Judge Changes Mind, Rules for Coca-Cola in Suit by Songwriter
March 29, 2011
Miami Beach songwriter Rafael "Rafa" Vergara Hermosilla bested Coca-Cola in 2010 when a federal judge issued an injunction in Vergara's fight for credit for the international mega hit of "Wavin' Flag" in Spanish. But litigation is a marathon, not a sprint, and Coca-Cola recently won the more important Round 2. Federal District Judge K. Michael Moore, of the Southern District of Florida, has granted Coca-Cola's renewed motion for summary judgment, dismissing Vergara's claim of copyright infringement by noting that when Vergara wrote the Spanish translation version of "Wavin' Flag," he assigned the rights of his work to Universal Music Group.
<i><b>When the Show Can't Go On</i></b> Seeking Insurance Recovery for Concert Cancellations
March 29, 2011
Concert tours can generate significant income for an artist. Yet every concert tour carries a risk that some event outside of the artist's control ' health issues, physical injuries, adverse weather or safety concerns, to name a few ' could force the cancellation of a single show or even an entire tour, thereby resulting in lost revenue to the artist and unrecoverable costs. To protect against this risk, many performance artists elect to obtain event cancellation and/or non-appearance insurance (which may be covered under the same or separate policies) prior to going on tour. This insurance coverage often covers financial losses, including lost guaranteed income, that result from cancellation of the event.
Bit Parts
March 29, 2011
Allman Brothers Band, Youngbloods Settle Class Action Digital-Download Royalty Suits with Record Labels<br>Artists Owe Post-Term Commissions to Management Company<br>First Amendment Protects Use of Arrest Footage on Reality Show<br>TV Stations' Challenge to SESAC Blanket Music License Can Proceed
Cameo Clips
March 29, 2011
FILM DISPUTE DAMAGES/SUBPOENA QUASHED<br>FILM FINANCING DEALS/ARBITRATION CLAUSE<br>TV SHOW PRODUCTION/DEFAMATION CLAIMS
Cloud Computing Presents Challenges in e-Discovery
March 29, 2011
Cloud computing is being hailed as a next great hope for the entertainment industry, with consumers accessing content stored on third-party sites, rather than directly from the consumers' hard drives. But cloud computing is already used by many businesses, including those in the entertainment industry, to store their business records. This article examines issues in obtaining information from the cloud through litigation discovery.
On the Move
March 22, 2011
Who's doing what; who's going where.
First Sale Doctrine Gets Multiple Views in Ninth Circuit
February 28, 2011
Recently, there has been a spate of Ninth Circuit rulings on the first sale doctrine ' all of which have implications for the entertainment industry ' from application of '109(a) to computer software buyers, to imported goods, and to promotional CDs that record companies send to disc jockeys and music critics.
