Filing Time for Copyright Suits Bars Profit Claim
December 21, 2007
The U.S. Court of Appeals for the First Circuit decided that the three-year federal statute of limitations for copyright suits, rather than a longer state limitations period for accounting actions, applied to a complaint for a portion of profits from figurines, including 'The Merry Wanderer,' derived from the book 'Das Hummel-Buch.'
Band Name Dispute Over Recording and Concert Uses
December 21, 2007
The Miami girl group Expos' ruled the charts in the 1980s, turning out a multiplatinum album and numerous hits, including the No. 1 single, 'Seasons Change.' But some things never change. Turmoil with management roiled the group during its hey-day, and rancor has returned now that the trio is on a popular reunion tour, riding high on 1980s dance nostalgia. The singers have been sued to stop using the name Expos' after breaking with promoters in August, just months before the music group's trademark licensing agreement was set to expire.
Lack of Logo Placement At Center of Ruling Over Meat Loaf Album Packaging
December 21, 2007
To build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.
New Year, New Clients
December 21, 2007
It's a brand new year ' and, with a little luck and some persistence, maybe you made the most of the holiday season's networking opportunities and now you're poised to follow up with a flood of new contacts. But if you felt like your holiday season was hectic and didn't yield much client-development success, not to worry. Consider making it your New Year's resolution to make the most of events you attend in 2008.
e-Battling Demons and Other Woes
December 21, 2007
When the same entertainment network that gave us Family Guy and American Idol (and soon, The Wall Street Journal) does a multi-million dollar buyout of a self-proclaimed 'spiritual Web site,' www.beliefnet.com, no one can deny that the selling of religion online has become big business. Although the Bible and the Pope may have both condemned mixing commerce and worship, today the temple appears to have firmly established itself in digital form in the e-commerce marketplace, rather than the marketplace having been set up ' and pitched out of ' the temple.
The New Federal Lobbying Regulations
December 21, 2007
Congress just passed the Honest Leadership and Open Government Act of 2007. Congress's stated hope in passing this sweeping legislation is that it will increase public confidence in the honesty of the political process. This article explains what the Act means.
Bit Parts
December 21, 2007
Copyright/Joint-Authorship Test<br>DMCA Safe-Harbor Bid/Declaratory Suit<br>File-Sharing Suit/Anti-Trust Counterclaims
Attorney Fees Ruling
December 21, 2007
The U.S. District Court for the Southern District of New York awarded attorney fees and costs under Sec. 505 of the Copyright Act to movie-studio and film-distribution defendants against a pro se plaintiff.
Counsel Concerns
December 21, 2007
Attorney as Trustee<br>Attorney Disqualification
The Place to Network: O Come All Ye Rainmakers
November 27, 2007
For most attorneys, December is dominated by celebratory events ' and each one can be an opportunity to make new contacts and further existing ones. People are generally relaxed and in good spirits at holiday parties; therefore they are often receptive to making new acquaintances. By taking a strategic approach to your holiday party planning, you stand to benefit from them greatly.