Cameo Clips
COPYRIGHT INFRINGEMENT/LACK OF ACCESS; COPYRIGHT INFRINGEMENT/SUBSTANTIAL SIMILARITY; COPYRIGHT REGISTRATION/DEPOSIT COPY; RECORD-DISTRIBUTION DEALS/DERIVATIVE-SONGS RIGHTS; RECORD-LABEL VALUATION/EXPERT WITNESSES; RIGHT OF PUBLICITY/FIRST AMENDMENT
Safe-Harbor Considerations For Web Videos
From YouTube's perspective, taking burdensome steps to prevent the posting of potentially infringing content could destroy the business model and consumer goodwill upon which it relies. [Although YouTube recently announced it was tesing a new copyright filtering process.] This information sharing/rights protection dilemma is not solely limited to YouTube ' many Web sites and other service providers face decisions every day concerning the propriety of user-generated content. The U.S. Copyright Act may provide a critical solution to that dilemma.
Retroactive Move Doesn't Block Copyright Suit
Copyright-infringement claims can go forward against Mary J. Blige, the 'Queen of Hip-Hop Soul,' the Second U.S. Circuit Court of Appeals ruled, reversing a lower court determination. <i>Davis v. Blige</i>.
Navigating the Potential Traps in Licensing Content for Online Uses
Copyright owners who are considering licensing their content for online exploitations must understand that they are venturing into still largely uncharted waters with few reliable partners. It's better than it was in 2000 ' or even 2003 ' but it's still not an entirely stable environment with dangerous shoals along the route. Don't assume that words you have seen in contracts for decades have the same meaning to your online licensee as they would to a court.
Harnessing Creativity or Creating Liability?
The growth of online social networking has not been lost on marketers, who hope to enlist Internet users in campaigns to promote their products and services. This article will appear in three installments. This first part examines the use of user-generated content ('UGC') and user participation as part of a promotion.
Internet Gambling Law Challenged
A federal law that targets online gambling by making it illegal to make or receive payoffs violates the First Amendment, a federal suit charges. A not-for-profit association of Internet gamers and gaming companies is asking a federal judge in Trenton, NJ to block enforcement of the Unlawful Internet Gambling Enforcement Act ('UIGEA') and to issue a temporary restraining order.
Bit Parts
Film-Script Submissions/Implied-in-Fact Contracts<br>Record-Label Trademarks/Laches<br>Uruguay Round Agreements Act/First Amendment
Counsel Concerns
The U.S. District Court for the Southern District of New York granted partial sanctions against plaintiffs' counsel in a copyright-infringement suit.
Cameo Clips
The U.S. District Court for the Northern District of Mississippi decided that a woman seen for three seconds at a religious meeting in the movie 'Borat' could proceed with her claim of misappropriation of likeness for commercial gain. <br>The U.S. District Court for the Northern District of Texas found that middle episodes of 'The Andy Griffith Show' from the 1960s not properly renewed for copyright nevertheless were derivative works of earlier episodes and thus subject to copyright protection from unauthorized distribution.
Block to Perpetual Attorney Fees
Entertainment law firms in California commonly charge the talent they represent on a percentage basis, rather than an hourly one. The typical arrangement requires the client to pay 5% of gross income derived from contracts entered into during the course of the representation. Earlier this year, a Superior Court judge in Los Angeles addressed the enforceability of this fee structure in the context of an acrimonious dispute between two entertainment firms. The principal issue in the case, and the focus of this article, is whether clients who had departed for the new firm had a continuing obligation to pay that 5% fee to the old firm as a matter of contract law.
