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Articles of Interest


Aug 27, 2010
Electronic Books Reshape Publishing Industry
Three recent announcements involving electronic publishing have sent ripples through the publishing industry.
     
Jun 25, 2010
Clearance Issues For Performing Arts Web Sites
Websites can include a digital buffet of audio and video content, photos, artwork, biographical sketches, analyses of the works presented -- and more -- that will enhance the online experience, increase consumer awareness and better entice visitors to fill their seats.
     
Apr 30, 2010
Author's Suit Spotlights Turnaround Provisions
It takes a good while for a producer to develop a motion picture based on a book. A screenwriter must be engaged, decisions must be made about how to adapt the book into a film, the screenplay must be written and revised, and then an entire creative team must be assembled.
     
Feb 26, 2010
Termination of Licenses Without Fixed Terms
For virtually every kind of entertainment project that involves a license of intellectual property, the duration of the license is of great significance.
     
Feb 19, 2010
Employment Contracts
Practical Considerations for Executives
     
Jan 4, 2010
New Developments in Film Financing
Reduced sales of DVDs and increased piracy of filmed entertainment are affecting the profits of studios and other financiers of motion pictures.
     
Dec 14, 2009
Theatrical Producers Seek Best Production Entity
Should a theatrical producer choose a Limited Liability Company or Limited Partnership?
     
Oct 23, 2009
Sundance Bidding War Ends with Lawsuit
An auction atmosphere generally works to the advantage of the seller of rights and this effect has been demonstrated regularly at the Sundance Film Festival during the past several years.
     
Aug 28, 2009
Superman Deal Isn't a "Sweetheart"
When the widow and daughter of a co-creator of Superman challenge a Warner-DC agreement, the court sides with Warner for some unexpected reasons.
     
Jun 26, 2009
Film Studios Hope to Strike Sequel Gold
Mindful of the vast rewards that can flow from motion picture franchises, Hollywood studios structure their agreements with book authors to maximize their chances of creating one.
     
Apr 24, 2009
Examining the Parody/Satire Distinction
A parody of "When You Wish Upon A Star," characterized as "crass and offensive," defeats a copyright claim through the fair use defense.
     
Mar 20, 2009
The Artifact Test
The fair use "Artifact Test" can simplify unauthorized borrowings of entertainment clips in documentaries, but it's not the same as getting them cleared.
     
Feb 27, 2009
“Freedom to Work Act” Bans Non-Compete Clauses
“Broadcast Employees Freedom to Work Act” forbids some but not all attempts by employers in broadcasting media to restrict the range of opportunities for certain employees following the termination or expiration of employment.
     
Dec 26, 2008
Nonprofit Theaters and Subsidiary Rights
The claims of nonprofit theaters to a share of revenues from subsequent productions of plays they initially produce is being challenged.
     
Aug 22, 2008
The "360 Agreement" Emerges in the Music Business
There is much to learn for artists’ representatives and for record companies as they gain experience with this new business model
     
Jun 27, 2008
Who Killed Roger Rabbit's Share of Gross Receipts?
The meaning of "gross receipts" in merchandising disputes
     
Apr 25, 2008
Try to Remember: The Memoir
Recent controversies over fabricated memoirs and memoirists and their effect on publishing contracts
     
Feb 27, 2008
"Crude Parody" Like Others Before It, Is Fair Use
Decision favoring "Family Guy" parody of Carol Burnett's "Charwoman" revisits the limits of ridicule
     
Dec 28, 2007
No Copyright Protection for Poetic Collection
Protection is available only for compilations based on subjective judgments -- not an exhaustive omnibus.
     
Oct 26, 2007
"Citizen Kane" Case Revisits Future Rights
A recent decision concerning the legendary Citizen Kane illustrates why parties negotiating rights acquisition agreements should assume always that old and new technology will give way to unforeseen newer technology.
     
