We’ve written many times about the issue of termination rights in copyright. Under the Copyright Act that went into effect in 1978, artists have a “termination right” to basically take back their copyright from whomever they assigned it to, 35 years after the works were created. Artists cannot contract that right away. It’s inalienable. Of course, it’s 2013, and as you may have noticed, that’s 35 years after 1978. There are a variety of legal fights going on, as copyright holders (generally large gatekeeper companies) are fighting to stop the termination rights. One of the first key cases on this involved The Village People’s Victor Willis, who initially scored an initial victory last year. Of course, the legal fight went on. The NY Times, however, is reporting that Willis himself is now claiming victory, but the details are lacking, and the lawyer for the record labels denies Willis’ claim, noting that there’s still an appeal to be heard.
That said, what struck me as more interesting — but no less troubling — is the gleeful manner in which it appears Willis is preparing to use his new copyright powers (if he actually gets them) to make the current version of The Village People stop performing the band’s classic songs….
Back in June, we got a chance to see an absolutely great response to a cease and desist letter. The author of that response letter, Stephen B. Kaplitt, is an Above the Law folk hero for kicking off his response to an unnecessarily threatening C&D with “obviously [this] was sent in jest, and the world can certainly use more legal satire,” before systematically ripping the opposing attorneys a new one.
Now comes another great response to a C&D letter, and this one may even be better because of the firm on the receiving end.
As you hopefully are aware, today is the 50th anniversary of Martin Luther King’s powerful, moving and memorable I have a dream… speech. In a just world, that speech would be in the public domain. And, legally, it might be. While King did apparently send a copy of the speech to the Copyright Office, he did so as an “unpublished work.” There has been a dispute, then, about the speech itself, since that would be a publication. His estate, however, has argued that the speech was not a “general publication,” but rather a “limited publication” and thus King retained a common law copyright — and an appeals court appeared to agree, but the lawsuit over this was settled without a final ruling, and no one has challenged it since. However, King’s estate has beenridiculously aggressive in trying to lock up his speeches and take down videos commemorating his talks, with a focus on this momentous speech.
Of course, they’re more than happy to license the speech to the highest bidder…
* Mike Brown, the man at the center of the would-be South Carolina restaurant racial discrimination suit, has a post over at xoJane telling his story. [xoJane]
* Time for a Team Prenda update! Now they are making really embarrassingly terrible “your mom” jokes. [Popehat]
* Contrary to Elie’s tweet, there is kind of a legal angle to the debacle at the VMAs that was Miley Cyrus dancing with an aging Michael Keaton dressed as Beetlejuice Robin Thicke. MuckRock has submitted a FOIA request to find out how many complaints were filed with the FCC. Unfortunately, my bet is that the number is more than zero, despite the FCC having no legal authority over indecency on MTV. If you have no idea what we’re talking about, here’s a collection of GIFs. [MuckRock]
* Shots fired! Law Librarian Blog snarks on Law Professor Blogs 2.0 re-design. Palace Intrigue: Blogger Edition. [Law Librarian Blog]
* A new website provides an online course in general deposition prep for witnesses. Will this work? Pro: Deposition prep involves haphazard application of life lessons from a lawyer’s individual career and a professionalized course is beneficial. Con: Why would a firm forfeit all those billable hours to a third-party? [The Perfect Witness]
* Not every law school is cutting back. San Joaquin College of Law is expanding its enrollment. It’s not ABA-accredited, so all these students are sure to land on their feet. [KFSN]
* Since we’re likely to be at war with Syria by the end of the week, here’s a thoughtful piece on the legality of intervention in light of the UN charter and moral obligations. [Boston Review]
* Rather than watching people pump gas, BP is watching people pump out lawsuits against the company at a rather alarming rate as a result of its 2010 oil spill. [Businessweek]
* Cynthia Brim, the Illinois judge who was reelected despite the fact that she was legally insane, finally had a complaint filed against her by the state’s judicial board for being just a little bit too kooky for court. [Chicago Tribune]
* Your degree might not be worth a million dollars, but if you went to one of these schools, you probably got a good bank for your buck. We’ll have more on this later. [The Short List / U.S. News & World Report]
* The fight over attorneys’ fees in the antitrust lawsuits filed against BARBRI continues rage on, and class members still haven’t received a penny — which is all they’d really get, anyway. [National Law Journal]
* Congratulations to Newark Mayor and Yale Law alumnus Cory Booker! Last night, he handily won the New Jersey Democratic primary election for the late U.S. Senator Frank Lautenberg’s seat. [CBS News]
I mean suing the bejeezus out of Goldman Sachs. And likely a number of other high-profile financial players.
Not over something mundane like the whole “taking part in collapsing the global economy” thing. That’s been discussed to death. I’m talking about something much more concrete and, apparently, easy to establish.
People sometimes derisively call bankers pirates, but it turns out they may be right. Software pirates, at least.
In this month’s issue of Vanity Fair, Michael Lewis looks at the prosecution of former Goldman Sachs programmer Sergey Aleynikov. In addition to detailing the outsized influence large banks have over the justice system and the ease with which the system can break down when the facts of a case are too complex for lay jurors, Lewis uncovers a small nugget that he doesn’t really pursue, but that could be trouble for Wall Street….
* “[J]ust because something is constitutional doesn’t mean it’s the best idea, or even a good one.” Perhaps we’ve given Chief Justice John Roberts a little too much to do. No wonder he’s gotten cranky. [Opinionator / New York Times]
* “It’s raining lawsuits.” As Justice Scalia predicted, in the wake of the Supreme Court’s ruling in the Windsor case, gay couples across the nation have banded together to challenge bans on same-sex marriage. [NBC News]
* The Fourth Circuit ruled that state authorities in Maryland can’t arrest and detain people just because they look like they might be illegal immigrants. They can only do that in Arizona. [Baltimore Sun]
* No more fun during sequestration, ever! Judges, get ready to kiss your “lavish accommodations” at judicial conferences goodbye, because Senator Tom Coburn is on the case. [National Law Journal]
* For all of the talk that Biglaw is in recovery, summer associate hiring just isn’t what it used to be. Summer class sizes shrank since last year. We’ll have more on this later today. [Am Law Daily]
* On Friday, the ABA Section of Legal Education and Admissions to the Bar will consider making changes to its law school accreditation standards. Yes, the ABA does have standards. [ABA Journal]
* Open wide and suck this down: A film on the life and times of porn star Linda Lovelace may be lost to the cutting room floor because Deep Throat’s rights holders are seeking an injunction. [The Guardian]
* “Our graduates have a history of going to small firms, DAs and public defenders’ offices. We don’t have the employment swings that big law schools have because their graduates are focused on more elite firms,” says the dean of law school that costs $185,214 to attend. Certainly all of those students at the District Attorney’s office are making enough bank to pay that off. [Daily Report]
* As discussed yesterday, the sequestration is doing a number on the federal defenders. Here’s a petition to save them. [PrawfsBlawg]
* The police are enforcing Yelp reviews now? I guess Google is really pushing them. [Popehat]
* After broadcasting offensive, fake names for the Asiana crash pilots, KTVU is trying to delete the evidence through copyright claims. [Mother Jones]
* USC is the subject of a federal investigation for systematically failing to investigate rape allegations. “A DPS detective told one student that the campus police determined that no rape occurred in her case because her alleged assailant did not orgasm.” In fairness, you can’t feel anything with Trojans. Seriously though, when did USC become Dubai? [Jezebel]
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: