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November 2024
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Features

Fifth Circuit Rejects Majority 'Independent Economic Value' Test for Infringement Damages Image

Fifth Circuit Rejects Majority 'Independent Economic Value' Test for Infringement Damages

Stan Soocher

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

Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support Image

Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support

Daniel Muino & Charles Provine

The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.

Features

Issues in Reverse Morals Clauses In Talent Influencer Contracts With Product Brands Image

Issues in Reverse Morals Clauses In Talent Influencer Contracts With Product Brands

Chris O'Malley

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

Ninth Circuit, Texas Supreme Court Weigh in On Live Nation Litigations Image

Ninth Circuit, Texas Supreme Court Weigh in On Live Nation Litigations

Avalon Zoppo & Adolfo Pesquera

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

Fresh Filings Image

Fresh Filings

Entertainment Law & Finance Staff

Notable recent court filings in entertainment law.

Features

Fifth Circuit Remands Recording Labels' Copyright Suit Against ISP Image

Fifth Circuit Remands Recording Labels' Copyright Suit Against ISP

Adolfo Pesquera

A federal appeals court departed from five sister circuits determining damages in a copyright infringement case, taking a position the Copyright Alliance called "a cruel joke."

Columns & Departments

Players On the Move Image

Players On the Move

Entertainment Law & Finance Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Columns & Departments

Upcoming Event Image

Upcoming Event

Entertainment Law & Finance Staff

34th Annual Entertainment Law Institute Austin, TX, Nov. 21-22

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