Decision of Note
August 26, 2003
The Court of Appeal of California, Second Appellate Division, has decided that to toll the statute of limitations of the California Talent Agencies Act, an 'action' must be filed with the state labor commissioner, rather than state court, within one year of the alleged Act violation. <i>Greenfield v. The Superior Court of Los Angeles County</i>, B159313 (Feb. 27).
<b><i>Decision of Note</b></i> Statute of Frauds Bars Enforcement Of Executive Deals
August 25, 2003
The Court of Appeals of Tennessee, at Nashville, has decided that the Statute of Frauds barred record executives from enforcing unsigned two- and three-year contracts for them to operate a proposed but canceled country music label. Shedd v. Gaylord Entertainment Co., M2002-00258-COA-R3-CV. The statute voided the contracts because they couldn't be performed within one year, the court noted.
Interpreting Court's 'Grokster' Ruling In Light of 'Napster' Case Precedent
August 25, 2003
The recent ruling by the U.S. District Court for the Central District of California upholding the distribution of decentralized peer-to-peer file-sharing software has made the entertainment industry's legal battle to eliminate the free exchange of content over the Internet seem even more insurmountable. Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 01-08541. While industry executives tout a silver lining in District Judge Stephen V. Wilson's finding that consumers commit direct copyright infringement by using such technology, this nevertheless is the first major ruling against the entertainment business on the file-sharing issue. The odds on the entertainment industry prevailing on appeal are tight because the district court relied primarily on distinguishing the Ninth Circuit's holding in A & M Records Inc. v. Napster Inc. But a close look at Grokster provides some useful ideas for the entertainment industry to consider in its fight.
Bit Parts
August 25, 2003
Recent developments in entertainment law.
TVT vs. Def Jam Provides Tips On Evidence Use
August 25, 2003
On March 21, a Manhattan federal jury ruled that the Island Def Jam Music Group (IDJ) committed breach of contract, copyright infringement and fraud over TVT Records plans to release an album by hip-hop producer Irv Gotti featuring Ja Rule and his group Cash Murda Click (CMC). (TVT alleged that IDJ wrongfully prevented Gotti from delivering a CMC album for a November 2002 release date.
Courthouse Steps
August 25, 2003
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Clause & Effect
August 25, 2003
Parties who buy rights to produce films often sell those rights to third parties. Such assignments raise the issue of whether the third-party buyer must meet the contractual obligations that the original rights buyer owed the original rights seller.
Cameo Clips
August 25, 2003
Recent cases in entertainment law.
