| |
| |
| Acknowledgments | |
| |
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| Introduction | |
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| Global Overview | |
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| Standards Governing Preliminary Injunctions, Motions for Summary Judgment, and Attachments | |
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| Representing Talent | |
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| Introduction: A Business of Intermediaries | |
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| Attorneys | |
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| Ethical Considerations | |
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| Percentage Fees | |
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| Multiple Client Representation | |
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| Participation in Business Deals with Clients | |
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| Croce v. Kurnit | |
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| |
| McCauley Music Ltd. v. Solomon | |
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| Additional Hazards for Counsel | |
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| |
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| Agents and Managers | |
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| Union Regulation of Agents | |
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| State Regulation of Agents | |
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| |
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| New York General Business Law | |
| |
| |
| Pine v. Laine | |
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| |
| Mandel v. Leibman | |
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| |
| |
| California Labor Code | |
| |
| |
| Buchwald v. Superior Court of San Francisco | |
| |
| |
| Pryor v. Franklin | |
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| |
| Barr v. Rothberg | |
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| |
| Park v. Deftones | |
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| |
| Chinn v. Tobin | |
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| |
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| Business Managers | |
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| |
| ABKCO Music, Inc. v. Harrisongs Music, Ltd. | |
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| |
| |
| Talent Contracts | |
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| |
| |
| Introduction | |
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| |
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| Contracts with Minors | |
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| |
| |
| California Provisions on Minors | |
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| New York Provisions on Minors | |
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| |
| N.Y. Arts and Cultural Affairs Law [section]35.03 | |
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| |
| Scott Eden Management v. Andrew Kavovit | |
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| Contract Duration | |
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| The California Seven-Year Statute | |
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| Labor Code [section]2855 | |
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| |
| De Haviland v. Warner Brothers Pictures | |
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| |
| Ketcham v. Hall Syndicate, Inc. | |
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| Statutory Termination Rights in California | |
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| Goudal v. Cecil B. De Mille Pictures Corp. | |
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| Warner Brothers Pictures, Inc. v. Bumgarner | |
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| Contract Formality: Availability of Injunctive Relief | |
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| |
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| The New York Experience | |
| |
| |
| Metro-Goldwyn-Mayer, Inc. v. Scheider | |
| |
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| California Injunction Statutes | |
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| |
| Civil Code [section]3390 | |
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| Civil Code [section]3423 | |
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| |
| The Newly Revised California Injunction Statute | |
| |
| |
| MCA Records, Inc. v. Newton-John | |
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| Motown Record Corporation v. Brockert | |
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| Credit Issues | |
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| By Contract | |
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| |
