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Clause & Effect: <b>Courts Rule on Audit Rights, Moral Clauses, And TV Talent Rights in Program Trademarks
The following article is a roundup of recent court decisions on provisions in entertainment industry contracts.
Songwriting and recording agreements usually include a provision covering artist royalty audit rights. (See the article in this issue on the California law that takes effect Jan. 1, 2005 regarding audit rights in recording agreements.) But what happens when a songwriter or recording artist waits a lengthy time to conduct an audit of the music publisher's or record label's accounting books? In a case decided in December 2004 by the Court of Appeal of California, Second Appellate District, Division Eight, a music publisher argued that a songwriter's decade-long delay in conducting a royalty audit amounted to a lack of diligence that barred the songwriter from using the delayed-discovery doctrine in his royalty suit against the publisher. However, the court of appeal reversed the lower court's grant of summary judgment that had been issued in favor of the music publisher. Weatherly v. Universal Music Publishing Group (UMPG), B170395.
James Weatherly entered into an exclusive songwriter's agreement with KECA Music in 1974; UMPG subsequently acquired KECA's rights. Provisions in the songwriting agreement stated:
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?