Marilyn Monroe's Right of Publicity Not Descendible
September 27, 2012
The U.S. Court of Appeals for the Ninth Circuit ruled that the heirs to Marilyn Monroe's estate did not inherit the rights to her publicity because she was a resident of New York, where such rights are not recognized posthumously.
A Review of Legal Obligations Reps Owe Artists
September 27, 2012
In a dispute between the artist and a representative, the central issue typically revolves around the extent and nature of the legal duty owed to the artist by the particular representative, and whether that duty has been breached. In complicating instances, representatives may perform multiple functions and wear more than one hat.
Eighth Circuit Ends Thomas-Rasset File-Sharing Fight
September 27, 2012
The U.S. Court of Appeals for the Eighth Circuit has reinstated statutory damages of more than $220,000 against a woman who illegally file-shared two dozen songs, finding the damages to be constitutional.
The IP Exclusion: The Elephant in the Room
August 30, 2012
So-called Intellectual Property exclusions in commercial general liability ("GL") insurance policies have received relatively little attention from the courts. However, the ubiquity of new advertising technologies, recent appellate decisions confirming GL "personal and advertising injury" coverage for patent claims, and new claims that policyholders are facing for alleged electronic invasions of privacy may well turn the IP exclusion into the proverbial "elephant in the room.
Porn Ruling Could Spell Trouble for ICANN
August 30, 2012
A case pitting adult entertainment companies against the gatekeepers of Internet domain names cleared a key hurdle when a federal judge in Los Angeles largely allowed antitrust claims over the controversial .xxx domain to go forward.
Upcoming Event
August 30, 2012
Texas Bar 22d Annual Entertainment Law Institute<br>Austin, TX, October 25-26
Bit Parts
August 30, 2012
Film Budgets Subject to Public Disclosure<br>"Stronger" Similarities Not Strong Enough to be Infringing<br>Sublicense for U.S. Song Remains Valid in Russia<br>Talent Agent Experience Helps Establish Foundation as Expert on Personal Management Post-Term Commissions
Long Road in China to Protect Cartoon Trademark
August 30, 2012
Despite its high rate of piracy, the strengthening of intellectual property laws in China has given some hope to owners of trademarks from other countries. The instructive article that follows documents the many twists and turns involved in in seeking to protect the trademark for a Japanese cartoon in China.
