9th Circuit's Acceptance of 'Melodic Reduction' May Change Music Infringement Litigation
November 29, 2004
In recent years, courts have frequently dismissed music copyright infringement cases at the summary judgment stage, finding that the plaintiff failed to raise a triable issue of fact concerning the claimed similarity between the allegedly infringed and infringing songs. In a number of cases, the court found the opinion of similarity offered by the plaintiff's expert musicologist ' usually a music professor or otherwise credentialed music scholar ' to be legally deficient or otherwise irrelevant to the applicable legal standards. <br>However, a decision earlier this year from Ninth Circuit appears to have expanded the net of music copyright infringement cases that may survive summary judgment. In <i>Swirsky v. Carey</i>, the court found that a type of expert musicological analysis, commonly called "melodic reduction," can raise a triable issue of fact concerning similarity. This article will explain melodic reduction and the problems that the <i>Swirsky</i> decision and melodic reduction may pose for defendants in music copyright infringement cases.
Asbestos and Mass Tort Claims
November 29, 2004
Asbestos-related bankruptcies are prevalent for various reasons, including expense of traditional tort litigation, lack of either state or federal procedures to handle mass litigation, disputes between insurer and insured, and need for many companies' creditors and shareholders to achieve certainty with large current and contingent asbestos liabilities. Bankruptcy remains an attractive alternative and sometimes last resort because section 524(g) of the Bankruptcy Code provides a mechanism for companies faced with overwhelming asbestos liability to resolve current and future asbestos claims by channeling them to a trust, thereby allowing the effected company to avoid what could result in an inevitable liquidation. One necessary component of this channeling mechanism is section 524(g)(4)(B)(i) of the Bankruptcy Code which requires the Bankruptcy Court appoint "a legal representative for the purpose of protecting the rights of persons that might subsequently assert [asbestos claims] ..." 11 U.S.C. ' 524(g)(4)(B)(i), commonly referred to as a future claimants' representative (FCR).
From Cradle to Grave: Using Bankruptcy Skills to Advise Clients on New Deals
November 05, 2004
Of the many hats worn by leasing attorneys, one is of the bankruptcy practitioner. It is a skill set that usually comes into play at the end of a transaction gone bad. This two-part series outlines the case for ending this practice and having bankruptcy counsel get involved in lease deals from the outset.
e-Discovery Conference: Some of What You Missed
November 01, 2004
In mid-October, <i>e-Discovery Law & Strategy</i>'s parent company, ALM, joined with the Business Development Institute (BDI) to offer ALM's first e-discovery conference in New York City. The faculty featured several e-discovery luminaries ' here are some highlights in case you missed it.
Jury Selection and Media Access
November 01, 2004
For laypersons and lawyers alike, the trial of Martha Stewart last winter was irresistible legal theater. But if, between all the discussions of Ms. Stewart's courtroom attire and lunchtime dining habits, you missed seeing how the district court and Second Circuit wrestled with the issue of media access to jury selection, you may want to give <i>ABC, Inc. v. Stewart</i>, 360 F.3d 90 (2d Cir. 2004) a read.
Net News
November 01, 2004
Recent developments of note in the Internet industry.<br>This month:<br>First Suit Filed Against Internet 'Spyware' <br>House Passes Second Anti-Spyware Bill <br>Grokster Officals Settle Separate Copyright Case <br>AOL Files First 'Spim' Suit <br>RIAA Sues 750 More <br>U.S. Teen Soccer Prodigy Adu Wins Cybersquatter Case <br>U.S. Declares War on Intellectual Property Theft <br>
NY Federal Court Sends 'Typosquatter' To Prison
November 01, 2004
Several months ago, U.S. District Judge Michael Mukasey of the Southern District of New York sentenced one of the most notorious "typosquatters," John Zuccarini, to two and a half years for violating the Truth in Domain Names Act, which was enacted by Congress last year. <br>Although his arrest and conviction remain the most significant actions taken under the statute, the Domain Names Act adds another possible step that can assist companies that are victimized by typosquatting on the Internet.
Courthouse Steps
November 01, 2004
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Reality TV Shows Difficult Concepts To Protect
November 01, 2004
In the superheated competition of reality television programming, ownership of ideas is increasingly being disputed.<br>Allegations of idea theft will likely increase as the number of reality TV shows expands and the realm of truly novel ideas shrinks. Resolution of these cases could set new standards for ownership of ideas and the best ways of protecting those rights.
