A Review of Legal Obligations Reps Owe Artists
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.
The IP Exclusion: The Elephant in the Room
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
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
Texas Bar 22d Annual Entertainment Law Institute<br>Austin, TX, October 25-26
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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
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.
A Primer on Insurance Coverage for Live Events
Even if a concert venue carries liability insurance to cover the scheduled performance, it is important for the musical group to carry its own liability and property insurance. And because cancellations, postponements, and the inability of the performer to take the stage also often occur due to unforeseen circumstances, those with a financial stake in the live event could also benefit greatly through the purchase of event cancellation and/or non-appearance insurance.
No Fair Use in Mag's Publication of Marriage Photos of Singer
To Ninth Circuit Judge M. Margaret McKeown, the appeal in copyright case <i>Monge v. Maya Magazines</i> read "like a telenovela, a Spanish soap opera." McKeown wrote that the Spanish-language gossip magazine <i>TVNotas</i> violated the copyright of Noelia Lorenzo Monge, a Puerto Rican pop singer known mostly by her first name, and her husband, Jorge Reynoso, a music producer, by publishing private wedding photographs that apparently had been stolen from them.
China Opportunities for U.S. Entertainment Industry Still Saddled with Government and 'Copycat' Hurdles
<i>Entertainment Law & Finance</i> Editor-in-Chief Stan Soocher traveled to China over the summer to teach the course 'American Music Goes to Court' at the International College of Beijing. He reports here, in a two-part series, on the state of entertainment industry issues in China, as U.S. companies try to expand their reach there. Part One covers the current state of copyright law in China and discusses TV and film concerns.
