Bit Parts
February 28, 2014
Ninth Circuit Applies California Statute of Limitations to Legal Malpractice Suit by George Clinton Against Law Firm He Retained from Seattle<br>State Restriction on Ability to File Suit Bars Claim over Concert Joint Venture
Content Owners' Pursuit of Secondary Infringement Claims
February 28, 2014
Secondary liability can be imposed on an ISP or distributor of a product used to commit infringement based upon claims of contributory infringement, inducement infringement or vicarious infringement. The contributory and inducement claims both focus on a defendant's contribution to the infringement and require that the defendant knows that direct infringement is occurring. These related claims, which provide independent ways to attack secondary infringement, differ in important respects.
Legal Issues in What Celebrities Wear At Award Shows
February 28, 2014
For many viewers, the main attraction of Hollywood award ceremonies are the gowns and tuxedos worn by celebrities as they stroll from interview to interview on the red carpet. A positive appearance can be a make-or-break moment for the fashion houses that outfit the stars and bring sought-after attention to the star. But what rights govern the wearing of designer gowns by celebrities at these events? And what rules apply when designers want to make commercial use of the celebrities who wear their creations?
Financier Got Bona Fide Right To Screenplay Copyright
January 31, 2014
The U.S. District Court for the Southern District of New York decided that an investor obtained the copyright to a film screenplay, even if the finance advisor for the production company in which the screenplay author had an equity interest fraudulently induced the author to assign the copyright to the production company.
Sup. Ct. Hears <i>Raging Bull</i> Laches Dispute
January 31, 2014
The U.S. Supreme Court in January heard oral arguments on whether a person's unreasonable delay in filing a copyright infringement action can be used to bar that lawsuit. <i>Petrella v. Metro-Goldwyn-Mayer</i> Inc. stems from a dispute over the rights to <i>Raging Bull</i>, the 1980 Martin Scorsese film based on the life of World Middleweight Champion Jake LaMotta.
<i>Soul Men</i> Ruling Shows Shift To Transformative Use Test
January 31, 2014
Celebrities often turn to the Lanham Act and state right of publicity laws to protect against exploitation of their name, image or voice in connection with the promotion of products or services. The U.S. Court of Appeals for the Sixth Circuit recently considered both Lanham Act and right of publicity claims in an action that pitted a Grammy winning musical artist against a major motion picture studio over the alleged use of the musician's likeness in a movie.
Is the Internet a Safer Place for Content Owners?
January 31, 2014
Many battles have been fought in courtrooms across the United States over the unauthorized Internet sharing of copyrighted books, music, movies and television shows. These include disputes over increasingly more sophisticated software products and websites that appear designed to respond to the latest court rulings over the scope of the DMCA "safe harbor" protections and the elements required to establish secondary copyright infringement liability.
Bit Parts
January 31, 2014
Hulk Hogan Denied Temporary Injunction Against Publication of Sex Tape<br>Publisher's Copyright Registration Permits Songwriter's Estate to Pursue Infringement Claim<br>'Vampyres' Book Didn't Defame Plaintiff with Same Name as Fictional Character
Global Corruption Enforcement
January 31, 2014
For multinational corporations, reducing the risks and concomitant expenses associated with corrupt employee behavior must be a priority. This article discusses the benefits of embedding compliance doctrine within operations, and how businesses could market integrity and compliance to gain a competitive advantage.
Content Owners' Pursuit of Secondary Infringement Claims
January 31, 2014
Secondary liability can be imposed on an ISP or distributor of a product used to commit infringement based upon claims of contributory infringement, inducement infringement or vicarious infringement. The contributory and inducement claims both focus on a defendant's contribution to the infringement and require that the defendant knows that direct infringement is occurring. These related claims, which provide independent ways to attack secondary infringement, differ in important respects.