<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].
Grokster Wins Peer-to-Peer Battle
September 08, 2004
In what is poised to spark a debate of significant economic impact for the entertainment industry in the United States Supreme Court, a unanimous panel of the Ninth Circuit U.S. Court of Appeals recently ruled that Grokster, Ltd. and StreamCast Networks, Inc. ' distributors of the Morpheus program ' will live another day, as they do not infringe film and music copyrights by facilitating file-sharing over the Internet.
<b><i>Commentary</b></i> The Strange Case Of Justice Breyer
September 08, 2004
After the U.S. Supreme Court came down with its last decision in June, <i>Ashcroft v. American Civil Liberties Union</i>, PBS Newshour commentator Margaret Warner asked rhetorically: Why in the world was Supreme Court Justice Stephen G. Breyer in the dissent?
Upcoming Events
September 07, 2004
American Bar Association Annual Forum on the Entertainment and Sports Industries. Los Angeles, October 8-9. Will cover recent case rulings as well…
Bit Parts
September 02, 2004
Recent developments in entertainment law.
A Primer on Licensing Music For Digital Distribution
September 02, 2004
Digital distribution contracts are still in their infancy as music industry practices in this area continue to solidify. As digital channels of distribution continue to penetrate the music world, it is increasingly crucial that entertainment professionals understand the nuances of licensing content for use online. This article explores current practices in this area.
Cameo Clips
September 02, 2004
Recent cases in entertainment law.
Courthouse Steps
September 02, 2004
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
