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Features

The Difference Between 'Covenant' and 'Condition Precedent' In Song Licensing Agreements Image

The Difference Between 'Covenant' and 'Condition Precedent' In Song Licensing Agreements

Stan Soocher

A question of law arose for a District Judge when a songwriter sued YouTube, claiming she never approved licensing her works to YouTube — whether the administration agreement's notice-and-consent clause was a condition precedent to the administrator's ability to license the songwriter's songs.

Features

Fair Use of Embedded Content on Social Media Image

Fair Use of Embedded Content on Social Media

Stephen M. Kramarsky & John Millson

The change in character of social media, from purely social communication to a mixture of the social and commercial, has had knock-on effects for courts applying traditional legal principles, notably, the application of copyright law.

Features

What Is the Difference Between 'Covenant' and 'Condition Precedent' In Song Administration Agreement? Image

What Is the Difference Between 'Covenant' and 'Condition Precedent' In Song Administration Agreement?

Stan Soocher

A question of law arose for a District Judge when a songwriter sued YouTube, claiming she never approved licensing her works to YouTube — whether the administration agreement's notice-and-consent clause was a condition precedent to the administrator's ability to license the songwriter's songs.

Features

Copyright Claims Board: Now Entering the "Active Phase" Image

Copyright Claims Board: Now Entering the "Active Phase"

Michelle Davis

2023 is shaping up to be a big year for small claims. Since making its debut in June of 2022, the Copyright Claims Board (CCB) has received over 250 claims, and at least 11 have made it to the "active phase," with more on the way. Active phase means a respondent was served, failed to "opt out," and now the esteemed three-member tribunal of copyright experts may finally get a chance to make some rulings.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

COVID-19 Insurance Coverage Affirmed for Cancellation of Tina Turner Musical MTV Floribama Shore Overcomes Trademark Infringement Claim New York Appellate Division Reinstates Lawsuit Alleging Misappropriation of Reality TV Concept Ninth Circuit Affirms Film Clip In Talent Acting Reel Was Fair Use

Features

Copyright Claims Board: A New Stage for Copyright Infringement Claims Image

Copyright Claims Board: A New Stage for Copyright Infringement Claims

Robert E. Browne & Michael D. Hobbs

Copyright holders would be well advised to familiarize themselves with the Copyright Claims Board for resolving copyright infringement claims and to consider its benefits and potential downsides in bringing or defending copyright infringement actions.

Features

Conn. Fed. Court Distinguishes Funny Girl Lyrics Royalty Rights from Copyright Image

Conn. Fed. Court Distinguishes Funny Girl Lyrics Royalty Rights from Copyright

Allison Dunn

A federal judge in the U.S. District Court for the District of Connecticut sided with the family of a production company executive in finding that the wife of late Broadway lyricist Bob Merrill had no right, under §304(c) of the U.S. Copyright Act, to cancel a more than 50-year-old royalty agreement between the executive and Merrill.

Features

A New Stage for Online Copyright Infringement Disputes Image

A New Stage for Online Copyright Infringement Disputes

Robert E. Browne & Michael D. Hobbs

Copyright holders would be well advised to familiarize themselves with the Copyright Claims Board for resolving copyright infringement claims and to consider its benefits and potential downsides in bringing or defending copyright infringement actions.

Features

Second Circuit Addresses Significant Music Compulsory Licensing Issues In Bill Graham Archives Dispute Image

Second Circuit Addresses Significant Music Compulsory Licensing Issues In Bill Graham Archives Dispute

Stan Soocher

In 2015, a group of music publishers sued the purchaser of the Bill Graham Archives — a repository that includes live performances staged by the late, legendary concert promoter of an array of musical artists beginning in the 1960s. Now, the Second Circuit has handed down its appellate opinion in the litigation, addressing the important compulsory licensing concerns as well as some of the additional issues in the case.

Features

Fight Stream Distributor Can Pursue Claim Against TN Grill Image

Fight Stream Distributor Can Pursue Claim Against TN Grill

Allison Dunn

In a matter of first impression, the Sixth Circuit sided with a third-party sporting events distributor by finding the distributor has standing to sue a Kingsport, TN, bar under the U.S. Copyright Act for livestreaming a 2017 boxing match between Floyd Mayweather and Conor McGregor without the proper licensing.

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