WARNING! Employees' Entertainment May Be Employers' Headache
April 01, 2004
Most employers have come to realize that personal use of the Internet at work by employees can decrease productivity, and that employees downloading inappropriate material can lead to hostile work environment claims. What many employers have not yet thought about is the potentially explosive problems facing them as the music industry continues its crackdown on those who illegally download and share pirated music files over the Internet.
Bit Parts
April 01, 2004
Recent developments in entertainment law.
Attorney Fees Update
April 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 recent court rulings 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
April 01, 2004
Recent cases in entertainment law.
Clause & Effect: <b>'Recoupment' Defined In Agreements for Theatre Productions</b>
April 01, 2004
In theatre, "recoupment" is a term of art that all knowledgeable persons in the business understand to have a specific meaning. Simply stated, the concept is that the author, director or others involved in the play can be paid more after the play has started making a profit, which is the time when the investors could have recovered their respective investments. It has always been a good negotiation tactic, for example, to offer the author more after the play is making a profit. This tactic has saved many deals that could have fallen through.
Courthouse Steps
April 01, 2004
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Decision of Note: <B>CA's USPA Covers Computer-Altered Likeness</B>
April 01, 2004
The Court of Appeal of California, Second Appellate District, Division Seven, decided that claims over the use of computer-altered likenesses of the plaintiffs in children's television programming were covered by the Uniform Single Publication Act (USPA), Calif. Civ. Code Sec. 3425.1 <i>et seq.</i> Thus, the claims were barred by California's relevant two-year statute of limitations. <i>Long v. The Walt Disney Co.</i>, B164750.
Impact of Foreign Tax Credits On Composer's Royalties
April 01, 2004
There has long been a dispute between songwriters and publishers as to whether songwriters are entitled to a proportional share of a publisher's savings resulting from foreign tax credits. A recent decision of New York's highest court, the Court of Appeals, resolved this issue in favor of the publisher. Under the ruling, absent express contractual language to the contrary, a songwriter is not entitled to share in the benefit of foreign tax credits taken by his or her publisher. Drafters and negotiators should take particular note of this development.
