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What Should the Filing Time Be for Common Law Copyright Infringement Suits?
Rights in pre-Feb. 15, 1972, sound recordings ' which are protected by state law, rather than federal copyright law ' are hotly litigated in the digital music era. On April 17, for example, major record labels sued the music-streaming service Pandora in New York Supreme Court in Manhattan. Capitol Records LLC v. Pandora Media Inc., 651195/2014. The suit alleges common-law copyright infringement and unfair competition from Pandora's use of pre-1972 recordings. Federal copyright law provides a specific statute of limitations for infringement claims, but New York doesn't for common-law infringement. As a result, there is no practical guidance on how far back damages may be counted.
The issue was recently discussed in an April 14 New York state court ruling involving use of a pre-1972 recording on a restaurant website's home page. Capitol Records LLC v. Harrison Greenwich LLC, 652249/2012. Capitol Records sued the New York City restaurant over unlicensed use of the 1970 recording “The Rumor” by The Band. Capitol filed its complaint for common-law copyright infringement in New York County on June 27, 2012.
The restaurant's owner first decided to use “The Rumour” on the eatery's website in 2006, but took the recording down after Capitol sent a cease-and-desist letter. The restaurant re-posted the recording in 2009.
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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?