Aug 24, 2007
Perpetual 5% Fee Found to be Unenforceable
A dispute between two California law firms sheds light on percentage fee arrangements; New York precedent covers parallel ground
     
Jun 22, 2007
Cussler and Crusader Find It Hard to Adapt
Authors seek to influence the way their books are adapted to the screen with varying results
     
Apr 26, 2007
Cablevision Decision Spotlights Digital Issues
Case holds that remote storage DVR service infringes rights of owners of tv programs; also finds buffer copies to be infringing
     
Feb 23, 2007
Plagiarism and Illegality--Not Always the Same
Plagiarism is based on moral and professional standards and copyright infringement is based on legal rules. How does a recent case of copying by a novelist measure up using both yardsticks?
     
Dec 22, 2006
First Amendment Protects Video Game Character
Unlike other publicity rights decisions concerning fictitious robots based on real celebrities, this time the human lost
     
Oct 27, 2006
Life Story Releases: "Flashdance" & "Chorus Line"
The importance of "life story" releases in many entertainment transactions makes two disputes, both involving dancers' life stories, worth examining
     
Aug 25, 2006
Steinbeck Case Illustrates Termination Issues
U.S. copyright law gives authors and their heirs the right to terminate certain grants, but legal and business hurdles demand attention -- as illustrated by a case involving "The Grapes of Wrath" and other works by John Steinbeck
     
Jun 23, 2006
Releasing Film First in Theaters
Duty to Release Film First in Theaters Might Be Implied By Silent Contract
     
Apr 28, 2006
Privacy Expectations
Art, News and Privacy Expectations on the Streets of New York
     
Feb 24, 2006
The Role of Most Favored Nations Clauses
Overview of "Most Favored Nations" Clauses in Entertainment Agreements
     
Jan 1, 2006
Clearing Music Copyrights - All of Them
Part I: © Versus
     
Jan 1, 2006
Copyright Renewals in 2006
The Beginning of the End
     
Jan 1, 2006
“Grokster” Case Follow Up:
Supreme Court Issues Grokster Decision
     
Dec 23, 2005
Ring Tone Revenues Foster Copyright Detente
Revenue Claimants Make Peace, Not War
     
Dec 1, 2005
Stock Options, Restricted Stock & Profit Interests
Key Elements of Employment Compensation Arrangements
     
Oct 28, 2005
Google Print
Suits by Authors and Publishers Against Google Raise Fair Use Questions
     
Sep 23, 2005
Former Bodyguard of Madonna
Not Defamed by Erroneous Photo Caption
     
Jul 22, 2005
Ashanti's Motion For Summary Judgment
Summary Judgment In Breach Of Contract Suit Is Denied
     
Apr 22, 2005
Court Upholds Decision
Court Upholds Decision Allowing Record Company to Release Recordings in Digital Format Over the Internet
     
Mar 31, 2005
Copyright Terms and Terminations
Do the Math
     
Mar 25, 2005
Lord of the Rings Complaint
Complaint Filed by Writer and Director of Lord of the Rings
     
Feb 25, 2005
Definition of Motion Picture Profits
Definition of Motion Picture Profits Held to Include Gross Proceeds
     
Jan 28, 2005
Tax Credits Granted to NYC Film Producers
Legislation Enacted Granting Tax Credits to Producers of Films in New York City
     
Jan 1, 2005
P2P Distribution
Grokster and the Balance Of Interests
     
Jan 1, 2005
Acquiring Music Composition Rights For Stage Plays
Incorporate pre-existing musical compositions into new stage productions
     
Jan 1, 2005
Lights, Camera...
Wait, what’s that in the background?
     
