Royalty Reduction for English-Titled Songs Is Ruled Contract Breach
August 20, 2010
The U.S. District Court for the Southern District of New York decided that, in paying reduced royalties for English-titled instrumental versions of songs, Universal breached subpublishing agreements that Brazilian songwriters Antonio Jobim and Vinicius de Moraes entered into with Universal's predecessors-in-interest.
Clearing Content for Live Venues' Web Sites
August 20, 2010
This article discusses issues that arise in the context of organization-commissioned materials by employees and third parties, the use of third-party materials, and privacy and publicity rights of performers and audience members.
Promoter Wins Attorney Fees for Challenging Truth-In-Music Law
August 20, 2010
New Jersey will have to pay the legal fees for a music promoter that sued the state to stop it from enforcing its "truth-in-music" law. The U.S. Court of Appeals for the Third Circuit held in <i>Singer Management Consultants Inc. v. Milgram</i> that the promoter, which accused the state of violating its constitutional and trademark rights, was a prevailing party for fee-shifting purposes.
Obtaining Assent in Today's e-Conomy
July 29, 2010
This article presents an overview of best practices for ensuring the application of your client's desired terms and conditions in the context of online browsing and sales, as well as software downloads and installations. Last month's Part One covered clickwrap agreements. Part Two covers browsewrap agreements.
The DMCA Safe Harbor Provision Is Stronger Than Ever
July 29, 2010
Even as the economy continues to slowly recover from this recession, online sales are still booming, accounting for more than $200 billion over the past year. As the marketplace shifts from the sales counter to the desktop, counterfeiting and software piracy have also shifted to the virtual world. For copyright and trademark owners, this creates a constant stream of newly evolved infringing activities to monitor.
Bit Parts
July 29, 2010
Florida Federal Court Dismisses Book Author's Publicity and Privacy Claims<br>No Access Shown By Plaintiff in Copyright Infringement Action over TV Shows<br>Plaintiff's Counsel Lacked Authority to Settle Suit over TV Series
Cameo Clips
July 29, 2010
RECORD DISTRIBUTION/EXTRATERRITORIAL IMPACT<br>SONG DISTRIBUTION/PERSONAL JURISDICTION
O'Melveny Firm Sues Bratz Doll Maker for Unpaid Fees
July 29, 2010
O'Melveny & Myers has filed suit against MGA Entertainment seeking payment of $10.2 million in unpaid legal fees related to the company's long-running legal dispute with Mattel over ownership of the popular Bratz line of fashion dolls.
Judge Dismisses Most Claims over 'Final' Jackson Tour
July 29, 2010
A federal judge in Manhattan said "Beat It" to most counts in a $300 million suit filed against Michael Jackson's estate, Jackson's ex-manager, Frank Dileo, and Anschutz Entertainment Group (AEG) over promotional rights to the comeback tour the King of Pop was planning prior to his death last summer.
Social Gaming Is Battleground over 'Fast Following'
July 29, 2010
Litigation in the social gaming sector features young companies vying for position in a lucrative and fast-growing market where copycat games and employee poaching are commonplace. Social gaming is expected to contribute more than $800 million this year to the $1.6 billion virtual goods market. Legal questions continue to surround the sector's ubiquitous practice of "fast following" ' quickly copying competitors' successful gaming concepts.
