Peer-to-Peer Downloading Legalized in Canada
January 01, 2004
Before the Canadian Copyright Act was amended in 1998, copying any copyrighted sound recording for almost any purpose infringed copyright in Canada. The 1998 amendment legalized copying of sound recordings for the private use of the person who makes the copy. But it was unclear whether the amendment legalized Internet music downloading. In Dec. 2003, the Canadian Copyright Board determined that downloading music from peer-to-peer file-sharing services is legal as long as the downloaded file is used as a "personal copy." In its recent determination, however, the Board didn't declare uploading to be legal and stopped shy of completely legalizing peer-to-peer music trading.
Cameo Clips
January 01, 2004
Recent cases in entertainment law.
Courthouse Steps
January 01, 2004
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Decision of Note: <B>Court Upholds Sound-Recording Synch Licenses For Recordings</B>
January 01, 2004
The U.S. District Court for the Southern District of New York decided that Universal Music Group had the right to issue synchronization licenses for the use of sound recordings of singer Connie Francis in motion pictures. <i>Franconero v. Universal Music Corp.</i>, 02-1963. The ruling is the latest to follow the New York Court of Appeals decision in <i>Greenfield v. Philles Records Inc.</i>, 98 N.Y.2d 562, 780 N.E.2d 166, 750 N.Y.S.2d 565 (2002), that a record company obtains rights that artists fail to reserve in recording agreements.
Industry Bright Spot: Deals for Licensing Ring Tones For Use in Cell Phones
January 01, 2004
In an industry plagued by shrinking CD sales, the rapid growth in the consumer market for ring tones has been a music business bright spot. In fact, a number of companies have entered the market to provide musical compositions for use by consumers as ring tones for cell phones. The contracts for these companies to license songs from copyright owners vary, and this article touches on many of the issues involved.
Keys to Good Presentations: 15 Rules for Getting Asked Back
January 01, 2004
One of the great keys to business development is the old adage, "Write, speak, sell." If you have figured out how to get into the media often enough to be perceived by your target audiences as an expert, then you will invariably be asked to speak at their conferences and meetings. This is your chance to develop personal relationships that lead to trust and, subsequently, new business. If audiences enjoy a speech, they are far more likely to want to create a relationship with you afterward. From such relationships flow the best business development opportunities. Unfortunately, most speakers, no matter how professionally qualified, focus on the substance and forget about the entertainment value of presentations.
12 Steps to New Business
January 01, 2004
The economy is not good and has been troubled for years. Businesses continue to cut expenses, and more and more individuals and companies enter bankruptcy every day. Large law firms struggle. Does that mean that solo practitioners and small law firms should just give up? No. There is plenty of legal business out there. Lawyers just have to work to get it. And whether you work in a firm's marketing department or consult attorneys on marketing themselves and their firm, here are some methods for getting that business.
E-mail: The New Records Management Frontier
January 01, 2004
Law firms have historically recognized the need to keep all legal matters in some kind of permanent file. For that reason, the position of record manager is well known. But the definition of a record has expanded in scope with the proliferation of communications technology and means by which to store communications. The definition of a record, for example, now encompasses all computer-generated documents. It's significant to firms that advise e-commerce ventures, and the ventures themselves, that the new definition of a record includes e-mail and e-mail attachments. This article will explore the differences between records and documents, the unique challenge e-mail represents and issues to be aware of when setting up a cutting-edge records-management system.
File Sharing: A Problem for Congress or the Courts?
January 01, 2004
Online digital file sharing enjoys massive popularity. Its wide use, however, threatens to destroy the interests of copyright owners. Yet, its broad consumer support and touted technological potential have raised questions about who should bear the risks of such activity, and who — <i>ie,</i> Congress or the courts — should make such determinations.
Ninth Circuit Refreshes Web Trademark Law
January 01, 2004
The Playboy bunny hopped out of the nation's largest appellate court recently with a ruling that could put a wrinkle in one Internet advertising business model. The Ninth Circuit U.S. Court of Appeals ' with the reservations of at least one judge on the unanimous panel ' ruled that search engines are barred from displaying advertising related to trademarked search terms. In other words, you can't point customers in the direction of one company if they're searching for another.
