What Lies Beneath: Technology That Supports Effective Compliance
January 01, 2004
Much has been written about the reporting requirements mandated by federal laws such as the Sarbanes-Oxley Act of 2002 (the Act), the Health Insurance Portability & Accountability Act (HIPAA) and the Gramm-Leach-Bliley Act enacted in 1999 (GLBA), but less has been said about the technology that underlies successful efforts to comply. What is clear is that enterprise software and integrated records management are the only viable ways to meet these requirements. The software selected must take into account both changes in these requirements, and the prospect of future state and federal retention and reporting requirements. Since software doesn't exist in a vacuum, hardware and network considerations must be part of the overall system strategy. Law firms with corporate clients and corporate counsel need to be involved in the planning and implementation of such a system.
Cameo Clips
January 01, 2004
Recent cases in entertainment law.
Decision of Note: <B>Court Upholds Sound-Recording Synch Licenses For Recordings</B>
January 01, 2004
The U.S. District Court for the Southern District of New York decided that Universal Music Group had the right to issue synchronization licenses for the use of sound recordings of singer Connie Francis in motion pictures. <i>Franconero v. Universal Music Corp.</i>, 02-1963. The ruling is the latest to follow the New York Court of Appeals decision in <i>Greenfield v. Philles Records Inc.</i>, 98 N.Y.2d 562, 780 N.E.2d 166, 750 N.Y.S.2d 565 (2002), that a record company obtains rights that artists fail to reserve in recording agreements.
Peer-to-Peer Downloading Legalized in Canada
January 01, 2004
Before the Canadian Copyright Act was amended in 1998, copying any copyrighted sound recording for almost any purpose infringed copyright in Canada. The 1998 amendment legalized copying of sound recordings for the private use of the person who makes the copy. But it was unclear whether the amendment legalized Internet music downloading. In Dec. 2003, the Canadian Copyright Board determined that downloading music from peer-to-peer file-sharing services is legal as long as the downloaded file is used as a "personal copy." In its recent determination, however, the Board didn't declare uploading to be legal and stopped shy of completely legalizing peer-to-peer music trading.
Industry Bright Spot: Deals for Licensing Ring Tones For Use in Cell Phones
January 01, 2004
In an industry plagued by shrinking CD sales, the rapid growth in the consumer market for ring tones has been a music business bright spot. In fact, a number of companies have entered the market to provide musical compositions for use by consumers as ring tones for cell phones. The contracts for these companies to license songs from copyright owners vary, and this article touches on many of the issues involved.
Courthouse Steps
January 01, 2004
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Bit Parts
January 01, 2004
Recent developments in entertainment law.
Clause & Effect: <b>Enforcing Deal Memos Between Parties</b>
January 01, 2004
Negotiations in the entertainment industry are often set down in deal memos that are many times followed by more formal agreements. A complication arises when parties dispute whether a deal memo or a subsequent draft agreement is the enforceable document. This issue recently was considered in a case in California that arose over negotiations for music publishing rights.
AFA President Discusses the Challenges of Being a Franchisee
January 01, 2004
For more than a decade, Susan P. Kezios has been one of the most outspoken and effective advocates for franchisees. The organization that she founded in 1993, the American Franchisee Association (AFA), lobbies on behalf of franchisees and conducts numerous educational seminars and conferences throughout the year. In this Q&A, Kezios discusses the most prominent challenges that franchisees face today and gives her "insider" perspective on how those challenges can be surmounted.
Court Watch
January 01, 2004
Highlights of the latest franchisng cases from around the country.
