<b>Media & Communication Corner: </b>Inside <i>Crain's Chicago Business</i>
May 31, 2006
This month, Jaffe's insiders look into Crain's Chicago Business. This business magazine, with a circulation of over 50,000 readers and over 125,000 registered users, has served as a source of local business news and information to Chicago's most influential business and legal executives for more than a quarter century. Crain's Chicago has sister publications in Cleveland, Detroit, New York and Mexico. Each of the Crain's business publications operates distinctly in the sphere of its home city, yet they share a similar look and interest.
Clause & Effect <b>Time-Buy Telecast Deals/Renewal Options
May 31, 2006
The U.S. District Court for the Southern District of New York found that a television-production company breached its obligation to in good faith negotiate a renewal option for a time-buy agreement for the airing of additional power-boat racing programs on the plaintiff's network. <i>Network Enterprises Inc. v. APBA Offshore Productions Inc.</i>
Right of Publicity
May 31, 2006
The U.S. District Court for the Western District of Tennessee, Western Division, decided that right of publicity and misappropriation claims by an individual hired to be a fictional character were preempted by federal copyright law. <i>Stanford v. Caesars Entertainment Inc.</i>
<b><i>Commentary: </b></i>Inequity Is Seen In Film-Rights Reversion Process
May 31, 2006
I have a lot of trouble accepting something that makes no sense simply because an attorney trying to make a point in a deal says: 'It's always done that way,' or 'Everyone does it like this.' Attorneys preparing a film contract often use this 'irrational' rationale. I am referring to the reversion clause in a contract to acquire rights in a basic work, such as a novel for a film.
<b>Decision of Note: </b>Second Circuit Affirms Posters As Fair Use
May 31, 2006
The U.S. Court of Appeals for the Second Circuit affirmed that the inclusion, without a license, of thumbnail-size reproductions of concert posters of the Grateful Dead in a book on the band's history constituted copyright fair use. <i>Bill Graham Archives (BGA) v. Dorling Kindersley Ltd. (DK)</i>.
What Do You Want To Read?
May 31, 2006
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Artists Seek Greater Share From Label Of Revenues From Digital Downloads
May 31, 2006
Two highly successful rock groups from the 1970s and '80s recently commenced a lawsuit in the U.S. District Court for the Southern District of New York against their former record company, claiming a larger share of revenue derived from paid digital downloads of their recordings. <br>The essence of the plaintiffs' claim is that Sony is calculating the artists' shares of revenue from digital download sales through services such as iTunes, in the same manner that the label calculates royalties for physical sales of CDs through traditional retail outlets. The plaintiffs claim that these are not physical sales, but are instead sales of digital copies of recordings that have been licensed to music download providers by Sony, and the royalty rate payable for licensing income, which is much higher than for physical sales, should apply.
Quarterly State Compliance Review
May 30, 2006
This edition of the Quarterly State Compliance Review looks at some amendments to state business entity laws that went into effect, and court decisions dealing with business entities that were issued, during the last three months. Included are several amendments to New York's business entity laws, including changes to its publication requirement. Also included are Delaware Chancery Court decisions dealing with indemnification and hedge funds.
Greenberg Partners Advise on Company's China Deal
May 16, 2006
HowStuffWorks Inc., a unit of Atlanta-based Convex Group Inc., and INTAC International Inc. agreed to form a new company to develop commercial Web sites targeted to Chinese users. The new company, which will be called HSW International, will pair the content rights owned by HowStuffWorks with the sales channels in China developed by INTAC. HSW will generate revenue through advertising sales.
