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Case Notes

ssalkin

Contractual Allocation of Damage Risk Thwarts Insurer's Subrogation Claim<br>Lacking Specifics, Lease Term Is Unenforceable

Features

Ultra Music Festival Disputes Result in Decisions Within Days of Each Other Image

Ultra Music Festival Disputes Result in Decisions Within Days of Each Other

Stan Soocher

Only days after winning dismissal of an anti-trust lawsuit over its 2019 move to a new location in Miami, FL, for the Ultra Music Festival, Worldwide Entertainment lost its bid to reopen a court case over use of the "Ultra Music" brand for a festival overseas.

Features

High Court's View of 'Full Costs' in Copyright Litigation Image

High Court's View of 'Full Costs' in Copyright Litigation

Scott Graham

A unanimous U.S. Supreme Court, led by Justice Brett Kavanaugh, held that the phrase “full costs” in §505 of the Copyright Act means all of the costs specifically enumerated in the general cost-shifting statutes, such as transcripts and fees for court-appointed experts and interpreters.

Features

U.S. Supreme Court's Ruling on Copyright Registration Image

U.S. Supreme Court's Ruling on Copyright Registration

Robert J. Bernstein & Robert W. Clarida

The Supreme Court had granted cert in <i>Fourth Estate</i> to resolve a split in the federal circuit courts as to whether §411(a) of the Copyright Act could be read to allow commencement of an infringement action once a registration application filed with the Copyright Office is complete (the “application approach”) or, instead, only (subject to limited statutorily specified exceptions) upon issuance by the Copyright Office of the registration (the “registration approach”).

Features

Claim of Non-Purchasing Tenant Status Rebuffed Image

Claim of Non-Purchasing Tenant Status Rebuffed

Deborah E. Riegel

When developers convert occupied buildings to condominiums or, less frequently, cooperative ownership, non-purchasing tenants are protected from eviction. When tenants in those buildings acquire vested rights as non-purchasing tenants is significant for developers, because the timing dictates the number of units that will be available for sale to outside purchasers. It is, therefore, no surprise that this is a highly charged and contested issue.

Features

The Supreme Court Finally Resolves An Old, Vexing Question: Does "Registration" Mean "Registration"? Answer: "Yes." Image

The Supreme Court Finally Resolves An Old, Vexing Question: Does "Registration" Mean "Registration"? Answer: "Yes."

James A. Trigg & Bethany R. Nelson

In Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC, the Supreme Court resolved a circuit split decades in the making by holding that a copyright is not "registered" within the meaning of the Copyright Act unless and until a registration certificate actually has issued.

Features

10 Categories of Provisions to Consider in any Commercial Lease Image

10 Categories of Provisions to Consider in any Commercial Lease

Alan Nochumson

Part One of a Two-Part Article When entering into a lease for commercial space, there are some items that should not be overlooked. Landlords and tenants alike should make sure that the following things are addressed in the lease, one way or another.

Columns & Departments

Development Image

Development

ssalkin

Cemetery Entitled to Use Variance<br>ZBA Usurpation of Planning Board Authority<br>Statutory Factors Need to Be Considered In Denial of Area Variance

Features

U.S. Studios Agree to End Geoblocking in Europe Union Image

U.S. Studios Agree to End Geoblocking in Europe Union

Simon Taylor

Under the agreement, the studios and Sky UK will open up pay-TV markets, allowing consumers across the European Union to access to a wider range of content regardless of their location.

Features

GA Appeals Court Rules Rapper T.I. Not Liable for Attack at Studio Image

GA Appeals Court Rules Rapper T.I. Not Liable for Attack at Studio

Katheryn Hayes Tucker

“What started off as a jam-packed week of parties, concerts, and watching renowned rappers mixing new music tracks in the waning days of summer abruptly ended with Norris Gresham being dragged down a flight of 30 stairs and viciously pistol whipped in front of a crowd of onlookers.”

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