Decision of Note
August 30, 2005
The U.S. Court of Appeals for the First Circuit decided, in a ruling of first impression, that a federal court has subject-matter jurisdiction over a suit against a foreign defendant under the Lanham Act only if the protested activities have a substantial effect on U.S. commerce. <i>McBee v. Delica Co. Ltd.</i>, 04-2733.
Inside <i>Grokster</i>
August 18, 2005
The Internet industry has had a little time to sit back and examine the U.S. Supreme Court's decision in the <i>Grokster</i> case, pondering its true meaning and its impact on technology and software developers as well as the entertainment industry. In this virtual roundtable discussion, members of <i>Internet Law & Strategy</i>'s Board of Editors and other Internet law experts chime in with their thoughts. I think you'll find these comments insightful and raise the issues that the industry faces in the wake of <i>Grokster</i>.
Courthouse Steps
July 28, 2005
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Bit Parts
July 28, 2005
Recent developments in entertainment law. <p>This month:<br>Agent Commissions/Arbitration Awards<br>Documentaries/Defamation<br>Downloading/Default Judgment<br>DVD Distribution/Preliminary Injunctions<br>Tax Liability/Royalty Statements
Clause & Effect
July 28, 2005
Agency Agreements/Commissions<br>Recording Contracts/Copyright Renewals
Counsel Concerns
July 28, 2005
The U.S. District Court for the Southern District of New York vacated sanctions issued against an attorney representing the estate of Tarzan illustrator Burne Hogarth, which had sued over rights in Hogarth's works following the release of The Walt Disney Co.'s animated "Tarzan" movie.
<b>Commentary:</b> 'Unanimous' Vote In Grokster Has Split Views
July 28, 2005
In its opinion, the Supreme Court clearly focused the test for copyright infringement liability on the subjective question of the purpose of the software's distribution ' an approach that better comports with basic notions of fairness than that of the courts below. But read together, the plurality opinion and two concurring opinions raise a new set of disquieting questions.
Issues in Licensing Music for Podcasts
July 28, 2005
Even amateur podcasters know that there are legal concerns with podcasting music. As the law stands now, a podcaster must secure permission for every copyrighted sound-recording master. This would be extremely time-consuming and expensive ' even for NPR, let alone individual podcasters. On the other hand, acquiring the rights to use the songs embodied in podcasts may not be as big a problem because the statutory compulsory license applicable to the mechanical reproduction of musical compositions probably applies to podcasts. In addition, blanket public-performance licenses are already offered by ASCAP, BMI and SESAC.
Cameo Clips
July 28, 2005
Recent cases in entertainment law.
<b>Decision of Note: </b>'Holla Back' Hook Not Infringing
July 28, 2005
The U.S. District Court for the Southern District of New York ruled that there was no substantial similarity between the hook in the plaintiff's song and the hook in the defendant's song that would support an inference of copying
