RIAA Escalates Battle
October 01, 2004
The Recording Industry Association of America (RIAA) recently announced that it has filed a new round of lawsuits against 762 people it suspects of distributing its songs for free over Internet peer-to-peer (P2P) networks like KaZaA and eDonkey. <br>As of press time, the RIAA has sued roughly 5400 people over the past year in an effort to discourage the online song copying that it believes has cut into CD sales. And it's also pressing Congress to help.
Cash-Flow Insurance Is No Guarantee For Financing of Film Productions
October 01, 2004
Putting together a film financing package can often be risky. Artisan Entertainment learned that after it thought it had entered into an essentially risk-free financing deal to produce eight films. But after its cash-flow insurer refused to accept some of the films, Artisan found itself on the losing end of a lawsuit that offers insights into just how complex and tricky film financing can be.
Bit Parts
October 01, 2004
Recent developments in entertainment law.
Counsel Concerns
October 01, 2004
Issues in serving as a lawyer in the entertainment industry.
Cameo Clips
October 01, 2004
Recent cases in entertainment law.
Sixth Circuit Gives Different Views On Infringement
October 01, 2004
Issuing two important copyright-infringement decisions, the U.S. Court of Appeals for the Sixth Circuit recently offered different methods for dealing with different types of disputed works.
Courthouse Steps
October 01, 2004
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
<b><i>Commentary</b></i> Perspective On Anniversary Of RIAA File-Sharing Suits
October 01, 2004
Four thousand two hundred and eighty lawsuits and counting. That's how many lawsuits have been brought by the major record labels against music fans for using peer-to-peer (P2P) file-sharing software (like KaZaA or Morpheus) to swap music over the Internet. The 1-year anniversary has just been reached in the recording industry's unprecedented litigation campaign against its own customers.
Decision of Note: <b>Copyright Ruling On Suit Time, Damages</b>
October 01, 2004
In a case with several notable aspects, the U.S. Court of Appeals for the Ninth Circuit held that under Sec. 507(b) of the Copyright Act of 1976, a plaintiff can file suit for alleged infringements that occur more than 3 years before the filing of the complaint, as long as the plaintiff didn't, or reasonably couldn't have, discovered the allegedly infringing activity within the Act's 3-year limitation period. <i>Polar Bear Productions Inc. v. Timex Corp.</i>
Can the Sequel Make More Money Than the Original?
September 28, 2004
Talk about a balance of power. Debtors want to sell assets for maximum value. Bidders want to buy cheaply and with finality. While debtors want flexible auctions, if the rules are open-ended, bidders will stay home. So what happens to bidder confidence when, after the auction concludes, but before the sale is approved, a late bidder offers more money? Bankruptcy courts must weigh the potential benefits to the estate against the reasonable expectations of the auction participants and the impact of accepting a late bid on the integrity of bankruptcy auctions. Recently, the Seventh Circuit examined this tension in <i>Corporate Assets, Inc. v. Paloian</i>, 368 F.3d 761 (7th Cir. 2004) (<i>Paloian</i>) [as analysed in last month's issue].
