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Copyright Renewal/'Posthumous Work'
A Manhattan federal district court decided in a complex case that the short-story 'Chitty Chitty Bang Bang' wasn't a posthumous work under the Copyright Act, even though the story's British author Ian Fleming died before the work was published. Legislator 1357 Ltd. v. Metro-Goldwyn-Mayer Inc. (MGM), 04 Civ. 3951(MGC). The late author's nieces sued claiming ownership of the 1993 renewal term in the story and infringement through the defendant's recent distribution of the film 'Chitty Chitty Bang Bang,' originally made under a rights assignment in the 1960s. The Copyright Act doesn't define 'posthumous work.' The movie studio argued that the story was one, whose renewal rights therefore vested in the book trust that Fleming set up to grant the TV and film rights that the studio subsequently obtained. But the district court stated: 'In addition to assigning the copyright and entering into contracts during his lifetime [for the story], Ian Fleming revised manuscripts for publication. ' The rights in the renewal term therefore vested in the trustees of the Will Trust as executors of Fleming's estate and not, as defendants contend, in the trustees of the Book Trust.' However, the court ruled, among other things, that MGM could pursue an equitable-estoppel defense due to the 'lengthy delay in filing this [2004] action, as well as defendants' good faith belief that plaintiffs viewed them as the owners of the film rights in the Work.'
Radio Broadcasting/Sponsored Airplay
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.