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Features

11th Circuit Joins Controversy Among Circuits on Copyright Damages Look Back Image

11th Circuit Joins Controversy Among Circuits on Copyright Damages Look Back

Michael A. Mora

The federal appellate court in Atlanta, GA, in a case of first impression "that has divided our sister courts" over the U.S. Copyright Act's §507(b) statute of limitations on recovering damages beyond three years of a copyright lawsuit filing, just added to that division.

Features

Music Rates and Royalties 2023: Past, Present and Future Image

Music Rates and Royalties 2023: Past, Present and Future

Jeff Brabec & Todd Brabec

Part One of a Two Part Article Analysis of the most important music rate and royalty areas, both past, present and future and how and by whom they are set or determined as well as the effect that legislation, litigation, the Copyright Royalty Board and the Department of Justice have had on the process.

Features

Getty Images' Suit Over AI Generator Image

Getty Images' Suit Over AI Generator

Isha Marathe

The magical world of AI-generated art has become more mainstream over the past few months. There has also been some backlash against the industry, including brewing class action lawsuits alleging copyright violations and resistance from online artist communities. But until recently, a substantial legal threat was yet to emerge against the technology that underpins artificial-intelligence art.

Features

Handling IP Ownership Issues In Remote Work Image

Handling IP Ownership Issues In Remote Work

Sarah Schaedler & Jennifer T. Criss

Even with legal assumptions that certain intellectual property rights in works created by employees are owned by the employer, these should not be relied upon exclusively. A well-drafted employee-agreement form is increasingly essential in light of the explosive growth of remote and flexible work arrangements.

Features

Music Rates and Royalties In 2023 Image

Music Rates and Royalties In 2023

Jeff Brabec & Todd Brabec

Part One of a Two Part Article A look at the most important music rate and royalty areas, both past, present and future and how and by whom they are set or determined as well as the effect that legislation, litigation, the Copyright Royalty Board and the Department of Justice have had on the process.

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

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