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Cameo Clips
Copyright Registration Prerequisite Not Met
The U.S. Court of Appeals for the First Circuit ruled that an e-mail from the Copyright Office stating it was 'waiting to resolve' the sufficiency of materials submitted for the copyright registration of several songs didn't allow the songwriters to proceed with an infringement suit. Alicea v. Machete Music, 12-1548.
Three reggaeton producers sued over alleged use of their compositions on the 2008 album by Erre XI distributed by Machete Music, which is owned by co-defendant UMG Recordings. The U.S. District Court for the District of Massachusetts granted summary judgment for the defendants on the ground that the plaintiffs had yet to satisfy the registration prerequisite of 17 U.S.C. '411(a) for filing an infringement action. Federal circuits use one of two different tests for determining whether the '411(a) prerequisite is satisfied: either from when the registration application is filed or when the Copyright Office issues the registration certificate.
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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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?