Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Actress Has No Copyright in Controversial <i>Muslims</i> Film
The work of an individual performer in a film isn't protected by copyright law, the U.S. Court of Appeals for the Ninth Circuit decided when it ruled in an 11-judge en banc decision that actress Cindy Lee Garcia couldn't use copyright law to force Google to remove a five-second clip of the film Innocence of Muslims from YouTube and other Internet platforms. Garcia v. Google, 12-57302. The en banc ruling reversed last year's controversial 2-1 judicial decision by the Ninth Circuit.
Chief Judge Alex Kozinski's 2014 opinion ordering the clip's removal “gave short shrift to the First Amendment values at stake,” Circuit Judge M. Margaret McKeown wrote in the recent en banc ruling. “The mandatory injunction censored and suppressed a politically significant film based upon a dubious and unprecedented theory of copyright,” she wrote. “In so doing, the panel deprived the public of the ability to view firsthand, and judge for themselves, a film at the center of an international uproar.”
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.
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.
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.