Courthouse Steps
October 14, 2003
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
'This Guy Walks into a Divorce Lawyer's Office ''
October 06, 2003
The traditional adversarial system continues to draw criticism when aggressively applied to family law cases. Apart from the inefficiencies, impracticalities and associated costs of strongly competitive approaches, the reasons for abandoning these poorly conceived methods of dispute resolution should be obvious.
Just A Joke: The Parody Defense In Domain Name Cases
October 02, 2003
When should a third party be able to incorporate a trademark in a domain name as a form of parody? Historically the question of parody has more often been raised in copyright infringement cases where the defendant concedes that he has used a copyrighted work, but has done so in order to make a social criticism or comment. Generally courts will examine such claims by looking at whether the amount of the copyrighted work taken was no more than necessary to conjure up the original in the mind of the targeted audience and whether the parody was commenting on the copyrighted work or merely using the creativity of another to make a statement about some unrelated topic or issue. <i>See eg, Elsmere Music, Inc v. National Broadcasting Co.</i>, 482 F. Supp. 741, 747 (S.D.N.Y. 1980), aff'd, 623 F.2d 252 (2d Cir. 1980) (finding Saturday Night Live's use of 'I Love Sodom' to be protected parody of 'I Love New York').
Where's Your Internet Headed?
October 02, 2003
With the ever-increasing frequency of business being conducted over the Internet, the events giving rise to the potential extraterritorial application of law also have increased, drawing attention to an area of law that is anything but clearly delineated. The increased likelihood of law being applied extraterritorially means that businesses should now seriously consider where their Internet business is directed, who it is likely to be reaching and be prepared with at least some minimal knowledge regarding the laws of such jurisdictions.
<i>Clause & Effect</i><b>Interpreting 'Preliminary' Joint Venture Agreements</b>
October 01, 2003
Celebrities and entertainment entities may enter into joint venture agreements for projects with other parties to obtain funding and/or administrative support. The joint venture may begin with an initial letter agreement between the parties, though there are specific elements that must be included to make the letter agreement binding.
Pet Peeves in Negotiating Entertainment Deals
October 01, 2003
I've edited a treatise on what to do when negotiating contracts in the entertainment industry. This article is about what not to do. What started me thinking about this was when an attorney insisted that an option contract between my producer client and his playwright client contain a provision that the playwright be invited to the opening night party. Then I started thinking about the other things that almost drive me over the edge when I am negotiating with other attorneys in our business.
Bit Parts
October 01, 2003
Recent developments in entertainment law.
Cameo Clips
October 01, 2003
Recent cases in entertainment law.
Protecting Record Producer's Interest In Music-Royalty Audit Scenarios
October 01, 2003
An unfortunate fact in the recording industry is that successful records result in audits by royalty participants. This is partly due to the entrenched distrust that artists have for record companies and partly to simple prudent business practices. If an artist sells hundreds of thousands or millions of units around the world, it would be the rare company that could move that many pieces of product without making a mistake. Sometimes the mistakes are just mistakes, and sometimes an audit holds up a mirror that reveals what happens under the record company hood - warts and all. And the "all" category can be very interesting.
