Features
Legal Issues and Monetization Strategies In a Quarantine-Streaming Music World
Part One of a Two Part Article While the livestreaming of music performances is not an entirely new phenomenon, the COVID crisis has transformed the live performance landscape, compelling artists from around the world to reach their fanbase by producing "quarantine streams," in which they livestream their sets on social media platforms. Given this sudden pivot to livestreaming over social media, unsurprisingly many questions have arisen.
Features
To Embed, or Not to Embed, that is the Question
Would Shakespeare Post Hamlet on Instagram in 2020? While the sound distracting you hear from this article may well be William Shakespeare rapidly turning in his grave like the Mad Hatter Teacup Ride at Disneyworld, recent legal and procedural developments associated with the ubiquitous Instagram social media site have created significant practical and legal risks for both copyright owners and account holders that would have even vexed the Bard himself.
Features
Legal Issues and Monetization Strategies In a Quarantine-Streaming Music World
Part One of a Two Part Article While the livestreaming of music performances is not an entirely new phenomenon, the COVID crisis has transformed the live performance landscape, compelling artists from around the world to reach their fanbase by producing "quarantine streams," in which they livestream their sets on social media platforms. Unsurprisingly many questions have arisen.
Features
Fair Use Applied to Embedded Photograph
The extremely flexible character of social media has required equal flexibility in courts' intellectual property analysis. Happily, under U.S. copyright law, that kind of flexibility is possible.
Features
What 11th Circuit Ruled in Copyright Suit Over Netflix's Narcos Series
The U.S. Court of Appeals for the Eleventh Circuit ruled in favor of Netflix in finding that one of its shows didn't infringe the copyright of a Colombian journalist who wrote a memoir about her affair with drug kingpin Pablo Escobar and the rise of the Colombian drug trade.
Features
Fifth Circuit's Decision in Sampling Case Considers Automatic Liability Controversy
The U.S. Court of Appeals for the Fifth Circuit ruled in favor of internationally successful hip-hop duo Macklemore & Ryan Lewis in a music sampling suit brought against them by New Orleans jazz musician Paul Batiste.
Features
'Asserted Truths' Doctrine Used to Decide Jersey Boys Copyright Dispute
In a recent decision, the Ninth Circuit held that materials taken from an autobiography of Tommy DeVito — an original member of The Four Seasons music group — and used in the Broadway musical Jersey Boys depicting the band's history and hits, comprised facts and other noncopyrightable expression.
Features
To Embed, or Not to Embed, that is the Question
Would Shakespeare Post Hamlet on Instagram in 2020? Recent legal and procedural developments associated with the ubiquitous Instagram social media site have created significant practical and legal risks for both copyright owners and account holders.
Features
Are Rule 12(b)(6) Dismissals In Copyright Infringement Lawsuits In Danger?
Until recently, the Second and Ninth Circuits have both been receptive to dismissals under Rule 12(b)(6) if the court determines the plaintiff cannot plausibly state a claim of copyright infringement because the two works are not substantial similar. However, a pair of recent "unpublished" Ninth Circuit reversals involving prominent motion pictures stand in contrast to a recent Second Circuit decision affirming such a dismissal.
Features
In Decision of First Impression, Court Decides 'Gap Grants' Can Be Terminated Under §203 of U.S. Copyright Act
In the 1976 Copyright Act, Congress inserted a termination right for authors or their successors for pre-January 1, 1978, assignments of copyrighted works. However, the legislators didn't directly address a key issue: how to determine termination rights for what are known as "gap grant" works — that is, those created post-1977 under copyright assignments made before then.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith 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.Read More ›
- Considerations When Entering Into a Tolling AgreementDefense counsel in complex white-collar investigations are often asked to waive these important protections by entering into tolling agreements, stopping the clock on the statute of limitations at issue. Whether such an agreement is actually in a target or subject's best interest presents a difficult question, and COVID-19 has impacted the calculus.Read More ›
- 'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate PurchasersIn June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.Read More ›
- CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access LawsuitLatham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.Read More ›