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Duffey v. Twentieth Century Fox Film Corp.

Duffey v. Twentieth Century Fox Film Corp. - USDC S.D.N.Y., March 27, 2014 - District court dismisses false endorsement and breach of contract suit brought by actor in film Office Space, finding that actor had...more

Five Tips for Film Distributors and Other Licensees

The United States Copyright Act does not discriminate between two or more joint infringers, even if one infringer is found to be more “blameworthy”. As a result, distributors of copyrighted works must take special care to...more

Optioning Film Or TV Rights In A Book – A Checklist

As Torontonians know, we are in the midst of a mayoral election campaign; in all the excitement surrounding the candidate debates, it may have slipped into the rearview mirror that last month it was announced that the film...more

Ninth Circuit Makes Bad Copyright Law from Bad Facts

In a decision that is already being criticized as “horrific” and “judicial activism,” the Ninth Circuit created copyright protection for an acting performance in a short film for which the actress read from a script and was...more

Purple Haze Lifted by Ninth Circuit Regarding Jimi Hendrix’s Post-Mortem Publicity Rights

In Experience Hendrix L.L.C. v. HendrixLicensing.com LTD, Nos. 11–35858, 11–35872 (9th Cir. Jan. 29, 2014), the Ninth Circuit Court of Appeals upheld the constitutionality of Washington State’s Personality Rights Act (WPRA),...more

Three Point Shot, March 2014

D'oh! Simpsons Voice Actor Scores Big Win in Baseball Character Suit Popcorn, peanuts, character and voice rights in one jam-packed action for declaratory relief! Thank you for joining us on this sunny day at...more

Nine Thoughts On The Ninth Circuit’s “Innocence of Muslims” Copyright Decision

By now, you’ve probably heard the agonized shrieks of your friendly neighborhood copyright lawyer, decrying the Ninth Circuit’s opinion Garcia v. Google. If you haven’t had the time or inclination to read the opinion, here is...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- February, 10 2013: Baldwin v. EMI...

District court holds that EMI owns copyright to “Santa Claus Is Comin’ to Town” until 2029, finding that grantors’ termination attempts were invalid for failure to record termination with Copyright Office under 1976 Act. ...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- January 31, 2014: Fox Broadcasting...

Ninth Circuit issues amended opinion affirming denial of plaintiff broadcasting companies’ motion for preliminary injunction against Dish Network over Dish Network’s network television recording product, finding that...more

The Bill Graham Show Goes On … and On - Graham-Sult v. Clainos

The U.S. Court of Appeals for the Ninth Circuit concluded that the federal district court erred in dismissing claims for copyright infringement, conversion and declaratory relief brought by the sons of the late concert...more

“Dope!” Does Not Indicate Consent

It is rare for a case to combine energy drinks, copyright law, DJs, rap and snowboarding in Canada. The court’s decision in Beastie Boys v. Monster Energy Co. is such a case....more

UK: Court of Appeal rules that PRS agreement covers future assigned works

The Court of Appeal (the Court) recently ruled that a clause in a PRS agreement with two composers, which transferred future rights in works which a composer “may acquire or own” would work to give PRS rights over future...more

Class Certification Partially Granted in O’Bannon NCAA Case: Current and Future Student Athletes Allowed in Class, Former Student...

This has been an eventful few weeks for the O’Bannon v. Electronic Arts, Inc., et al., No. 4:09-cv-01967 (N.D. Cal.) case in the Northern District of California; an over four-year-old showdown between the NCAA and current and...more

Is This Really a Job for the Trademark Office?

Legal proceedings involving mass murders and lurid sexual escapades get lots of media attention. Trademark cases? Not so much....more

Business Law Newsletter - November 2013

In This Issue: - False Notes in the Music Industry: Fiduciary Duty of Business Partners - Bankruptcy and Government Contractors - “I Have a Registered Trademark, Now What?” 3 Steps to Monitor and Enforce Your...more

Copyright Registration Basics for "Creative Entrepreneurs"

When I talk to writers, artists and other creative people with ideas for a film, television show, or other production the first thing they often want to do is start talking to other people about it. Sometimes they only have...more

UK: Court of Appeal rules that PRS agreement covers in future assigned works

The Court of Appeal (the Court) recently ruled that a clause in a PRS agreement with two composers, which transferred future rights in works which a composer “may acquire or own” would work to give PRS rights over future...more

Facing the Music

Every so often I notice a news item about a lawsuit being brought by ASCAP or BMI to enforce their music licensing rights against some small bar or restaurant. ASCAP ( American Society of Composers, Authors and Publishers)...more

(F)blogs in the fashion industry, what issues?

Flogs (or fake blogs) are a type of business that is very common especially in the fashion sector where some bloggers have become real stars, but their practice might lead to potential legal issues which both fashion...more

Copyright exhaustion in the US: what the Kirtsaeng and ReDigi decisions tell us about the future of the first sale doctrine and...

The concept of copyright ‘exhaustion’, or the ‘first sale’ doctrine, refers to the principle that once a copyright owner places a copyrighted item in the stream of commerce by selling it, they have exhausted their exclusive...more

Top fashion legal topics – # 7 – Fashion companies “go social”: the legal risks

After wearable technologies, special rules for foreign franchisors in Italy, 3D Printers à la mode, social media and fashion and online retail, we will cover the legal risks connected to the usage of social media by fashion...more

Copyright Assignment Termination After 35 Years: The Video Game Industry Comes of Age

A little-known section of the Copyright Act allows designers and developers of video games to terminate copyright assignments granted after January 1, 1978. Section 203 of the Act was intended to give creators of...more

Getting Tangled in the Web of a Hybrid Royalty Clause

Frequently, parties enter into IP license agreements in which the licensor grants a license or other rights to a bundle of its intellectual property (patents, copyrights, trademarks, trade secrets, know-how, etc.) pertaining...more

Copyright Termination — Get Rights Back and Perhaps Get Back to Work!

What with remakes and sequels constituting so much of what fills the theatres and television programming these days, it is difficult to fathom why literary authors and their representatives are not more aggressively tracking...more

Counseling The Modern Music Artist

INDUSTRY IN UPHEAVAL - The average entertainment attorney sits on his or her hands, waiting for the wealthy client to come to the office with a lucrative contract to negotiate. In reality, the attorney must create...more

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