| Cleary v. News Corp. | |
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| |
| Gold Leaf Group, Ltd. v. Stigwood Group, Ltd. | |
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| |
| Tamarind Lithography Workshop, Inc. v. Sanders | |
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| By Statute/Common Law | |
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| Right to Claim Credit | |
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| Vargas v. Esquire, Inc. | |
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| |
| Smith v. Montoro | |
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| Lamothe v. Atlantic Recording Corporation | |
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| |
| Cleary v. News Corp. | |
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| |
| Artists Visual Rights Act of 1990 | |
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| Right to Disclaim Credit | |
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| |
| Shostakovich v. Twentieth Century-Fox Film Corp. | |
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| |
| Follett v. Arbor House Publishing Co., Inc. | |
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| |
| King v. Innovation Books | |
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| |
| Artists Visual Rights Act of 1990 | |
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| |
| |
| Acquisition of Rights: Rights of Personality and Identity | |
| |
| |
| |
| Introduction | |
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| |
| Personal Rights: Defamation | |
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| |
| |
| In General | |
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| |
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| Fact versus Opinion | |
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| Falsity | |
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| Clark v. American Broadcasting Companies | |
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| |
| Masson v. New Yorker Magazine, Inc. | |
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| Of and Concerning | |
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| |
| Springer v. Viking Press | |
| |
| |
| Bindrim v. Mitchell | |
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| |
| |
| Damage to Reputation | |
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| |
| |
| Defensive Aspects | |
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| |
| |
| Prior Restraint | |
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| |
| Public Officials/Public Figures | |
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| |
| |
| Burden of Proof | |
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| |
| |
| Judicial Resistance Toward Alternative Remedies | |
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| |
| |
| Personal Rights: Privacy | |
| |
| |
| |
| Introduction: Common Law | |
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| |
| |
| The First Cases: Roberson and Pavesich | |
| |
| |
| Pavesich v. New England Life Insurance Co. | |
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| |
| |
| False Light | |
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| |
| |
| Disclosure of Embarrassing Private Facts | |
| |
| |
| Diaz v. Oakland Tribune, Inc. | |
| |
| |
| |
| Statutory Protection | |
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| |
| NY Civil Rights Law [sections]50-51 | |
| |
| |
| Spahn v. Julian Messner, Inc. | |
| |
| |
| |
| Defensive Aspects | |
| |
| |
| Lerman v. Flynt Distributing Co. | |
| |
| |
| Bernstein v. National Broadcasting Company | |
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| |
| |
| Personal Rights: Publicity | |
| |
| |
| |
| At Common Law | |
| |
| |
| Zacchini v. Scripps-Howard Broadcasting Co. | |
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| |
| |
| Statutory Recognition | |
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| |
| California Civil Code [section]3344 | |
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| |
| |
| Other Statutory Enactments on Right of Publicity | |
| |
| |
| Tenn. Code. Ann. Ch. 945, [sections]47-25-1101 and 1108 | |
| |
| |
| Ky. Rev. Stat., Ch. 391 | |
| |
| |
| Fla. Stat. Ann. Sec. 540-08 | |
| |
| |
| Indiana Statutes, Title 32, Art. 13, Ch. 1 | |
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| |
| |
| Additional Recognition of the Right at Common Law | |
| |
| |
| Motschenbacher v. R. J. Reynolds Tobacco Co. | |
| |
| |
| Midler v. Ford Motor Company | |
| |
| |
| Waits v. Frito-Lay | |
| |
| |
| White v. Samsung Electronics America | |
| |
| |
| |
| Post-Mortem Availability | |
| |
| |
| |
| At Common Law | |
| |
| |
| |
| Under Statute | |
| |
| |
| California Civil Code [section]3344.1 | |
| |
| |
| |
| Conflicts Problems | |
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| |
