Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
CASE Act Explained
To many artists, the prospect of enforcing one's creative rights through the mechanism of copyright protection presents a number of challenges. While some of the enforcement issues plaguing copyright owners are a simple byproduct of progress — such as the need to police the web for online infringement or the proliferation of more-efficient technologies used in committing infringement — there are other obstacles that are inherent in our system of copyright law. Many of these built-in barriers to copyright enforcement have a disproportionate impact on the rights of individual artists and smaller, non-commercial arts organizations that often lack the financial means to seek a solution.
Like similar local organizations, Philadelphia Volunteer Lawyers for the Arts (PVLA) works to relieve some of the pressures facing independent copyright owners and nonprofit arts organizations by providing pro bono referrals to volunteer attorneys, allowing more effective protection for creative expression. Yet even with the benefit of free legal services, federal copyright litigation often carries a prohibitive price tag, with filing fees frequently amounting to hundreds of thousands of dollars or more.
In light of the relatively low-annual earnings of most independent creative professionals, along with the minimal damages that most of them stand to gain from a successful lawsuit, these fees often present an insurmountable obstacle that effectively bar these copyright owners from asserting their rights against infringers — particularly those with deep pockets. In light of these financial burdens, the unfortunate fact remains that many smaller artists are forced to forego their most powerful form of legal recourse due to a simple shortage of funds.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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.
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.
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.
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?
The Benefits of Blockchain for e-Discovery and Data Preservation
As businesses across various industries increasingly adopt blockchain, it will become a critical source of discoverable electronically stored information. The potential benefits of blockchain for e-discovery and data preservation are substantial, making it an area of growing interest and importance.