Random House Suit Brings Renewed Push For 'E-Book' Rights in Older Contracts
March 30, 2012
The e-book format continues to be a growing force in book publishing. Worldwide sales are predicted to reach nearly $10 billion by 2016 ' compared to $3.2 billion in 2011. Current publishing agreements offered by book publishers unambiguously transfer electronic rights as well as print rights. But whether licenses granted by authors in older book publishing agreements can be construed to embrace this new technology is a major question for the industry. The answer will determine whether traditional publishers, or authors and the digital startups that some of them now choose to license to, will control e-book publishing of lucrative classic titles. This
Fair Use Analysis Before Takedown Notice Is Asked for By Another Federal District
March 30, 2012
In 2009, the U.S. District Court for the Northern District of California startled copyright owners in ruling that, to comply with the "good faith" requirement the DMCA, content proprietors must conduct a fair-use copyright analysis of unlicensed online uses of their works prior to sending a takedown notice. Now a federal magistrate for the U.S. District Court for the District Montana has adopted the <i>Lenz</i> fair use rule.
The Kodak Bankruptcy
March 27, 2012
On Jan. 18, 2012, Eastman Kodak Company and 15 of its affiliates filed voluntary Chapter 11 petitions in the Bankruptcy Court for the Southern District of New York. The sale of intellectual property figures prominently into Kodak's plans for reorganization.
Split and Shared Custody Arrangements
February 29, 2012
There are instances in which parents agree to substantially share the children's time between both their households, resulting in the children spending up to 50% of the time with the "noncustodial" parent. The Child Support Standards Act (CSSA) does not address this kind of sharing arrangement, which can lead to inequities.
The Business of Branding: Find Your Nugget
February 28, 2012
Unless your firm is providing client service, in a way that's never been done before you will have to dig much deeper ' past the claims of superior client service, expertise, range of practices, cost-effectiveness, etc. ' to find that nugget upon which you can build your brand.
Counsel Concerns
February 28, 2012
MALPRACTICE CLAIMS/CONFLICTS OF INTEREST<br>RETAINER AGREEMENTS/NOTICE-AND-CURE CLAUSES
Bit Parts
February 28, 2012
Independent Creation Testimony Defeats Rap Riff Copyright Claim<br>Right to Percentage 'Equal to' Label's Net Receipts Doesn't Support Conversion Claim in Creedence Clearwater Digital Royalties Suit<br>'Substantial Value' Allegation in Implied Contract Case Not Enough to Meet $75,000 Amount in Controversy for Federal Subject Matter Jurisdiction
