We found 2,562 results for "Entertainment Law & Finance"...
Bare Corporate Receipt Doctrine Less Help to Copyright Plaintiffs
May 01, 2004
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.
Courthouse Steps
May 01, 2004
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Unreleased O'Jays Recordings Can Be Distributed
May 01, 2004
The U.S. District Court for the Eastern District of Pennsylvania lifted a temporary injunction that barred distribution of a new album by The O'Jays ' whose hits in the 1970s included "Love Train" and "Backstabbers" ' after finding that the group most likely had no power under its contract to stop its label from issuing a collection of previously unreleased songs.
Attorney Fees Update
May 01, 2004
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.
Discrimination Cases Update
May 01, 2004
The entertainment industry seems especially subject to discrimination cases ' whether based on age, sex, race ' and sexual harrassment/hostile work environment suits. <i>EL&F</i> will compile and report on them periodically.
<b>Decision of Note:</b><b>Foreign Website Subject to DC Jurisdiction</b>
May 01, 2004
The U.S. District Court for the District of Columbia decided that a company based in Madrid, Spain, was subject to personal jurisdiction in the District of Columbia by maintaining a Web site that enabled DC residents to download unlicensed sound recordings. The ruling provides a liberal view for finding both specific and general jurisdiction over Internet defendants.
Litigation Cost Control in the Digital Age
April 29, 2004
With new judicial opinions being issued every month on the topic, the allocation of e-discovery costs is probably one of the fastest-growing areas in e-discovery jurisprudence. <br>Given that the price tag associated with e-discovery can be staggering, some of the most intense arguments in a lawsuit can ensue over which party will foot the bill to collect, restore, process and produce the enormous volumes of electronic evidence that is discoverable in many of today's legal proceedings.
Arbitration Gains Acceptance as a Means of Resolving IP Disputes
April 01, 2004
Intellectual property disputes typically have been resolved through litigation rather than arbitration. Litigators have seen arbitration as a dispute resolution method geared at matters of private contract. Because intellectual property's very existence has been a product of public policies supporting invention, branding and creativity, the courts have seemed to be the more appropriate locale to handle these disagreements. In the last 20 years, however, arbitration has received increasing attention as an acceptable method of resolving intellectual property disputes.
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