| |
| Defensive Aspects | |
| |
| |
| |
| Public Figures/Newsworthiness | |
| |
| |
| New Kids on the Block v. News America Publishing | |
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| |
| |
| Advertising and Promotion | |
| |
| |
| Namath v. Sports Illustrated | |
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| |
| Montana v. San Jose Mercury News | |
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| |
| |
| Personal Rights: The Lanham Act and Other Federal Legislation | |
| |
| |
| |
| Introduction: A National Remedy | |
| |
| |
| 15 U.S.C. St. 1125 | |
| |
| |
| |
| Use of Section 43(a) by Celebrities and Entities | |
| |
| |
| Allen v. National Video, Inc. | |
| |
| |
| |
| Defensive Matters | |
| |
| |
| Rogers v. Grimaldi | |
| |
| |
| Pump, Inc. v. Collins Management | |
| |
| |
| |
| Acquisition of Rights: Ideas and Other Property | |
| |
| |
| |
| Ideas | |
| |
| |
| |
| Copyright Law: Idea versus Expression | |
| |
| |
| Nichols v. Universal Pictures Corp. | |
| |
| |
| Zambito v. Paramount Pictures | |
| |
| |
| Universal City Studios, Inc. v. Film Ventures International, Inc. | |
| |
| |
| |
| Idea Submissions | |
| |
| |
| |
| Implied Contract | |
| |
| |
| Desny v. Wilder | |
| |
| |
| |
| Confidential Relationship | |
| |
| |
| Blaustein v. Burton | |
| |
| |
| Murray v. National Broadcasting Company, Inc. | |
| |
| |
| |
| Negotiated Acquisitions | |
| |
| |
| |
| The Scope of Acquired Rights: By Contract | |
| |
| |
| Landon v. Twentieth Century-Fox Film Corp. | |
| |
| |
| Rey v. Lafferty | |
| |
| |
| |
| The Scope of Acquired Rights: Legally Imposed Limitations | |
| |
| |
| Copyright Act of 1976, [section]115(a)(1) | |
| |
| |
| Recording Industry Ass'n of America v. Copyright Royalty Tribunal | |
| |
| |
| Copyright Act of 1976, [section]203 | |
| |
| |
| Copyright Act of 1976, [section]304(c) | |
| |
| |
| Miller Music Corp. v. Charles N. Daniels, Inc. | |
| |
| |
| Stewart v. Abend | |
| |
| |
| |
| Contract Performance, Exploitation Obligations, and Limitations on Exploitation | |
| |
| |
| |
| Delivery Standards | |
| |
| |
| Random House, Inc. v. Gold | |
| |
| |
| Harcourt Brace Jovanovich, Inc. v. Goldwater | |
| |
| |
| Doubleday and Company, Inc. v. Curtis | |
| |
| |
| |
| Exploitation Obligations | |
| |
| |
| |
| The Company as (Non)Fiduciary | |
| |
| |
| Rodgers v. Roulette Records, Inc. | |
| |
| |
| Mellencamp v. Riva Music Ltd. | |
| |
| |
| |
| The Obligation to Exploit | |
| |
| |
| Wood v. Lucy, Lady Duff-Gordon | |
| |
| |
| Zilg v. Prentice-Hall, Inc. | |
| |
| |
| Third Story Music v. Waits | |
| |
| |
| |
| Limits on Exploitation | |
| |
| |
| |
| Creative Control | |
| |
| |
| Parker v. Twentieth Century-Fox Film Corporation | |
| |
| |
| |
| The Cimino and Beatty Arbitrations | |
| |
| |
| |
| Mutilation | |
| |
| |
| Gilliam v. American Broadcasting Companies | |
| |
| |
| Chesler v. Avon Book Division | |
| |
| |
| Bobbs-Merrill Co., Inc. v. New American Library | |
| |
| |
| |
| Censorship and Regulation of Content and Attendance | |
| |
| |
| Skyywalker Records Inc. v. Navarro | |
| |
| |
| Cinevision v. City of Burbank | |
| |
| |
| |
| Private Actions Against Creators and Distributors | |
| |
| |
| Olivia N. v. National Broadcasting Company, Inc. | |
| |
| |
| Byers v. Edmondson | |
| |
| |
| |
| Remedies | |
| |
| |
| |
| Self-Help | |
| |
| |
| Dodd, Mead and Company, Inc. v. Lilienthal | |
| |
| |
| |
| Rescission | |
| |
| |
| Nolan v. Williamson Music, Inc. | |
| |
| |
| Nolan v. Sam Fox Publishing Company, Inc. | |
| |
| |
| Peterson v. Highland Music, Inc. | |
| |
| |
| |
| Injunction | |
| |
| |
| Machen v. Johansson | |
| |
| |
| Vanguard Recording Society, Inc. v. Kweskin | |
| |
| |
| American Broadcasting Cos., Inc. v. Wolf | |
| |
| |
| |
| Damages | |
| |
| |
| Freund v. Washington Square Press, Inc. | |
| |
| |
| |
| Contracts of Adhesion/Unconscionability: The Buchwald Case and After | |
| |
| |
| Art Buchwald v. Paramount Pictures Corp. | |
| |
| |
| Batfilm Productions, Inc. v. Warner Bros. Inc. | |
| |
| |
| |
| The U.K. "Restraint of Trade" Cases | |
| |
| |
| |
| The Earlier Cases | |
| |
| |
| A. Schroeder Music Publishing Co. v. Macaulay | |
| |
| |
| Elton Hercules John v. Richard Leon James | |
| |
| |
| |
| The George Michael Case | |
| |
| |
| Georgios Panayiotou v. Sony Music Entertainment (U.K.) Limited | |
| |
| |
| |
| Bankruptcy | |
| |
| |
| |
| The Availability of Bankruptcy Protection | |
| |
| |
| In the Matter of Noonan | |
| |
| |
| In re Carrere | |
| |
| |
| |
| The Consequences of Bankruptcy | |
| |
| |
| Waldschmidt v. CBS, Inc. | |
| |
| |
| |
| Protective Registration | |
| |
| |
| In re Peregrine Entertainment, Ltd. | |
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| |
| |
| Arbitration | |
| |
| |
| |
| |
| |
| |
| Literary Publishing | |
| |
| |
| |
| Introduction | |
