The RIAA's New Frontier
June 01, 2004
In response to the Verizon decision, the RIAA has turned to the use of "John/Jane Doe" lawsuits as the mechanism by which to identify file-sharing customers of ISPs and obtain judicial relief against copyright infringement. Since January, and continuing through the end of last month, the RIAA has filed hundreds of lawsuits against "Doe" defendants in federal district courts around the country.
Net News
June 01, 2004
Cases and news of interest in the Internet industry. This month: Feds Reject 'Do-Not-Spam' list ... and more!
<b>A Haven For Straight Talk: </b>The Myth Of The Firm
June 01, 2004
From what I've observed, most firms would be better off if they scrapped their marketing plans, projects, budgets and staffs completely. Save the money and spend it on summer associate swag, the holiday party, better seats at sporting events ' whatever. Why? Because marketing relies on something that many firms seem content to do without ' purpose.
Bit Parts
May 01, 2004
Recent developments in entertainment law.
Cameo Clips
May 01, 2004
Recent cases in entertainment law.
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.
