Decision of Note: <B>CA's USPA Covers Computer-Altered Likeness</B>
The Court of Appeal of California, Second Appellate District, Division Seven, decided that claims over the use of computer-altered likenesses of the plaintiffs in children's television programming were covered by the Uniform Single Publication Act (USPA), Calif. Civ. Code Sec. 3425.1 <i>et seq.</i> Thus, the claims were barred by California's relevant two-year statute of limitations. <i>Long v. The Walt Disney Co.</i>, B164750.
Impact of Foreign Tax Credits On Composer's Royalties
There has long been a dispute between songwriters and publishers as to whether songwriters are entitled to a proportional share of a publisher's savings resulting from foreign tax credits. A recent decision of New York's highest court, the Court of Appeals, resolved this issue in favor of the publisher. Under the ruling, absent express contractual language to the contrary, a songwriter is not entitled to share in the benefit of foreign tax credits taken by his or her publisher. Drafters and negotiators should take particular note of this development.
The Keys to Keyword Advertising
Until recently, courts have had relatively little to say about the practice of keyword advertising — <i>ie</i>, triggering Internet advertisements to appear when users search for a keyword identical to a competitor's trademark. Practitioners could look only to a single decision denying Playboy Enterprises, Inc.'s ("PEI") motion for a preliminary injunction against Netscape Communications Corp. ("Netscape") and Excite, Inc. ("Excite"). Now, four courts have recently issued decisions reaching starkly different results on keyword advertising practices, including a Ninth Circuit decision reversing summary judgment that had been entered against PEI in its litigation with Netscape and Excite. While much remains to be resolved, certain factors have been particularly influential.
If It Ain't Lawyering, It Must be Marketing
Few jobs in the world are more rewarding than the role of a marketing professional at a law firm. Where else can someone talk to the greatest legal minds, reporters from the Wall Street Journal and the General Counsel of a Fortune 500 company in one day? Add to this the situation where the concept of marketing is changing almost on a daily basis, and you have a dream position for a talented, visionary marketing guru. However, as any in-house veteran will tell you, some aspects of the actual job were not specifically mentioned in the job description. Professionals strongly lobby for grandiose titles such as Chief Marketing Officer or Global Director of Business Development when they first enter their firm. It looks great on a business card. It also really impresses people at your next high school reunion and can compensate for the extra 20 pounds you might be carrying since people last saw you on prom night.
Bit Parts
Recent developments in entertainment law.
Attorney Fees Update
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 this and future issues, <i>Entertainment Law & Finance</i> will report on such relevant rulings in Attorney-Fee Updates.
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.
Courthouse Steps
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
