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The Difference Between 'Covenant' and 'Condition Precedent' In Song Licensing Agreements
In 2008, songwriter Maria Schneider signed an administration agreement (AA) that gave the administrator ArtistShare Music Publishing (AMP) the exclusive right to administer her musical compositions, including "to execute" in Schneider's "name any licenses and agreements affecting the Compositions." The AA further stated AMP "must notify you [i.e., Schneider] and obtain your prior written approval for any license we grant on your behalf." After AMP assigned "all its duties" under the AA to its affiliated company Modern Works Music Publishing (MWP), MWP in 2014 entered into a blanket publishing licensing agreement (PLA) that gave YouTube the right to use Schneider's compositions.
Schneider later sued YouTube in the U.S. District Court for the Northern District of California for copyright infringement claiming, according to the court, "that she was not aware of YouTube royalties or even the PLA before this lawsuit, and that she never approved licensing her works to YouTube." Schneider v. YouTune LLC, 20-cv-04423.
When YouTube moved for summary judgment, Judge James Donato denied the motion, partially because "the question of whether MWP owned or controlled Schneider's compositions is replete with factual disputes …."
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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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.