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Copyright Restoration/Constitutionality
The U.S. Court of Appeals for the District of Columbia affirmed a district court ruling that Sec, 514 of the Uruguay Round Agreements Act (URRA) ' which restored copyrights to works in the public domain in the United States but still under copyright in their home country ' is constitutional. Luck's Music Library Inc. v. Gonzales, 04-5240.
Film Production/ Employment Discrimination
The Court of Appeal of California, Second Appellate District, Division Five, ruled against Anne Trop in her suit alleging that she was fired from her job as assistant to movie producer/director Betty Thomas due to sexual discrimination and wrongful termination. Trop v. Sony Pictures Entertainment Inc., B174101. The court of appeal found: “Trop failed to raise a triable issue that her termination was based on pregnancy. Plaintiff produced no evidence to rebut defendants' showing that: 1) Thomas made the decision to fire Trop before Trop learned she was pregnant; 2) Trop's job performance was unsatisfactory for Thomas's needs; and (3) Thomas did not know of Trop's pregnancy until after the firing.”
Music Sampling/Certiorari Denied
The U.S. Supreme Court denied a petition for a writ of certiorari to review a music-sampling ruling by the U.S. Court of Appeals for the Ninth Circuit. Newton v. Diamond, 04-1219. The appeals court held that the Beastie Boys' use of a sampling loop of a 6-second, three-note segment in their recording “Pass the Mic” from a musical composition by flutist James Newton was de minimis and thus not copyright infringement.
Music Sampling/Rehearing Ruling
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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.
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The Anti-Assignment Override Provisions
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