The Reserved Use ' A Modern Approach To 'Use Restrictions'
August 18, 2003
Most modern leases contain one or more paragraphs addressing the use of the premises. Pursuant to these paragraphs the landlord and tenant agree, among other things, that the tenant is entitled to use the leased premises for one or more specified uses, an 'Allowable Use.' The parties may also agree that certain uses, 'Obnoxious or Prohibited Uses,' would be inappropriate for the tenant space or for any other space in the shopping center occupied by another tenant. In shopping centers where one or more tenants are acting as the initial anchor, that tenant will frequently require the landlord to agree not to let any other occupant have the right to use any portion of the center for a specified use (an 'Exclusive Use'). Sometimes the exclusive is coterminous with the anchor tenant's Allowable Use, but frequently it will be more narrowly drafted to include only a portion of the Allowable Use. In shopping centers where the initial anchor is a grocery store or other readily definable use and where the tenant has significant bargaining power, this process can be quite simple and, with the use of a well-drafted declaration of restrictions, can be applied with relative ease.
'Red Flags and Iceberg Tips'
August 18, 2003
Congress and the Department of Justice (DOJ) are driving home an important point: A company's central management is ultimately responsible for any criminal conduct by its business divisions and employees, and must therefore implement policies and procedures to ensure that it promptly discovers and corrects any potential violations.
How to Avert or Survive a Software Audit
August 15, 2003
<i>Ed. Note: One would expect law firms to consider it beneath them to deliberately have staff members ' or those of an ancillary business ' use illegal software copies. But the potentially high cost and embarrassment that can result from even tacitly permitting violations of software licenses should merit proactive attention by firm management.</i>
<b><i>Clause & Effect</b></i>Issues in Drafting Work-for-Hire Agreements
August 01, 2003
The common use of content created by freelance talent has made the signing of work-for-hire agreements a common requirement of entertainment production companies. But just how specific must the contract language be to make the work-for-hire provision binding on the content creator?
Bit Parts
August 01, 2003
Recent developments in entertainment law.
Cameo Clips
August 01, 2003
Recent cases in entertainment law.
Courthouse Steps
August 01, 2003
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Securitization May Work Beyond Music Royalty Income Stream
August 01, 2003
A securitization is a process whereby an individual or entity pools the right to future payments that it is owed, and sells this right as a security. The first individual to capitalize on the concept of securitization of intellectual property (IP) assets was musician David Bowie. He issued a bond offering backed by his copyright royalties in 25 of his albums comprising approximately 250 songs. Although industry experts expected a flood of music rights securitizations following the launch of the "Bowie Bonds" in 1997, this did not come to pass. However, securitization as a concept is not limited to just music copyright royalties. Any IP right with a proven revenue stream could be used as the underlying asset in a securitization. Therefore, there is a huge potential for extending the concept of IP securitizations to other areas of the entertainment industry.
