No Breach Seen in Suing Licensee over Downloads
September 01, 2006
The U.S. District Court for the Southern District of New York decided that Bridgeport Music didn't breach a mechanical-licensing agreement by filing a copyright-infringement suit against its licensee for granting digital-download licenses to third parties.
Film Industry Faces Complex Issues in Move to Gain Digital Revenues
September 01, 2006
Like other sectors of the entertainment industry, the film industry is looking to the digital age for new revenue streams. Even with digital-piracy concerns, film studios are positioning themselves to capitalize on Internet sales of their products. This summer, for example, motion pictures from several major studios and key independent providers became available on CinemaNow for downloading and copying by consumers for DVD-machine play. In the following interview ' conducted by Entertainment Law & Finance Editor-in-Chief, Stan Soocher ' George A. Cooke, a law partner in the New York office of Manatt, Phelps & Phillips, discusses distribution of motion pictures in the digital age.
Copyright Grantees Served Sour Grapes in Steinbeck Dispute
August 31, 2006
In 1976 and again in 1998, Congress extended subsisting copyrights, by 19 and 20 years respectively. <i>See</i> Pub. L. 94-553, 90 Stat. 2541 (1976) (extending renewal term for pre-1978 works to 47 years, for 75 years total protection); Pub. L. 105-298, 112 Stat. 2827 (1998) (extending renewal term for pre-1978 works an additional 20 years, for 95 years total protection). Seeking to allow authors and their kin to share in the benefits of the newly extended terms, Congress afforded them a mechanism known as statutory termination. <i>See</i> 17 U.S.C. '304(c) and (d). The mechanism allows abrogation of contracts executed prior to Jan. 1, 1978, otherwise valid under state law, by which an author (or certain other specified persons) had transferred away copyright interests. To bolster and protect this termination right, Congress mandated that it may be effected 'notwithstanding any agreement to the contrary.' 17 U.S.C. '304(c)(5); <i>see also</i> 17 U.S.C. '304(d)(1).
Anticipated New Federal Rules on Electronic Discovery
July 31, 2006
The following is a summary of key issues addressed by Paul Reeve and Jonathan Solish in a session about electronic discovery that they led at the 2006 International Franchise Association Legal Symposium in Washington, DC. The summary was prepared by the authors of the presentation.
Increased Piracy Puts More Heat on China
July 31, 2006
The entertainment industry hoped the counterfeiting of movies, music, software and books would plummet after China agreed in 2002 to abide by the World Trade Organization's (WTO) standards for global intellectual property rights. Instead, the industry says piracy has increased dramatically, leading some American companies to view the Chinese government as unable ' or unwilling ' to curb it. And industry lobbyists are now helping the U.S. government prepare a case that could be brought…
Compliance Programs for Private Companies
July 31, 2006
We all know that a proactive Securities Exchange Commission (SEC), combined with implementation of the Sarbanes-Oxley Act of 2002 (SOX), and activation of the Public Company Auditor Oversight Board (PCAOB), has triggered intense scrutiny on corporate ethics and accountability. One by-product of this is that the public company has come to serve as a mentor of sorts to the private company in the arena of corporate compliance programs, offering certain 'best practices' that may also be useful to the privately held company, its management, and its shareholders or owners.
Net News
July 31, 2006
Kazaa to Pay $100 Million In Settlement<br>Congress Passes Bill Limiting Online Wagering <br>Web Wagering Faces Clampdown with Major Arrest<br>Music Industry Prepares Lawsuit against Yahoo China
Is Internet Gambling Running Out of Luck?
July 31, 2006
Internet gambling is illegal when the activity occurs in a state that outlaws gambling. Today, federal prosecutors rely upon various statutes enacted before the widespread use of the Internet.
New Kinds of e-Commerce
July 31, 2006
As more people live in the virtual world ' sometimes also called the digital or synthetic world ' in one of the many so-called massively multiplayer online role-playing games (MMPORGs) available online, the potential for monetary abuse and malfeasance grows.
