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We found 2,574 results for "Entertainment Law & Finance"...

Tax Court Divides Endorsement Income into Personal Service Or Royalty Earnings
The U.S. Tax Court decided that fees received by international pro-golfer Retief Goosen for so-called "on-course" endorsement deals constituted both personal service and royalty income.
New Business Structures for Keeping Cast Albums Alive
This article discusses how, in the wake of changing economic and industry conditions, new business structures have evolved to bolster the production and exploitation of cast albums while shifting the risk and reward from large labels to the authors, investors and producers of the shows themselves.
Music Published on Internet Ruled 'U.S. Work'
A Finnish record company's claim that pop music producer Timbaland and pop star Nelly Furtado plagiarized its music was recently thrown out of court by a Miami federal magistrate.
IP News
Highlights of the latest intellectual property news from around the country.
Bit Parts
Members in Expos' When Music Act Gained Success Own Common Law Rights to Name<br>Right of Publicity and Trademark Rulings on "Dillinger Tommy Guns" in Videogames
Music Published On Internet Ruled 'U.S. Work'
A Finnish record company's claim that pop music producer Timbaland and pop star Nelly Furtado plagiarized its music was thrown out of court by a Miami, FL, federal magistrate in the Southern District of Florida.
Trademark Letter Rulings from Customs Service Are Expeditious, But Under-Used Tool
The following article takes a general intellectual-property approach to trademark infringement from the perspectives of both trademark holders and product importers, while providing much useful, technical information for entertainment industry professionals.
TN Court of Appeals Considers Business Management Issues
The Tennessee Court of Appeals, at Nashville, reversed and remanded a trial court ruling against Clint Black in the country artist's suit against his former business manager. This case is notable not only for statute-of-limitations issues, but also involves business-management partnership liability, as well as the line between accounting and business management services.
First Circuit Finds Infringement in TV Sitcom
The U.S. Court of Appeals for the First Circuit decided that actor Emmanuel "Sunshine" Logro'o and a TV production in which he was a principal infringed on the copyright for the plaintiff production company's TV situation comedy.
Parsing the Copyright Preemption Issue in Claims for Breach of Implied-in-Fact Contracts
The U.S. Court of Appeals for the Ninth Circuit recently reconfirmed the long-established principle that, under California law, an implied-in-fact contract claim over an alleged promise to pay for use of an idea or concept isn't preempted by federal copyright law.

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  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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