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Advertising 2010
December 18, 2009
In these times, it's important to remember that advertising is still a vital tool that firms may use to position and express their brand and message. What better time than now to look ahead to what firms should be considering to use to better position themselves for the coming year and the ultimate rebound?
Corporate Mergers and the Transferability of Software Licenses
November 30, 2009
Anti-assignment clauses are typically inserted into license agreements to preclude the introduction of an unwanted third party into the parties' relationship, giving the licensor more control over its valuable property and with whom it ultimately does business. In the context of software licenses, ordinarily a court will apply state law to contractual disputes, but federal law pre-empts state law concerning questions of copyright law or policy, which include the assignability of non-exclusive agreements.
Movers & Shakers
November 30, 2009
Who's doing what; who's going where.
Bit Parts
November 25, 2009
Copyright Infringement Claim Doesn't Extend to Foreign Release of Song<br>Record Label Denied Request to Block Use of Band Name in Live Performances<br>U.S. Court Lacks Jurisdiction to Decide Copyright Claim over European Distribution of Sheet Music
Cameo Clips
November 25, 2009
COPYRIGHT TRANSFER/RETAINED RIGHT TO SUE<br>PERSONA USE DISPUTE/MOTION TO INTERVENE<br>SONG INFRINGEMENT/FAIR USE DEFENSE
Counsel Update in Destiny's Child Song Litigation
November 25, 2009
Singer-actress-celebrity Beyonc' and her father-manager Mathew Knowles have parted ways ' at least in their choice of lawyers ' in defending a copyright case set for trial in Chicago.
Interpreting FTC's New Endorsement Guidelines
November 25, 2009
For the first time since the 1980s, the FTC recently overhauled its guidelines and liability parameters for product endorsements and testimonials. These updated guidelines, which took effect Dec. 1, also cover the use of consumer endorsements and reviews. Entertainment companies that promote products ' and celebrities who blog and tweet ' through new media should consider how these guidelines may affect their marketing practices.
Administration Deal No Bar to Songs Grant from Artist
November 25, 2009
The U.S. District Court for the Middle District of Tennessee ruled that a music publisher's exclusive administration rights to songs by recording artist Lori McKenna didn't prevent Warner Bros. Records from getting the rights directly from McKenna for compositions on McKenna's Bittertown album.
Sixth Circuit Ruling on 'Atomic Dog' Samples Protects Small Segments of Musical Compositions
November 25, 2009
The Sixth Circuit for the first time explicitly embraces the "fragmented literal similarity" test for determining whether there is substantial similarity between two works.
Use on Foreign Web Site Is Not U.S. 'Publication'
November 25, 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.

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  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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  • Role and Responsibilities of Practice Group Leaders
    Ideally, the objective of defining the role and responsibilities of Practice Group Leaders should be to establish just enough structure and accountability within their respective practice group to maximize the economic potential of the firm, while institutionalizing the principles of leadership and teamwork.
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