Committee (IPac) ' to champion less restrictive copyright protection rules for digital content.
Cameo Clips
November 29, 2004
Recent cases in entertainment law.
Aggregator Deals With Online Music Services
November 29, 2004
In Part One, the author discussed the emergence of content aggregators and began listing the issues to watch out for when contracting with one. Part Two continues that list of the major points of an aggregator agreement.
9th Circuit's Acceptance of 'Melodic Reduction' May Change Music Infringement Litigation
November 29, 2004
In recent years, courts have frequently dismissed music copyright infringement cases at the summary judgment stage, finding that the plaintiff failed to raise a triable issue of fact concerning the claimed similarity between the allegedly infringed and infringing songs. In a number of cases, the court found the opinion of similarity offered by the plaintiff's expert musicologist ' usually a music professor or otherwise credentialed music scholar ' to be legally deficient or otherwise irrelevant to the applicable legal standards. <br>However, a decision earlier this year from Ninth Circuit appears to have expanded the net of music copyright infringement cases that may survive summary judgment. In <i>Swirsky v. Carey</i>, the court found that a type of expert musicological analysis, commonly called "melodic reduction," can raise a triable issue of fact concerning similarity. This article will explain melodic reduction and the problems that the <i>Swirsky</i> decision and melodic reduction may pose for defendants in music copyright infringement cases.
Asbestos and Mass Tort Claims
November 29, 2004
Asbestos-related bankruptcies are prevalent for various reasons, including expense of traditional tort litigation, lack of either state or federal procedures to handle mass litigation, disputes between insurer and insured, and need for many companies' creditors and shareholders to achieve certainty with large current and contingent asbestos liabilities. Bankruptcy remains an attractive alternative and sometimes last resort because section 524(g) of the Bankruptcy Code provides a mechanism for companies faced with overwhelming asbestos liability to resolve current and future asbestos claims by channeling them to a trust, thereby allowing the effected company to avoid what could result in an inevitable liquidation. One necessary component of this channeling mechanism is section 524(g)(4)(B)(i) of the Bankruptcy Code which requires the Bankruptcy Court appoint "a legal representative for the purpose of protecting the rights of persons that might subsequently assert [asbestos claims] ..." 11 U.S.C. ' 524(g)(4)(B)(i), commonly referred to as a future claimants' representative (FCR).
