Bit Parts
October 03, 2005
Recent developments in entertainment law. <p>This month: <br>Actors/Moral Clauses<br>Copyright Infringement/Laches<br>Copyright Litigation/Effect of French Suit<br>Marketing-Promotion Consultants/Personal Jurisdiction<br>TV Program Licenses/Termination
Counsel Concerns
October 03, 2005
A Manhattan Supreme Court decided that a law firm that unsuccessfully defended singer Michael Bolton, his music publisher and record company in a copyright infringement suit may proceed with a contribution claim against Bolton's personal law firm arising from a malpractice suit by Bolton against the litigators.
Ringtones Breed Tension Within Music Industry
October 03, 2005
Ringtones funneled $3.5 billion into music-industry coffers last year, and insiders say they may account for 25% of music sales by the end of 2006, thanks to millions of consumers paying $3 for 25-second versions of songs ' when a full-length version of a hit can be purchased for just 99 cents on a digital music store such as Apple Computer's iTunes. <br>Even more mind-boggling is the disarray this suddenly popular technology has caused, as lawyers for music publishers, record labels, performance-rights organizations, re-cording artists, ringtone vendors and others in the music industry struggle to determine how laws that govern the sales of its products apply to ringtones. Recording companies and publishers have always argued about money, and now they have intellectual-property ambiguities and a gigantic new revenue stream to fight over. Publishers, historically the industry's stepchild, may have the upper hand this time.
International Film Production Incentives
October 03, 2005
Given the ever-increasing expense of filmmaking in the United States, and particularly in California, many filmmakers have looked for alternatives to the traditional Hollywood-based production. While this trend originally was for smaller-budget and independent films, more and more producers and large studios have sought alternate locations in which to film. While certain U.S. states like Hawaii, New Mexico and New York provide tax incentives and other ancillary location benefits, these states haven't generally been as successful in luring so called "runaway production" as have countries with incentives that may be available.
Cameo Clips
October 03, 2005
Recent cases in entertainment law.
Flying on a Wing and a Prayer
October 03, 2005
In its zeal to eradicate perceived abuses and further clip the wings of executives who, based on press reports, took great pleasure in using the company's airplane for personal purposes, Congress amended section 274(e)(2) of the Internal Revenue Code (the Code). Effective on the date of enactment (Oct. 22, 2004), these amendments effectively reversed the decisions of the Tax Court and Eighth Circuit in <i>Sutherland Lumber-Southwest, Inc. v. Commissioner</i>, and prompted the IRS to issue guidance containing a myriad of rule changes and hinting at others, leaving tax practitioners scratching their heads and companies running for cover.
Australian Court Finds For Music Company
October 03, 2005
Justice Murray Rutledge Wilcox of the Federal Court held that certain defendants associated with Sharman Networks were liable for "authorization" of copyright infringement as a result of having distributed the Kazaa file-sharing software. <br>Notwithstanding substantial differences between the legal systems and copyright jurisprudence in Australia and the United States, <i>Grokster</i> and <i>Sharman</i> demonstrate remarkable similarities in analysis.
Are Your Lease Payments Still Deductible? The Confounding IRS Guidance Limiting the 'Entertainment' Use of Business Aircraft
October 03, 2005
In its zeal to eradicate perceived abuses and further clip the wings of executives who, based on press reports, took great pleasure in using the company's airplane for personal purposes, Congress amended section 274(e)(2) of the Internal Revenue Code (the "Code") in the American Jobs Creation Act of 2004 ("AJCA"). Effective on the date of enactment (Oct. 22, 2004), these amendments effectively reversed the decisions of the Tax Court and Eighth Circuit in <i>Sutherland Lumber-Southwest, Inc. v. Commissioner</i>, 114 T.C. 197 (2000), <i>aff'd</i> 255 F.3d 495 (8th Cir. 2001), <i>acq.</i> AOD 2002-02 (Feb. 11, 2002), and prompted the Internal Revenue Service ("IRS" or the "Service") to issue guidance containing a myriad of rule changes and hinting at others, leaving tax practitioners scratching their heads and companies running for cover.
Substance Over Style As a Winning Combination
October 03, 2005
It is unfortunate that firms do not fully understand or appreciate the importance of marketing and communications, but nevertheless continue to throw money at their programs without analyzing their needs. The firms that made the list were chosen on the basis of their accomplishments and not as much about their staffing or budgets. While these aspects were taken into consideration, the number of staffers and the budgets did not affect the final listing. Some firms actually do quite a bit more with less staff and less money. As a veteran of law firm marketing and communications, I felt extremely confident in including these firms because I know what they are about and I know their people. The valuation of all the firms is reflective of programs that are differentiators in the world of law firms and in many ways mirror Corporate America's marketing programs. <br>Some of the more important aspects of several marketing and communications programs that struck a chord as having well thought-out and meaningful programs that provide a glimpse into the substance over style world of law firm marketing and communications programs.