Dec 17, 2004
Claims Against Author
Court Allows Certain Claims Against Author to Proceed
     
Oct 22, 2004
Compulsory License Provision
Court Strictly Construes Time Limits In Compulsory License Provision
     
Sep 23, 2004
Amount of Damages Depends on Number of Works
Court Holds that Amount of Damages Depends on Number of Works Infringed, Not Number of Infringements
     
Aug 27, 2004
Court Refuses to Disqualify Firm
Court Refueses to Disqualify Firm in Copyright Infringement Case
     
Jun 25, 2004
Marvel Enterprises in Federal Court Action
Insurance Company Held Obligated to Defend Marvel Enterprises in Federal Court Action
     
May 28, 2004
Clive Cussler Suit
Clive Cussler Sues to Enforce Approved Rights
     
Apr 23, 2004
Publisher Subject to South Carolina Jurisdiction
Publisher, But Not Author, Subject to South Carolina Jurisdiction
     
Apr 1, 2004
Children Benefit from New York Performer Act
The reluctance of entertainment companies to enter into agreements with minors.
     
Apr 1, 2004
Rosie O'Donnell's Contract
The Hazards of Deferring Issues of Control
     
Apr 1, 2004
QUIZ
Those Unanticipated Costs in N.Y.C. Residential Sales
     
Apr 1, 2004
Collaborative Family Law: An Alternative
Resolving marital disputes through a cooperative approach
     
Feb 27, 2004
Connie Francis Recordings
Court Upholds Issuance of Synchronization Licenses of Recordings by Connie Francis
     
Jan 23, 2004
Eminem Not Liable
Eminem Not Liable for Substantially True Lyrics
     
Dec 26, 2003
Use of Unlicensed Clip
Use of Unlicensed Clip in Comedy Central Program is Fair Use
     
Dec 1, 2003
Screen to Stage:
Hollywood Movies Sing on Broadway
     
Oct 24, 2003
Option Agreement for Potential Franchise Film
Provisions in Option Agreement for Potential Franchise Film
     
Sep 26, 2003
Tiger Woods' Name and Likeness
Use of His Name and Likeness Held Not Violative of the Rights of Tiger Woods
     
Aug 22, 2003
Use by Hip-Hop Artist
Use by Hip-Hop Artist of "Wonderful World" in Rap Song Held to Be Fair Use
     
Jul 25, 2003
Lanham Act Does Not Prevent Unaccredited Copying
Lanham Act Does Not Prevent Unaccredited Copying of Work in the Public Domain
     
May 23, 2003
Dismissal of Fox Suit
Court Affirms Dismissal of Fox News Network Suit
     
Apr 25, 2003
G.I. Joe Suit
Attorneys' Fees Awarded in "G.I. Joe" Suit
     
Mar 28, 2003
Right to Contingent Compensation
Contract Providing for Right to Contingent Compensation Does Not Create a Fiduciary Relationship
     
Feb 28, 2003
Addendum to Contract Constitutes a "Writing"
Addendum to Contract Constitutes a "Writing" Under Copyright Act
     
Jan 24, 2003
Fraudulently Induced Releases Claim Denied
Claim That Releases Were Fraudulently Induced Is Denied
     
Dec 17, 2002
Work For Hire Designation
Court Upholds Challenge to Work For Hire Designation in Settlement Agreement
     
Nov 22, 2002
Publisher Breached Contract
Publisher Breached Contract in Rejecting Manuscript
     
Oct 25, 2002
Use of Videos of Reginald Denny Beating
Court TV's Use of Videos of Reginald Denny Beating Held to be Fair Use
     
Sep 17, 2002
"The First 9-1/2 Weeks"
Licensor of Right to Produce Motion Pictures Based on "9-1/2 Weeks" Not a Necessary and Indispensable Party
     
Aug 23, 2002
Publisher Did Not Act in Bad Faith
Publisher Did Not Act in Bad Faith in Rejecting Author's Manuscript
     
Jun 28, 2002
Grammer to Pay Agency Commissions
Court Upholds Arbitration Award Requiring Grammer to Pay Agency Commissions
     
May 24, 2002
"Blair Witch" Distributor Denied Summary Judgment
Court Denies Summary Judgment to Distributor of the "Blair Witch" Films
     
