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Law and Business of the Entertainment Industries

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ISBN-10: 0275969835

ISBN-13: 9780275969837

Edition: 4th 2001

Authors: Donald E. Biederman, Robert C. Berry, Edward P. Pierson, Jeanne A. Glasser, Martin E. Silfen

List price: $113.95
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In response to the increasing convergence of technologies in the entertainment industries, this thoroughly updates and revised fourth edition is carefully reorganized and conveniently reformatted. Moreover, the new easy-to-read single-column format makes the volume a more accessible resource for lawyers, students, and industry professionals. The Fourth Edition is divided into two parts--one dealing with general principles and the other dealing with specific entertainment and related industries--and over 50 new cases have been added. The case material covers recent changes in the entertainment business--among them innovation, consolidation, copyright issues, and globalization--and each is…    
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Book details

List price: $113.95
Edition: 4th
Copyright year: 2001
Publisher: ABC-CLIO, LLC
Publication date: 5/21/2001
Binding: Hardcover
Pages: 864
Size: 7.25" wide x 10.00" long x 1.75" tall
Weight: 3.630
Language: English

DONALD E. BIEDERMAN was Executive Vice President/Legal & Business Affairs and General Counsel, Warner/Chappell Music, Inc., Los Angeles and Professor of Law and Director, National Institute of Entertainment & Media Law, at Southwestern University School of Law, Los Angeles, CA (now the Donald E. Biederman Entertainment & Media Law Institute).

EDWARD P. PIERSON is Executive Vice President of Legal and Business Affairs and General Counsel of Warner/Chappell Music, Inc., Los Angeles, CA, Adjunct Professor of Law at Southwestern University School of Law and past Chair of the American Bar Association Forum on the Entertainment and Sports Industries.

MARTIN E. SILFEN is an entertainment attorney and Adjunct Professor of Law at William and Mary Law School and Intellectual Property Summer Institute of Franklin Pierce Law Center. He is a member of the Virginia Bar.

