Recent Issues in Cybersquatting Disputes
October 02, 2013
There are several pressing issues within the realm of cybersquatting, including: recent heightened scrutiny applied by courts to cybersquatters and the operators who host their domains; the various methods by which companies attempt to combat the problem; and whether cybersquatting will become a substantial problem on newer platforms, such as social networking sites and on the forthcoming new gTLDs.
Big Defeat for Online Streaming
September 30, 2013
Television broadcasters scored a big victory last month in their quest to power down online television streaming services. It's a dispute that likely seems headed to the U.S. Supreme Court, entertainment lawyers say, given divided rulings from courts across the country.
Upcoming Event
September 02, 2013
TexasBarCLE 23rd Annual Entertainment Law Institute
Transformative Use Musings
September 02, 2013
The California Supreme Court has accepted "transformative use" as a First Amendment defense to a right-of-publicity claim for more than a decade. The issue recently came up before the U.S. Court of Appeals for the Ninth Circuit, in the class action suit by former college athletes who claim Electronic Arts (EA) violated their rights of publicity with the NCAA Football video game.
Correction
September 02, 2013
The Cameo Clips column in the August 2013 issue of Entertainment Law & Finance incorrectly reported the name of the deciding court in Faulkner Literary…
Maddeningly Mismated Matches
September 02, 2013
In paired opinions rendered the same day by the same judge, the Ninth Circuit reached seemingly directly contrary conclusions in virtually identical cases concerning the balancing of intellectual property rights and First Amendment interests.
No Personal Jurisdiction In Sending Copyright Termination Notices By Stan Soocher
September 02, 2013
Much of the attention to the recent decision by the U.S. Court of Appeals for the Second Circuit on rights to key Marvel Comics characters focused on the opinion's "work for hire" analysis. But the appeals court also addressed an important procedural concern in copyright termination litigation: the interplay between parties sending these notices and the jurisdictional reach of courts in which termination cases are filed.
Counsel Concerns
September 02, 2013
Atlanta Attorney Sued over Funding of Phony Lil Wayne Concerts
A Moral Dilemma?
September 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. Consequently, it can be difficult for authors and creators to identify and assert their rights in their published works in every circumstance where they might have been licensed or are being used. But for licensors to overlook these rights brings peril.