Apr 26, 2002
Record Distributor Held Liable
Record Distributor Held Liable for Infringement Without Establishing Producer's Liability
     
Feb 22, 2002
"Ethics for the Entertainment Lawyer"
Panel Discusses "Ethics for the Entertainment Lawyer"
     
Jan 18, 2002
Clips from "G.I. Joe"
Broadcasters Allowed to Use Clips From "G.I. Joe" in Mitchum Obituaries
     
Dec 28, 2001
A "Sleazy Talent Agent"
Concept of a "Sleazy Talent Agent" Not Protected by Copyright
     
Dec 1, 2001
Summary of the Ninth Circuit's Decision
Napster Case and the Modified District Court Injunction
     
Oct 26, 2001
Registration of Derivative Work Prerequisite
Registration of Derivative Work Held to be Prerequisite of Copyright Infringement Suit
     
Sep 28, 2001
Branding Agreements
Branding Agreements in the Literary Publishing Industry
     
Jul 27, 2001
Dustin Hoffman Damage Award
Court Overturns Damage Award to Dustin Hoffman
     
Jun 22, 2001
Right of Publicity and First Amendment
Court Borrows from Copyright Law in Reconciling Right of Publicity with the First Amendment
     
Apr 27, 2001
Motion Picture Clips and Fair Use Doctrine
Use of Motion Picture Clips Protected by Fair Use Doctrine
     
Mar 23, 2001
Court Imposes Right to Assign Restriction
Court Imposes Restriction on Exclusive Licensee's Right to Assign
     
Feb 23, 2001
NAPSTER Nipped
NAPSTER Nipped by Ninth Circuit
     
Jan 26, 2001
Claims Against Seinfeld Creators Dismissed
Court Upholds Dismissal of Claims Against Seinfeld Creators
     
Jan 21, 2001
Digital Millennium Copyright Act of 1998
Summary of the digital Millennium Copyright Act of 1998
     
Jan 20, 2001
Sonny Bono Copyright Extension Act
Summary of the Sonny Bono Copyright Extension Act and the Fairness in Music Licensing Act of 1998
     
Jan 20, 2001
Quick Questions and Short Answers About Libel Law
These questions and answers are adapted from The Practical Guide to Libel Law by Neil J. Rosini (Praeger), a handbook for publishers, journalists, writers, and others who need to know the basics of U.S. libel law and practical ways to deal with it.
     
Jan 1, 2001
Music Rights and the Internet
An Outline of Rights, Licenses and Sources
     
Jan 1, 2001
A Practical Guide to Theatrical Financing
International Deals for Plays, Musicals and Other Stage Attractions
     
Dec 22, 2000
Recordings Over the Internet
Record Companies Allowed to Distribute Recordings Over the Internet
     
Nov 24, 2000
TV Show Photographs
TV Show Photographs: Neither Works Made For Hire Nor Joint Works
     
Oct 27, 2000
Oral Agreement Not Binding
Court Holds Preliminary Oral Agreement Not Binding
     
Sep 22, 2000
Contract Claim Preempted
Implied Contract Claim Preempted by Copyright Act
     
Jun 23, 2000
Theft of Idea Standards
Different Standards Applicable in Theft of Idea Cases
     
May 26, 2000
Use of Photographs
Use of Photographs with Newsworthy Article Upheld
     
Apr 28, 2000
Co-Authorship Claim Denied
Court Denies Claim of Co-Authorship of Movie
     
Mar 24, 2000
Producer Ordered to Modify Credit
Producer Ordered to Modify Credit to Avoid Confusion
     
Feb 25, 2000
False Advertising Complaint
Complaint Against Publisher For False Advertising
     
Jan 1, 2000
Outline & Summary of the Digital Performance Right
In Sound Recordings Act of 1995 as Amended by the Digital Millennium Copyright Act of 1998 -- --creates a public performance right in sound recordings limited to certain digital transmissions and a compulsory license for digital phonorecord delivery
     
