Clause & Effect: <b>Non-Monetary Benefits' Impact on Royalty Rights</b>
February 01, 2004
A right to net-profits participation from entertainment products has often been criticized as meaning little, given the many disputes that have arisen over non-payment. Even producers of highly successful products may argue that their ventures netted little or no net profits. Thus, revenue participants who obtain the right to a percentage of gross or adjusted-gross profits are usually considered in a better position than net-profits participants. Still, a right to gross profits has its pitfalls. A key issue is what revenues belong in the gross-profit pool.
Courthouse Steps
February 01, 2004
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Attorney Fees Update
February 01, 2004
Depending on the circumstances and the law, parties on either side of an entertainment suit may ask a court for an award of attorney fees. Following are court rulings from recent months that deal with this and related concerns. In this and future issues, <i>Entertainment Law & Finance</i> will report on such relevant rulings in Attorney-Fee Updates.
Cameo Clips
February 01, 2004
Recent cases in entertainment law.
Creative Dilemma: Determining Authorship Rights in Studio Session Works
February 01, 2004
A recording session is generally a team effort, with artist, engineer and producer working together to create sound recording masters. However, unless set forth in written agreements, just who owns the rights in the works may not be clear. For example, what if an engineer with creative input claims to be a joint author? Even less clear may be who owns the rights if a visitor to a recording session becomes a contributor to a track. Such situations may raise claims of joint authorship and/or copyright infringement, among other things. (A joint copyright owner can't sue a co-owner for infringement, but a court may recognize a joint authorship claim as a distinct alternative from an infringement claim in the same case.) Defendants in these actions may claim an implied license, that the visitor's contribution wasn't original enough to be copyrightable or that the contribution was a work-for-hire under that the defendants own. These arguments were recently tested in a case involving a recording session for the popular hip-hop artist Jay-Z.
Tax Returns Can Make or Break Your Case
February 01, 2004
The primary purpose of a tax return is for government entities to assess income taxes on the earnings of a business or individual, but in divorce, the role of the tax return is much broader and serves various purposes. Business and personal tax returns should be thoroughly analyzed before marital assets are divided and before income is set for the purpose of determining spousal maintenance and child support. If analyzed properly and creatively, they can help show whether: 1) there was financial irresponsibility; 2) income is much greater than appears on the surface; or 3) assets no longer exist that one spouse assumes still do exist.
Around the Firms
January 01, 2004
Movement among major law firms and corporations.
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.
