Bit Parts
August 20, 2010
Being a Principal in Production and Distribution Agreement Makes Artist Subject to Personal Jurisdiction<br>Complaint over Broadcast Agreement Found Flawed<br>Filming Dance Competition Is of "Public Interest"
Cameo Clips
August 20, 2010
COPYRIGHT INFRINGMENT/NON-TRADITIONAL TEST<br>TRADEMARK INFRINGEMENT/BAND NAMES, ALBUM TITLES
Unauthorized Uses of Music in Campaign Ads
August 20, 2010
Lawrence Y. Iser, a partner in Los Angeles's Kinsella, Weitzman, Iser, Kump & Aldisert LLP, served as attorney for Jackson Browne in the McCain litigation and is counsel to musician David Byrne in a pending action against Florida Governor Charlie Crist that was filed after Crist used the Talking Heads' song and recording "Road to Nowhere" in Crist's campaign ad for the U.S. Senate. In the Q&A that follows, Iser responds to questions from <i>Entertainment Law & Finance</i> Editor-in-Chief Stan Soocher about litigation and related issues regarding music in political ads.
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
