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.
Bit Parts
September 29, 2009
Anti-SLAPP Motion over Paris Hilton Suit Is Denied<br>DVD Kiosks Company's Anti-Trust Claim Against Universal Moves Forward<br>Song Suit over Movies Dismissed For Lack of Personal Jurisdiction
Cameo Clips
September 29, 2009
CLAIMS OVER PHOTOS, PERFORMANCE IN DVD<br>COPYRIGHT INFRINGEMENT/SAMPLED RECORDING
Third Circuit Upholds Online Gambling Ban
September 29, 2009
Internet gambling proponents suffered a major setback when a federal appeals court refused to strike down a 2006 law in which Congress banned all Internet gambling transactions that would be illegal in the gambler's state.
Copyright Claims Dismissed over Seinfeld Cookbook
September 29, 2009
Missy Chase Lapine, author of <i>The Sneaky Chef: Simple Strategies for Hiding Healthy Foods in Kids' Favorite Meals</i>, has come up empty in her claims against Jerry Seinfeld and his wife, Jessica. Lapine had sued Jessica, author of the book <i>Deceptively Delicious: Simple Secrets to Get Your Kids Eating Good Food</i>, for copyright and trademark infringement. But Manhattan federal district court Judge Laura Swain threw those claims out, finding that there were sufficient differences between the two books.
