Establishing Injury Presents Challenge In Lawsuits over Right of Publicity
November 02, 2006
The right of publicity ' the right of individuals to protect the commercial uses of their names and images ' is now a familiar concept. Given CKX Inc.'s purchase for a reported $50 million of rights to Muhammad Ali's name and the company's $100 million acquisition of Elvis Presley's publicity rights, there can be no question that the right not only can have great value, but has achieved a certain settled status. And yet, the metes and bounds of the right remain elusive at best.
How to Stand Out from the Crowd
October 31, 2006
The language is clear: 'An advertisement or solicitation shall not depict the use of a courtroom or courthouse.' While using a courthouse in an ad for your law firm may be a clich' ' and fail to set you apart from the competition ' it hardly seems intuitive that doing so would violate advertising guidelines. That will be the case in New York, if a proposed rule goes into effect this month. Across the country, advertising rules continue to evolve, so pinpointing how to best spend your marketing dollars can be challenging.
Net News
October 30, 2006
Music Industry Files 8000 New Infringement Lawsuits <br>
Internet Gambling Banned
October 30, 2006
The House and Senate worked late into the night on Friday, Sept. 29, 2006 to finalize 'H.R. 4954: Security and Accountability For Every Port Act' or the SAFE Port Act and get it to the House floor. By early in the morning on Saturday, Sept. 30, 2006, just before adjourning for the election break, the House had passed the bill by a count of 409-2, and the Senate had agreed to the conference report by unanimous consent. Senate Majority Leader, and Presidential hopeful Bill Frist (R-TN) was the point-person for certain groups lobbying to ban Internet gambling with the addition of Title VIII to the legislation.
Bit Parts
October 30, 2006
Accounting-Malpractice Claim/Arbitration<br>Contributory and Vicarious Copyright Infringement/Interlocutory Appeal<br>Copyright Infringement/Substantial Similarity<br>Copyright-Infringement Filing/Bankruptcy Purchase
Cameo Clips
October 30, 2006
Peer File-Sharing/Developer Liability<br>Right of Publicity/Transformative Use<br>
Practice Notes
October 30, 2006
Major L.A. Firms Face Fallout From Reshuffling<br>Cooley-Alschuler Merger Talks Ended<br>Loeb's Base Expands To Media, Internet
Courthouse Steps
October 30, 2006
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
<b>Decision of Note: </b>Kid Rock Advisers Win Suit Dismissal
October 30, 2006
The U.S. District Court for the Eastern District of Michigan dismissed claims against Kid Rock's attorney William Horton and manager Edward Andrews by parties who lost two previous suits over contracts Kid Rock had signed early in his career. <i>EB-Bran Productions v. Ritchie</i>.
Obtaining Rights to Artists and Content For Use in Music-Driven TV Productions
October 30, 2006
The producers of music-driven television programs, such as variety specials and music-based TV series, typically must negotiate with several key parties to obtain the rights to use the music and the services of the artists in the show. These parties include: music publishers that own, control and/or administrate the music compositions performed 'live and in concert' and/or on sound-recording masters included in the program; the record labels that own, control and/or administrate the masters; and the labels that are entitled to the exclusive recording services of the artists performing the music in the TV show. The program producer, who will likely have created the concept and format for the TV production, usually undertakes all of the production's associated risks and is responsible for the program's financing.<br>In the following interview coordinated by Entertainment Law & Finance Editor-in-Chief, Stan Soocher, Santa Monica, CA-based entertainment-attorney Henry Root discusses key aspects of the clearance process involved in music-driven TV productions, as well as producer/label negotiations and how they may affect the artist. Root has over 25 years of experience in the music and TV industries.
