DE Supreme Ct. Rules on <i>Viacom</i> and <i>Harmonix</i> Merger
November 02, 2013
Two important aspects of merger agreements are the price and the nature of the post-closing obligations of the sellers to defend or indemnify the buyer for claims arising out of presale conduct. As to the former, parties to merger transactions often bridge valuation gaps with earn-outs. The selling stockholders receive a cash payment at closing and an additional contingent right to receive a specified amount of future payments depending on how well the business performs.
Bit Parts
November 02, 2013
Band Is Allowed to Self-Release Album During Contract Battle with Victory Records<br> Song License Non-Signatory Can Compel Arbitration<br>Videogame Service Representative's Voiceover Work for Employer Ruled a Work for Hire
Establishing Copyright Damages When A Party Moves for Summary Judgment
November 02, 2013
Section 504(b) of the Copyright Act allows a copyright owner to obtain both the owner's actual damages as well as an infringer's profits attributable to the infringed work that weren't included in the actual damages award. What are the burdens of proof when a copyright infringement plaintiff seeks this recovery after a pre-trial summary judgment motion has been filed? How does an expert's report work into this? These issues were recently examined in the U.S. Court of Appeals for the Fourth Circuit.
Trying to Determine Rights in Pre-1972 Sound Recordings
November 02, 2013
Audio recordings of speech, musical instruments or any other sounds created before Feb. 15, 1972, are treated very differently from other recorded sounds under U.S. law. Each of the 50 states is free to apply its own rules to the protection of audio sound recordings made before Feb. 15, 1972, and may continue to do so for the next 54 years. As a consequence, the scope of protection for pre-1972 sound recordings is inconsistent from state to state, often vague and sometimes difficult to discern.
Federal Courts Continue to Decide California Anti-SLAPP Motions, Despite Criticism
October 02, 2013
Ninth Circuit federal appeals court Chief Judge Alex Kozinski recently questioned whether federal courts should hear motions to strike under California's "ant-SLAPP" statute. He wrote that the state statute "cuts an ugly gash through" the "integrated program of pre-trial, trial and post-trial procedures" set out in the Federal Rules of Civil Procedure.
ICANN's Trademark Clearinghouse Sees Slow Initial Take-up
October 02, 2013
Later this year, the Internet is set to undergo a series of new and drastic changes with the first rollout of hundreds of new generic Top Level Domains (gTLDs). However, there is still a significant lack of participation from many top businesses that have yet to register and, as a result, are at greater risk of intellectual property infringement and potentially putting consumers at risk as well.
Moral Rights Issues In Copyrights Used By U.S. Companies
October 02, 2013
In today's age of endless content recycling, the provenance of any particular published work can be disguised or ignored as it is churned through multiple media ' including on the Internet in social media. Content farms cycle news endlessly, sometimes with items even being automatically generated by specially designed computer software. And it goes without saying how much Hollywood loves a recycled idea.
Bit Parts
October 02, 2013
Content Rights Rulings on Presumptive Evidentiary Weight and on Burden of Proof.<br>Copyright Act Doesn't Preempt Emotional Distress Claims Over Web Posting of WWE Video
ICANN's Trademark Clearinghouse Sees Slow Initial Take-Up
October 02, 2013
Later this year, the Internet is set to undergo a series of new and drastic changes with the first rollout of hundreds of new generic Top Level Domains (gTLDs). However, there is still a significant lack of participation from many top businesses that have yet to register and, as a result, are at greater risk of intellectual property infringement and potentially putting consumers at risk as well.
