Current and Impending Virtual World IP Issues
November 25, 2009
With popularity and subscribership rising, games like World of Warcraft, EverQuest, There and Second Life are big business. Growth has brought litigation. Indeed, some law firms have practice groups addressing this medium's issues.
Upcoming Event
October 29, 2009
Nashville Bar Association Annual Entertainment Law in Review
Bit Parts
October 29, 2009
Bank Not Liable for Unauthorized Film Loan Transfer<br>Disney Owns "Pooh" Copyrights and Trademarks
Cameo Clips
October 29, 2009
COPYRIGHT OWNERSHIP/INEFFECTIVE TRANSFER<br>FILM DISTRIBUTION/ADVANCE OBLIGATION
What Is an Athlete's Publicity Right in a Video Game?
October 29, 2009
Today's game designers and consumers demand a sports game experience that is as close to the real world, and real players, as possible. Game manufacturers have largely succeeded in delivering on this demand. But at least a handful of players are not happy with this situation.
Non-L.A. Firms Try L.A. Practices in Entertainment
October 29, 2009
Some non-Hollywood law firms have carved out limited entertainment practices based on their own areas of expertise, such as large corporate mergers or financing. But most avoid the entertainment world altogether.
Use on Foreign Web Site Is Not U.S. 'Publication'
October 29, 2009
In a ruling of first impression, the U.S. District Court for the District of Delaware decided that photographs published on a foreign Web site weren't simultaneously "published" in the United States. The photographer thus wasn't required to register the photographs with the U.S. Copyright Office prior to filing an infringement suit.
Industry 'Custom and Practice' Not Enough to Create Binding Film Distribution Agreement
October 29, 2009
Film financing and film production can be long, slow processes. But deals for distribution rights may be struck up fast and furious, as seen from distribution interest in buzz movies at film festivals. This happened with Precious: Based on the Novel Push by Sapphire, a film about a young African-American mother in Harlem that won both the grand jury prize and audience award in drama at the Sundance Film Festival in January 2009. Hurried negotiations for the film distribution rights to Push has led to multi-suit litigation ' and a recent Manhattan federal district court ruling that may help define when there's a binding distribution deal.
The FTC's New Endorsement Guides
October 28, 2009
The FTC's new guidance makes it clear that companies that are involved in encouraging a message about their products or services in non-traditional media, such that they are essentially sponsoring the messages, even if by consumers or celebrities, will be responsible as the advertiser for the message. Although the FTC acknowledges the limited ability in social and other evolving media to clear and control these types of messages, it places the burden of the risk on both the sponsor and the speaker.
Music Site Ruled Not 'Interactive' Enough
September 29, 2009
A Webcasting service that provides users with individualized Internet radio stations is not required to pay licensing fees to copyright holders of the songs the service plays, the Second U.S. Circuit Court of Appeals has ruled.
