Financier Got Bona Fide Right To Screenplay Copyright
January 31, 2014
The U.S. District Court for the Southern District of New York decided that an investor obtained the copyright to a film screenplay, even if the finance advisor for the production company in which the screenplay author had an equity interest fraudulently induced the author to assign the copyright to the production company.
European Civil Law, Franchise Agreements and the Duty of Good Faith
January 31, 2014
The "restrictive," "adaptive" and "collateral" approaches to a duty of good faith can be found in differing combinations and degrees in most of the civil jurisdictions in the EU, despite the fact that some of them have a very different historical perspectives and approaches to the concept of good faith. Last month we took a look at the German system; now, we turn to the French.
Go Time for Windows XP
January 31, 2014
From hardware to software, change is the rule and attorneys who don't want their offices or firms to be a casualty of advancing technology need to be proactive.
Amend Your Arbitration Clause to Comply with New Rules
January 31, 2014
Franchising companies often select arbitration to resolve issues with their franchisees and critical vendors. An arbitral forum allows the parties to discuss and resolve marketing initiatives outside of the prying eyes of the media and competitors. Although some companies welcome the limitations on appeals of arbitration awards as an advantage in reaching finality of business disputes, others find it a reason to avoid arbitration, because the costs of a bad outcome can be high.
Net News
January 31, 2014
Ninth Circuit Cool to Privacy Claims against Facebook, Zynga <br>Cooley Advises LegalZoom in Private Equity Infusion
Bit Parts
January 31, 2014
Hulk Hogan Denied Temporary Injunction Against Publication of Sex Tape<br>Publisher's Copyright Registration Permits Songwriter's Estate to Pursue Infringement Claim<br>'Vampyres' Book Didn't Defame Plaintiff with Same Name as Fictional Character
IP News
January 31, 2014
Federal Circuit Takes Hard Look at a More Permissive Standard for Fee-shifting <br>Federal Circuit Confirms that Prosecution History Estoppel Applies to Design Patents<br>FDCA Does Not Preempt State Unfair Competition Claims
How Law Firms Can Fix the 'Dropbox Problem'
January 31, 2014
Maintaining client confidentiality has always been a core responsibility of the legal profession, yet keeping sensitive, confidential information secure has never been more complicated, thanks to the emerging "Dropbox problem."
Content Owners' Pursuit of Secondary Infringement Claims
January 31, 2014
Secondary liability can be imposed on an ISP or distributor of a product used to commit infringement based upon claims of contributory infringement, inducement infringement or vicarious infringement. The contributory and inducement claims both focus on a defendant's contribution to the infringement and require that the defendant knows that direct infringement is occurring. These related claims, which provide independent ways to attack secondary infringement, differ in important respects.