Jan 1, 2000
Checklist for Section 17 U.S.C. Section 114
Compulsory License for Sound Recording Digital Transmissions
     
Jan 1, 2000
The Four DMCA "Safe Harbors"
Exemption for online service providers from liability for copyright infringement - A Guide to Section 512 of the U.S. Copyright Act (Section 202 of the Digital Millennium Copyright Act of 1998)
     
Dec 30, 1999
At the Millennium
At the Millennium
     
Nov 25, 1999
License of Motion Pictures Preempted
State Law Regulating Exclusive License of Motion Pictures Preempted by Copyright Act
     
Oct 22, 1999
Authors Prevail in Suit
Freelance Authors Prevail in Suit Involving Their Contributions to Collective Works
     
Sep 24, 1999
Out of Print Clauses
Out of Print Clauses and the Authors Guild Reprint Agreement
     
Aug 27, 1999
Infringement in TV Pilot Copyright
Damages Resulting from Infringement in Television Pilot Copyright
     
Jun 25, 1999
Rio Music Player
Rio Music Player Held Not Violative of Audio Home Recording Act
     
May 28, 1999
Exception to Privacy Statute
Court Certifies Questions of Newsworthiness Exception to Privacy Statute
     
Apr 23, 1999
"Girl From Ipanema"
"The Girl From Ipanema" Claims Dismissed
     
Mar 26, 1999
Dustin Hoffman Decision
Hoffman Awarded Compensatory and Punitive Damages for Unauthorized Use of Name and Likeness
     
Feb 26, 1999
TV Station Enjoined
Television Station Enjoined from Enforcing Non-Compete Provision
     
Jan 22, 1999
Protecting Residual Payments
Protecting Residual Payments to Talent Covered by Guilds Statute Obligates Transferees of Rights In Motion Pictures Produced Under Collective Bargaining Agreements To Pay Residuals
     
Dec 30, 1998
Misleading Motion Picture Advertisements
Confusion is Presumed in Misleading Motion Picture Advertisements
     
Nov 27, 1998
SAG and Duty of Fair Representation
Screen Actors Guild Held Not to Have Breached Duty of Fair Representation
     
Oct 23, 1998
Tiny Toons Characters License
License of Tiny Toons Characters Held Not to Infringe Rights Under Looney Tunes Agreement
     
Sep 1, 1998
A Practical Guide to Theatrical Financing
"Don't Forget the Checkie! Can't Produce Plays without Checkie!" - Max Bialystock "The Producers" Published Fall, 1998 in the Entertainment and Sports Lawyer, a publication of the American Bar Association
     
Aug 28, 1998
Investor's Claim Denies
Investor's Claim of Reliance on Oral Statement Denied
     
Jul 24, 1998
"Rent" Decision
Upholding the "Rent" Decision on Co-Authorship
     
May 22, 1998
First-Sale Doctrine
Applying First-Sale Doctrine to Rights of Publicity
     
Apr 24, 1998
"Naked Gun" Ad
Parody and Fair Use in "Naked Gun" Ad
     
Mar 27, 1998
Cable Competitors' Dispute
Cable Competitors' Dispute Over Services of Employee
     
Feb 27, 1998
Perpetual Distribution Rights
Perpetual Distribution Rights and the Initial Copyright Term
     
Jan 23, 1998
"Amistad" Enjoinment Denied
Why The Motion To Enjoin "Amistad" Was Denied
     
Jan 1, 1998
Summary: Copyright Category Confusion
And Its Consequences: Online transmissions and the Rights of Exclusive Use Under Copyright
     
Jan 1, 1998
Category Confusion and Its Consequences:
Online Transmissions and the rights of Exclusive Use Under Copyright
     
Jan 1, 1987
Releases for Docudramas
Releases for Docudramas: When Are They Advisable and What Goes Into Them?
     
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