Clause & Effect
January 31, 2007
Net-Profit Rights/Movies Based on TV Shows<br>Insurance/Contract-Breach Exclusion<br>Insurance/Copyright-Infringement Coverage
Reality Shows Raise Special Concerns For Lawyers
January 31, 2007
TV reality shows, such as 'Miami Ink' and 'The Real World,' can present a unique problem for attorneys representing the casts. Unlike traditional entertainment clients, the cameras invade personal lives. When the cameras follow reality stars onto their real-life jobs, it can interfere with their ability to make a living. And because actors' union rules don't apply to reality-show participants, their attorneys must negotiate a balance of on- and off-camera time for their clients.
<b>Decision of Note: </b>Webcasts Receive TV Copyright Treatment
January 31, 2007
The U.S. District Court for the Northern District of Texas, Dallas Division, decided that an unauthorized link to live Webcasts of the plaintiff's SFX Motor Sports Supercross motorcycle races constituted a displayed copy or performance of those copyrightable works.
Music Publisher Concerns over Viral-Video Sites
January 31, 2007
The Internet has presented numerous challenges to the music industry. Unlicensed digital downloading has been at the top of the list for several years. More recently, the use of music on viral-video Web sites has produced a new set of challenges. Three of the four major record labels have struck content deals with mega-viral-video site YouTube, as have two of the three major TV networks. But music publishers haven't been involved in significant direct viral-video-site negotiations. In the following interview, conducted by Entertainment Law & Finance Editor-in-Chief Stan Soocher, Keith C. Hauprich, Vice President, Business & Legal Affairs for Cherry Lane Music Publishing Company, Inc., discusses music-publishing concerns in the viral-video age. As General Counsel for one of the world's largest independent music publishers, Hauprich's responsibilities include coordinating relationships with outside counsel, overseeing the due-diligence process and playing an integral role in finding new business opportunities for the company.
More from the Best of MLF 2006
December 28, 2006
In last month's issue, we covered the best of MLF from February to and including June 2006. In this issue, we will take a look back at July through November.
Is Your Web Site COPPA Compliant?
December 28, 2006
In 1998, Congress passed the Children's Online Privacy Protection Act (COPPA), broadly expanding the Federal Trade Commission's (FTC) enforcement powers in the Internet arena. Since then, states and the FTC have become more active in regulating the collection, use and security of consumer's personal information generally. However, the protection of children's personal information remains a top FTC enforcement goal, and the commission has become more aggressive in enforcement of COPPA each year. Companies that fail to proactively act to ensure COPPA compliance do so at the risk of seven-figure penalties. <br>This article provides Web site operators with suggestions on how to comply with the spirit of COPPA when legal obligations are not crystal clear, as in the case when the operator of the Web site in question believes that it can make a good faith effort to be a 'general audience' Web site, but has reason to believe that the site may attract visitors under the age of 13 and is unsure how the FTC will view and treat the site.
Bit Parts
December 28, 2006
Anti-Piracy Statutes/Constitutionality<br>Copyright Infringement/Probative and Substantial Similarity<br>Copyright Infringement/Substantial Similarity<br>Trademarks/Right to Sue<br>Video-Game Laws/Constitutionality
<b>Counsel Concerns:</b> Fund Misappropriation and Suspension from Practice
December 28, 2006
The Court of Appeals of Maryland decided that an 18-month suspension of an attorney from practice for taking fees out of royalty distributions before submitting the royalties to a client should run consecutively with a suspension of the attorney for the same reason by the D.C. Court of Appeals. <i>Attorney Grievance Commission of Maryland v. Midlen</i>.
<b>False Endorsement; Right of Publicity</b>
December 28, 2006
The U.S. District Court for the District of New Jersey preliminarily enjoined further distribution and ordered the recall of the book 'Legit Baller,' which features an allegedly unauthorized, prominent use of photographs of popular R&B singer/producer Marc Dorsey on its covers. But the court declined to order a recall of the defendant publisher's other books that included advertisements of 'Legit Baller.' <i>Dorsey v. Black Pearl Books Inc</i>.
Courthouse Steps
December 28, 2006
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