| |
| |
| |
| The Business of Literary Publishing | |
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| |
| |
| The Scope of Literary Publishing Contracts | |
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| |
| |
| Paperback Licensing | |
| |
| |
| |
| Foreign Licensing | |
| |
| |
| |
| Merchandise Licensing | |
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| |
| |
| Motion Picture/Television Licensing | |
| |
| |
| |
| Other Media Licensing | |
| |
| |
| |
| Author-Literary Agent | |
| |
| |
| |
| Publisher-Author Contract in Detail | |
| |
| |
| |
| Rights Granted and Assigned | |
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| |
| |
| Delivery of Satisfactory Manuscript | |
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| |
| |
| Noncompete Clause | |
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| |
| |
| Publication | |
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| |
| |
| Copyright | |
| |
| |
| |
| Royalties and Other Payments | |
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| |
| |
| Warranties and Indemnities | |
| |
| |
| |
| Future Revisions | |
| |
| |
| |
| Option for Next Work | |
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| |
| |
| Other Provisions | |
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| |
| |
| The Impact of Custom and Usage | |
| |
| |
| Stein and Day, Incorporated v. Morgan | |
| |
| |
| Tasini v. The New York Times Company, Inc. | |
| |
| |
| |
| The "Next Book" Option | |
| |
| |
| Pinnacle Books, Inc. v. Harlequin Enterprises, Ltd. | |
| |
| |
| |
| Music Publishing | |
| |
| |
| |
| An Overview of the Music Publishing Industry | |
| |
| |
| |
| Sources of Revenue | |
| |
| |
| |
| Small Performance Fees | |
| |
| |
| |
| Co-publishing Agreements | |
| |
| |
| |
| Principal Types of Agreements | |
| |
| |
| |
| Songwriter Agreement | |
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| |
| |
| Administration Agreement | |
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| |
| |
| Collection Agreement | |
| |
| |
| |
| Foreign Subpublishing Agreement | |
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| |
| |
| Negotiation of a Co-publishing Agreement | |
| |
| |
| |
| Computation of Foreign Income ("Receipts" versus "At the Source") | |
| |
| |
| |
| Typical Requirements and Controls | |
| |
| |
| |
| Administrative and Creative Controls | |
| |
| |
| |
| The Publisher's Obligations | |
| |
| |
| |
| The Obligation to Exploit | |
| |
| |
| |
| The Obligation to Account and Pay | |
| |
| |
| In re Waterson, Berlin and Snyder Co. | |
| |
| |
| |
| Performing Rights | |
| |
| |
| |
| Blanket Licensing | |
| |
| |
| Buffalo Broadcasting Co. v. ASCAP | |
| |
| |
| |
| Split Licensing | |
| |
| |
| U.S. v. ASCAP, In re Fox Broadcasting Co. | |
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| |
| |
| Sampling | |
| |
| |
| Grand Upright Music, Ltd. v. Warner Bros. Records, Inc. | |
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| |
| |
| Sound Recordings | |
| |
| |
| |
| Development of the Industry | |
| |
| |
| |
| Contracts in the Record Industry | |
| |
| |
| |
| Artist Recording Agreement | |
| |
| |
| Recording Artist Royalty Calculations: Why Gold Records Don't Always Yield Fortunes (Second Edition) | |
| |
| |
| |
| Producer Agreement | |
| |
| |
| |
| Mechanical License | |
| |
| |
| |
| Film/TV Master Use License | |
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| |
| |
| Master Purchase Agreement | |
| |
| |
| |
| Custom Label Agreement; Pressing and Distribution Agreement | |
| |
| |
| |
| Special Products Agreements | |
| |
| |
| |
| Record Label Breach | |
| |
| |
| Phillips v. Playboy Music, Inc. | |
| |
| |
| |
| Contract Term: The Label Option | |
| |
| |
| Using Option Clauses in Record Deals | |
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| |
| |
| Signing Multiple Group Members to a Single Recording Contract | |
| |
| |
| Forrest R.B. Enterprises, Inc. v. Capricorn Records, Inc. | |
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| |
| |
| Interference with Contract and Inducement to Breach | |
| |
| |
| Roulette Records, Inc. v. Princess Production Corp. | |
| |
| |
| Bonner v. Westbound Records | |
| |
| |
| Westbound Records, Inc. v. Phonogram, Inc. | |
| |
| |
| |
| Ownership and Protection of Performers' Names | |
| |
| |
| |
| Films | |
| |
| |
| |
| The Changing Scene in the Motion Picture Industry | |
| |
| |
| |
| Producing Films | |
| |
| |
| |
| The Evolution of the Studio Model | |
| |
| |
| |
| Producing Films: The Studio Model | |
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| |
| |
| Acquisition of Underlying Rights | |
| |
| |
| |
| The Production/Financing/Distribution Deal | |
| |
| |
| |
| Dealing with Directors, Actors, and Writers | |
| |
| |
| |
| Gross Receipts/Net Profits | |
| |
| |
| |
| Producing Films: The Independent Model | |
