Monthly Archive: June 2006

A documentary is being filmed. A cell phone rings, playing the “Rocky” theme song. The filmmaker is told she must pay $10,000 to clear the rights to the song. Can this be true? “Eyes on the Prize,” the great civil rights documentary, was pulled from circulation because the filmmakers’ rights to music and footage had …

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Permanent link to this article: http://cobaltlaw.com/fair-use-caped-crusader/

Berlent v. Focus Features makes the lesson, again, that on the merry-go-round of preliminary injunctions, that old adage, “thems as snoozes loses” never gets stale. Berlent, a New York composer, sued all the producing parties of the movie, Brokeback Mountain, claiming that the movie theme song was a copyright infringement of Berlent’s own song, “Slow …

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Permanent link to this article: http://cobaltlaw.com/no-harm-to-prevent-when-it-is-eight-months-later/

Pre-emption Laws v. Sony Music Entertainment, Inc. (9th Cir 5/24/06) Long ago (1976) in a pre-digital, pre-internet world, Debra Laws, a recording artist, signed a license with Electra Records for Electra to exclusively produce master recordings and to sub-license the resulting recordings. Fast forward to the digital, internet burgeoning world where Electra licenses to Sony …

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Permanent link to this article: http://cobaltlaw.com/exclusive-licensee-can-disregard-california-publicity-3344/

Dale Chihuly, thought by many to have only a peer in Tiffany’s Glass Works, has sued two glassblowers who worked over a decade for him at the Chihuly Seattle Glass Works. Chihuly alledges copyright infringement against the two former collaborators claiming that the two glass blowers were merely ‘scribes’ of his, Dale Chihuly’s, copyright expression. …

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Permanent link to this article: http://cobaltlaw.com/copyrighting-chihulys-vision-of-the-sea/