Litigating Matrimonial Cases
April 27, 2006
The litigation system we inherited is not well-suited to resolving marital disputes. Those of us who have litigated divorces for decades have come to understand that litigation is not the preferred route to deciding marital discord. Most family court judges overtly state that the litigants would be better served by an amicable resolution reached after each spouse's needs have been considered rather than a contested trial. In fact, one court of appeals judge in California has noted that 'family law court is where they shoot the survivors.'
Clearing Up Executive Compensation
April 26, 2006
The U.S. Securities and Exchange Commission (SEC) published its proposal to revamp the rules governing the disclosure of executive and director compensation on Jan. 27, 2006. The proposed rules stand to significantly alter the compensation disclosure requirements applicable to registration statements, proxy statements, annual reports and Form 8-Ks, and are intended to ensure that investors receive disclosure that is 'clearer and more complete.' The regulations are the first attempt at a major overhaul of compensation disclosure since 1992 and were proposed in response to the widespread criticism that the current disclosure requirements do not engender a complete and accurate description of executive pay packages. <br>The proposal, to adapt the old saying, combines something old, something new and something borrowed.
Trademark Protection for Characters After Copyright
March 30, 2006
As the copyright terms of many iconic, character-based works of the 20th century near closure, owners of these works face the question as to what extent they can enjoy exclusive rights in the characters they have created. Included is Disney's Mickey Mouse, first introduced in the short animated film 'Steamboat Willie' in 1928. Enterprising third parties raise the related question: Does the expiration of copyright mean these works and characters can be freely exploited? Once a copyright term lapses, an original work is said to pass into the public domain, available for all to freely copy and exploit. However, continued trademark protection for a character may delay or complicate the character's passage into the public domain. A careful analysis of fundamental principles of trademark and copyright law and relevant case law illuminate certain legal guideposts for navigating through the complexities of character protection.
Downloading Copyrighted Songs Is Not 'Fair Use'
March 30, 2006
In an important decision interpreting the fair use provision of the Copyright Act (17 U.S.C. '107), the U.S. Court of Appeals for the Seventh Circuit recently held that downloading full copies of copyrighted material without compensation to authors cannot be deemed 'fair use.' In <i>BMG Music v. Gonzalez</i>, Judge Frank H. Easter-brook, writing for a unanimous three-judge panel, rejected the defendant's argument that she was immune from liability because she was merely sampling songs that she had downloaded from the KaZaA file-sharing network on a 'try-before-you-buy basis.'
The Use Of Trademarks To Trigger Internet Advertising
March 30, 2006
On Feb. 7, 2006, the Tenth Circuit Court of Appeals affirmed a judgment of trademark infringement in favor of manufacturers of tanning lotions against several unauthorized distributors. The defendants had paid for preferential search engine listings when computer users searched for plaintiffs' trademarks and has also placed plaintiffs' trademarks in the metatags of their Web sites (metatags are internal Web site coding often used by search engines to identify the content of Web sites).
Bit Parts
March 29, 2006
Copyright Infringement/Statute of Limitations The U.S. District Court for the District of North Dakota, Southwestern Division, held that a pro se suit against musical artist Michael Jackson and producer Quincy Jones was barred by the 3-year statute of limitations of Sec. 107(b) of the Copyright Act. Gleeson v. Jackson, 1-05-cv-88. Plaintiff George Gleeson claimed copyright infringement of songs and the 'moonwalk' dance that Jackson popularized. But the district court noted: '[I]t is undisputed that the plaintiff,…
'Tonight Show' Doesn't Violate Publicity Right
March 29, 2006
The New York Appellate Division, Fourth Department, granted dismissal of claims against NBC and Jay Leno over use without the plaintiff's permission of her photograph in the humorous headlines segment of 'The Tonight Show.'
Courthouse Steps
March 29, 2006
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Counsel Concerns
March 29, 2006
Legal Services After Bankruptcy Post-Petition Filed<br>Malicious Prosecution
Cameo Clips
March 29, 2006
Recent cases in entertainment law.