| |
| |
| |
| Financing Independent Films | |
| |
| |
| |
| Insurance | |
| |
| |
| |
| Completion Guaranty Bonds | |
| |
| |
| |
| The International Market | |
| |
| |
| |
| Ancillary Markets | |
| |
| |
| |
| Distribution | |
| |
| |
| |
| Dealing with Theatres | |
| |
| |
| |
| Antitrust Issues in Distribution: Studio Issues | |
| |
| |
| United States v. Paramount Pictures, Inc. | |
| |
| |
| |
| Exhibitor Violations: Splitting Arrangements | |
| |
| |
| United States v. Capitol Service, Inc. | |
| |
| |
| |
| Television | |
| |
| |
| |
| The Television Business | |
| |
| |
| |
| The Changing Face of the Television Industry | |
| |
| |
| |
| Broadcast Television | |
| |
| |
| |
| Cable and Satellite Television | |
| |
| |
| |
| Creating and Acquiring Programming | |
| |
| |
| |
| Dealmaking in the Television Industry | |
| |
| |
| |
| The Development Deal | |
| |
| |
| |
| Deficit Funding | |
| |
| |
| |
| Syndication | |
| |
| |
| |
| The Ratings Game | |
| |
| |
| |
| International Markets | |
| |
| |
| |
| Ancillary Markets | |
| |
| |
| |
| Federal Communications Commission | |
| |
| |
| |
| Licensing | |
| |
| |
| |
| Control of Broadcast Television | |
| |
| |
| |
| Controlling Cable Television | |
| |
| |
| |
| Issues in Television Distribution | |
| |
| |
| |
| Antitrust: Block Booking | |
| |
| |
| United States v. Loew's, Inc. | |
| |
| |
| Metromedia Broadcasting Corp. v. MGM/UA Entertainment Co. | |
| |
| |
| |
| Antitrust: Geographical Restrictions | |
| |
| |
| Ralph C. Wilson Industries, Inc. v. American Broadcasting Companies, Inc. | |
| |
| |
| |
| Piracy: Unlawful Interception and Retransmission of Signals | |
| |
| |
| Home Box Office, Inc. v. Pay TV of Greater New York, Inc. | |
| |
| |
| |
| The Internet, Multimedia, and Emerging Technologies | |
| |
| |
| |
| Introduction | |
| |
| |
| |
| Personal Jurisdiction | |
| |
| |
| Bensusan Restaurant Corp. v. King | |
| |
| |
| Zippo Manufacturing Co. v. Zippo Dot Com, Inc. | |
| |
| |
| |
| Regulating Content and Controlling Distribution of Information Online | |
| |
| |
| |
| Censorship | |
| |
| |
| New Media, the Internet, and the Law | |
| |
| |
| |
| Control of Access: Framing and Linking | |
| |
| |
| |
| Liability of Internet Service Providers | |
| |
| |
| |
| Defamation | |
| |
| |
| Zeran v. America Online, Inc. | |
| |
| |
| |
| Privacy | |
| |
| |
| |
| Consumer Profiles | |
| |
| |
| |
| Spamming | |
| |
| |
| |
| Copyright Infringement | |
| |
| |
| |
| Digital Millennium Copyright Act | |
| |
| |
| |
| The Impact of Internet-Specific Technologies | |
| |
| |
| |
| MP3 | |
| |
| |
| UMG Recordings, Inc. v. MP3.Com, Inc. | |
| |
| |
| AandM Records, Inc. v. Napster, Inc. | |
| |
| |
| |
| DeCSS | |
| |
| |
| |
| iCrave TV | |
| |
| |
| |
| Trademark Infringement | |
| |
| |
| |
| Internet Domain Names and Metatags | |
| |
| |
| Brookfield Communications, Inc. v. West Coast Entertainment Corp. | |
| |
| |
| |
| Cybersquatting | |
| |
| |
| |
| Other Internet and New Technology Litigation Involving Copyright, Trademark, and Unfair Competition | |
| |
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| Playboy Enterprises, Inc. v. Frena | |
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| Lewis Galoob Toys, Inc. v. Nintendo of America, Inc. | |
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| Agreements Entered into over the Internet | |
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| What Constitutes an Enforceable Agreement Entered into over the Internet? | |
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| Theatre | |
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| The Theatre Business | |
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| Broadway Producers, Investors, and Theatre Owners | |
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| Alternatives to Broadway | |
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| The Prospective Audience | |
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| The Approved Production Contracts | |
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| MBPC: Requiescat in Pace--APC: Quo Vadis? | |
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| Business Structures of Theatrical Ventures | |
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| Special Problems in Theatrical Agreements | |
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| Gennaro v. Rosenfield | |
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| Childress v. Taylor | |
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| Wasserman v. Leigh | |
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| Sacks v. Rubin 6/15/90 | |
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| Sacks v. Rubin 12/11/91 | |
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| Table of Cases | |
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| Index | |