Contracting with Minors
November 02, 2015
One of the fundamental principles of U.S. contract law is that a party must have the capacity to enter into a contract in order to be bound. Minors, as a general rule, lack this capacity. As a result, any contract made with a minor might not be enforceable. Yet in certain circumstances, contracts with minors are commonplace. The following identifies some risks, some mitigating solutions and the limitations of those solutions when contracting with a minor.
Med Mal News
October 02, 2015
Discussion of two recent rulings.
'Happy Birthday' Case Built on Prof.'s Article
October 02, 2015
A federal judge in Los Angeles ruled that Warner/Chappell Music does not hold a copyright to the song's lyrics, upending an 80-year licensing campaign that generated an estimated $2 million per year.
Employees with Duty to Report Bias Protected from Retaliation
October 02, 2015
The "manager rule" purports to address a concern that, if counseling and communicating complaints are part of a manager's regular duties, then "nearly every activity in the normal course of a manager's job would potentially be protected activity," and "an otherwise typical at-will employment relationship could quickly degrade into a litigation minefield," according to <I>Hagan v. Echostar Satellite</I>.
How Consumers Are Shoplifting from the Comfort of Their Own Homes
October 02, 2015
Online retail has completely transformed the way the world goes shopping. It is projected that consumers worldwide will spend nearly $1,700 billion in online sales this year. Consumers are leaving the physical swiping of cards and exchange of cash behind for the ease and convenience of a card-not-present transaction. But more important than the effect on brick-and-mortar, this paradigm shift is reshaping the way consumers think.
How Effective Has VARA Been?
October 02, 2015
The Visual Artists Rights Act of 1990 (VARA) was enacted as an amendment to copyright law for the United States to really get on board with the Berne Convention. Finally, hardworking American authors of original works of fine art would be granted a few "moral rights." That was the promise. But where are we, 25 years in? What artists are granted these rights, and what stands in the way of exercising them?
The Interplay of Bankruptcy, Copyrights and Security Interests in Film Properties
October 02, 2015
The U.S. Bankruptcy Code is written so perversely in favor of a bankrupt party that a bankruptcy can upset all reasonable expectations of anyone doing business with that party. In the film industry, rights can be lost, payment obligations cancelled and other contractual obligations left in limbo for years.
Peering Into Copyright Office's Report on Orphan Works
October 02, 2015
What happens when a party wants to use a photograph, image, writing or other work that may be subject to copyright protection, but cannot identify or locate the original author to secure permission? The dilemma these "orphan works" poses was the subject of a recent 106-page report by the U.S. Copyright Office. The report has left the creative world abuzz and, in many cases, aghast at the implications of proposed legislation some believe would effectively overhaul the U.S. Copyright Act.