Global Overview
Standards Governing Preliminary Injunctions, Motions for Summary Judgment, and Attachments
Representing Talent
Introduction: A Business of Intermediaries
Ethical Considerations
Percentage Fees
Multiple Client Representation
Participation in Business Deals with Clients
Croce v. Kurnit
McCauley Music Ltd. v. Solomon
Additional Hazards for Counsel
Agents and Managers
Union Regulation of Agents
State Regulation of Agents
New York General Business Law
Pine v. Laine
Mandel v. Leibman
California Labor Code
Buchwald v. Superior Court of San Francisco
Pryor v. Franklin
Barr v. Rothberg
Park v. Deftones
Chinn v. Tobin
Business Managers
ABKCO Music, Inc. v. Harrisongs Music, Ltd.
Talent Contracts
Contracts with Minors
California Provisions on Minors
New York Provisions on Minors
N.Y. Arts and Cultural Affairs Law [section]35.03
Scott Eden Management v. Andrew Kavovit
Contract Duration
The California Seven-Year Statute
Labor Code [section]2855
De Haviland v. Warner Brothers Pictures
Ketcham v. Hall Syndicate, Inc.
Statutory Termination Rights in California
Goudal v. Cecil B. De Mille Pictures Corp.
Warner Brothers Pictures, Inc. v. Bumgarner
Contract Formality: Availability of Injunctive Relief
The New York Experience
Metro-Goldwyn-Mayer, Inc. v. Scheider
California Injunction Statutes
Civil Code [section]3390
Civil Code [section]3423
The Newly Revised California Injunction Statute
MCA Records, Inc. v. Newton-John
Motown Record Corporation v. Brockert
Credit Issues
By Contract
Cleary v. News Corp.
Gold Leaf Group, Ltd. v. Stigwood Group, Ltd.
Tamarind Lithography Workshop, Inc. v. Sanders
By Statute/Common Law
Right to Claim Credit
Vargas v. Esquire, Inc.
Smith v. Montoro
Lamothe v. Atlantic Recording Corporation
Cleary v. News Corp.
Artists Visual Rights Act of 1990
Right to Disclaim Credit
Shostakovich v. Twentieth Century-Fox Film Corp.
Follett v. Arbor House Publishing Co., Inc.
King v. Innovation Books
Artists Visual Rights Act of 1990
Acquisition of Rights: Rights of Personality and Identity
Personal Rights: Defamation
In General
Fact versus Opinion
Clark v. American Broadcasting Companies
Masson v. New Yorker Magazine, Inc.
Of and Concerning
Springer v. Viking Press
Bindrim v. Mitchell
Damage to Reputation
Defensive Aspects
Prior Restraint
Public Officials/Public Figures
Burden of Proof
Judicial Resistance Toward Alternative Remedies
Personal Rights: Privacy
Introduction: Common Law
The First Cases: Roberson and Pavesich
Pavesich v. New England Life Insurance Co.
False Light
Disclosure of Embarrassing Private Facts
Diaz v. Oakland Tribune, Inc.
Statutory Protection
NY Civil Rights Law [sections]50-51
Spahn v. Julian Messner, Inc.
Defensive Aspects
Lerman v. Flynt Distributing Co.
Bernstein v. National Broadcasting Company
Personal Rights: Publicity
At Common Law
Zacchini v. Scripps-Howard Broadcasting Co.
Statutory Recognition
California Civil Code [section]3344
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
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
Defensive Aspects
Public Figures/Newsworthiness
New Kids on the Block v. News America Publishing
Advertising and Promotion
Namath v. Sports Illustrated
Montana v. San Jose Mercury News
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
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
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
Dodd, Mead and Company, Inc. v. Lilienthal
Nolan v. Williamson Music, Inc.
Nolan v. Sam Fox Publishing Company, Inc.
Peterson v. Highland Music, Inc.
Machen v. Johansson
Vanguard Recording Society, Inc. v. Kweskin
American Broadcasting Cos., Inc. v. Wolf
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
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.
Literary Publishing
The Business of Literary Publishing
The Scope of Literary Publishing Contracts
Paperback Licensing
Foreign Licensing
Merchandise Licensing
Motion Picture/Television Licensing
Other Media Licensing
Author-Literary Agent
Publisher-Author Contract in Detail
Rights Granted and Assigned
Delivery of Satisfactory Manuscript
Noncompete Clause
Royalties and Other Payments
Warranties and Indemnities
Future Revisions
Option for Next Work
Other Provisions
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
Administration Agreement
Collection Agreement
Foreign Subpublishing Agreement
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.
Grand Upright Music, Ltd. v. Warner Bros. Records, Inc.
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
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
Signing Multiple Group Members to a Single Recording Contract
Forrest R.B. Enterprises, Inc. v. Capricorn Records, Inc.
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
The Changing Scene in the Motion Picture Industry
Producing Films
The Evolution of the Studio Model
Producing Films: The Studio Model
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
Completion Guaranty Bonds
The International Market
Ancillary Markets
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.
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
The Ratings Game
International Markets
Ancillary Markets
Federal Communications Commission
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
Personal Jurisdiction
Bensusan Restaurant Corp. v. King
Zippo Manufacturing Co. v. Zippo Dot Com, Inc.
Regulating Content and Controlling Distribution of Information Online
New Media, the Internet, and the Law
Control of Access: Framing and Linking
Liability of Internet Service Providers
Zeran v. America Online, Inc.
Consumer Profiles
Copyright Infringement
Digital Millennium Copyright Act
The Impact of Internet-Specific Technologies
UMG Recordings, Inc. v. MP3.Com, Inc.
AandM Records, Inc. v. Napster, Inc.
iCrave TV
Trademark Infringement
Internet Domain Names and Metatags
Brookfield Communications, Inc. v. West Coast Entertainment Corp.
Other Internet and New Technology Litigation Involving Copyright, Trademark, and Unfair Competition
Playboy Enterprises, Inc. v. Frena
Lewis Galoob Toys, Inc. v. Nintendo of America, Inc.
Agreements Entered into over the Internet
What Constitutes an Enforceable Agreement Entered into over the Internet?
The Theatre Business
Broadway Producers, Investors, and Theatre Owners
Alternatives to Broadway
The Prospective Audience
The Approved Production Contracts
MBPC: Requiescat in Pace--APC: Quo Vadis?
Business Structures of Theatrical Ventures
Special Problems in Theatrical Agreements
Gennaro v. Rosenfield
Childress v. Taylor
Wasserman v. Leigh
Sacks v. Rubin 6/15/90
Sacks v. Rubin 12/11/91
Table of Cases