Features
Practical Impact of D.C. Circuit's Ruling on Foreign Broadcasters and Copyright Liability
Broadcasters around the globe know that Americans want access to digital content and that they often ignore who provides it to them. For business reasons, tax reasons or to try to avoid liability under copyright law, many of these broadcasters intentionally do not set up operations in the United States. However, when these broadcasters transmit content for which they do not have authorization, they may be in violation of the copyright holder's rights.
Features
Arbitration Impact on Attorney Fees and Film Company Principal
The U.S. Court of Appeals for the First Circuit reversed a district court's award of attorney fees to Sony Corp. under §505 of the Copyright Act for winning a ruling that a lawsuit over a Sony Music songwriting contest should be sent to arbitration.
Features
Commentary: 'Thin' vs. 'Broad' Protection for Music Works
The hotly disputed legal issue between the majority and dissent in the recent, highly-publicized “Blurred Lines” decision by the U.S. Court of Appeals for the Ninth Circuit concerned whether Marvin Gaye's 1976 hit song “Got to Give it Up” was entitled to “broad” or “thin” copyright protection.
Features
Commentary: Smaller Space for Innovation Leads to More Infringement Suits
Pop musicians may be running out of creative space. And this problem is being exacerbated by the behaviors of what we might call the “legacy” interests — parties who own copyright interests in already-created songs but who won't be making any new music.
Features
DeLorean Estate's Lawsuit over 'Back To the Future' Royalties
Two camps are battling in New Jersey federal court over royalties paid by Universal Pictures for use of the car that became a time machine in the <i>Back to the Future</i> movie trilogy.
Features
Impact on Accusers of Court-Approved Weinstein Co. Sale
A Delaware federal bankruptcy judge's ruling in May approved the $310 million sale of The Weinstein Co.'s television and film assets to Dallas-based Lantern Capital Partners. The development was the latest blow to women who had hoped to recover against the company for abuses suffered at the hands of company co-founder Harvey Weinstein.
Features
Plot Thickens for Dispute over 'Star Wars'-Related Card Game App
In a lawsuit over rights to a card game with a pivotal role in the <i>Star Wars</i> saga, Lucasfilm Ltd. won an early battle against app maker Ren Ventures Ltd. when a federal district judge in San Francisco declined to dismiss Lucasfilm's claims based on Ren Ventures' use of various trademarks, primarily centered on the game Sabacc.
Features
Considering Lease Assignment Provisions in the Light of an Enterprise's Broader Business Plan
When entering into or acquiring leases for locations, a retail or restaurant business must consider broader business concerns in negotiating the leases' assignment provisions. Those provisions can inadvertently create major obstacles in the ultimate conveyance or financing of the business.
Features
Supreme Court Denies Cert in RLUIPA Case
<b><i>Sets Standard that Potentially Relieves Municipalities from Liability for Denying Religious Uses</b></i><p>The broad and somewhat vague definition of religious exercise in The Religious Land Use and Institutionalized Persons Act (RLUIPA) has invited much litigation over what constitutes a substantial burden and even what constitutes religious exercise.
Features
Chapter 15 Practice: U.S. Venue Selection Clause Does Not Trump Distribution Scheme in Italian Restructuring Plan
The U.S. Bankruptcy Court for the District of Delaware recently ruled that choice of law and venue selection provisions in a contract between a U.S. creditor and Italian debtor did not trump the debt restructuring plan approved by an Italian bankruptcy court.
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