California Federal Court Sorts Out Ownership Issues In Dispute Over Record Albums
September 01, 2021
Approval of all the co-owners of a copyrighted work is needed to grant exclusive rights to third parties. Despite that, any co-owner can sell that co-owner's exclusive ownership share to third parties without the permission of the others The U.S. District Court for the Eastern District of California recently released an opinion that considered the interplay of these copyright issues.
Proposed Changes In UCC Address Virtual Currency Financing
September 01, 2021
Financial institutions are beginning to accept virtual currencies as collateral for financings. Could this become common for independent film productions and other entertainment industry ventures? This article examines the scope of UCC Article 9 with a focus on virtual currencies, taking into consideration issues of classification and perfection.
How NY Courts Find Copyright Preemption of State Law Right of Publicity Claims
September 01, 2021
To survive preemption under §301 of the Copyright Act, courts consider whether a state law claim in a lawsuit has an "extra element" that qualitatively distinguishes it from a federal copyright claim. Courts typically find that state law claims, such as breach of contract, have an extra element. Other state law claims, such as conversion, get varying court determinations as to whether they are preempted.
Biometric Law Litigation Expands Beyond Social Media
September 01, 2021
Social media has played an oversized role in lawsuits under state and local biometric privacy laws. Now, a New York City law that took effect in July is likely to significantly expand the range of biometric-related litigation beyond social media companies to a new group of defendants: retail stores, places of entertainment, and food and drink establishments.
Bit Parts
September 01, 2021
N.Y. Federal Court Rules State's Anti-SLAPP Statute Doesn't Apply in Federal Court Lawsuits
Players on the Move
September 01, 2021
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Upcoming Event
September 01, 2021
Black Widow, Box Office and Breach of Contract: Profit Participation In COVID
How NY Courts Find Copyright Preemption of State Law Claims
August 01, 2021
Under §301 of the U.S. Copyright Act, state law claims that are "equivalent" to exclusive rights in copyrights granted by federal law are preempted by the federal statute. To survive preemption, courts consider whether a state law claim in a lawsuit has an "extra element" that qualitatively distinguishes it from a federal copyright claim.