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Most of the federal circuit courts that have addressed what qualifies either as a "compilation" or as a single creative work apply an "independent economic value" analysis that looks at the market worth of the single creation as of the time when an infringement occurs. But in a recent ruling of first impression, the Fifth Circuit rejected the "independent economic value" test in determining which individual sound recordings are eligible for their own statutory awards and which are part of compilation.
Features
The next company general counsel to slide a morality clause across the desk for a celebrity or web influencer to sign shouldn't be surprised if that talent also whips out a morals clause, one to cancel the contract if the company's brand acts immorally.
Features
The U.S. Court of Appeals for the Ninth Circuit called Live Nation Entertainment Inc.'s requirement of new procedures for mass arbitration claims unenforceable and rejected the company's bid to keep a proposed class action lawsuit alleging inflated ticket prices out of court.
Columns & Departments
Notable recent court filings in entertainment law.
Columns & Departments
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Columns & Departments
34th Annual Entertainment Law Institute Austin, TX, Nov. 21-22
Features
As for the Truth-in-Music-Advertising law in this case of first impression, band-name rights holders will have to wait for state counsel to act in order to seek remedies provided by the statute.
Features
The adoption of the DMCA-style notice-and-takedown system is promising. But vocal artists will likely need greater protections on the improper or unauthorized use of their voice, and stronger regulations requiring the disclosure of any use of AI in advertising, promotions or other digital or audio content placed on the Internet.
Features
The suit raises the issue of whether "response" songs can have legal protection from copyright owners of the song that generated the response composition.
Columns & Departments
Notable recent court filings in entertainment law.