Entertainment Law

Entertainment Law Position

Legal Intern/Music Publishing Administrator

Position description
The position requires 3 days a week, but with flexible hours. Main duties include domestic and international copyright administration as well as reviewing and executing publishing contracts. You will be reporting to Patrick F. Sullivan, Vice President of Licensing and Royalties for eMusic/The Orchard. The position involves extensive hands on experience with publishing catalog administration, contracts, and licensing. The ideal candidate should have strong organizational skills and the ability to handle multiple projects simultaneously while maintaining focus and a sense of priorities.

Organization

Orchard Music Publishing (OMP)…A division of The Orchard Enterprises OMP is an independent music publisher offering global administrative and creative services to songwriters. OMP collects songwriter royalties globally and has direct relationships with the musical rights societies in each country of the world. OMP specializes in collecting mechanical royalties from foreign digital music services selling musical compositions. OMP focuses primarily on digital licensing.

The Orchard Enterprises
The Orchard (www.theorchard.com) is the leading distributor and marketer of independent music in the world, representing more than 2,500 labels and thousands of artists spanning over 50 countries and every music genre. The Orchard supplies their catalog of over 200,000 tracks to all of the leading legal digital music services throughout the world, and also offers traditional retail CD distribution to both brick-and-mortar and online outlets in the United States. The Orchard is headquartered in New York, with operations in London, Tokyo, Buenos Aires and Melbourne.

Qualifications
*General knowledge of the music industry
*Familiarity with Microsoft Outlook, Word, and particularly Excel.
*General knowledge of music licensing and/or publishing
*Contract experience a plus

Internship Available
Position: Music Publishing and Online Music Licensing Administration
Days: M-F (Flexible)
Hours: 10-5 (Flexible)
For College Credit Only

Position Type: Internship
Location New York, NY

Contact:
Patrick F. Sullivan
VP of Licensing & Royalties
eMusic.com, Inc. & The Orchard Enterprises, Inc.
133 5th Ave, 7th Floor
New York, NY 10003
Phone: 212-529-9109 ext. 21
Fax: 212-253-7614
Cell: 917-509-8360
psullivan@emusic.com

 

NYSBA Writing Competition

ANNOUNCING!!

New York State Bar Association
Intellectual Property Law Section’s

Law Student Award Writing Contest for 2005

(submission deadline November 4, 2005)

For contest rules and further information, please click  HERE.

First Place Article

Revenge of the Nerds in Japan:  Examining the Ramifications of the Employee-Inventor Revolt in Japan

By Thad McMurray
SUNY Buffalo School of Law

Second Place Article

Health Crises vs. Pharmaceutical Patents: The Effects of Allowing Patent Override under the August 2003 Addition to the Doha Declaration

By Michele Gross
Cardoza School of Law

Economic Development Corporation

New York City Economic Development Corporation is seeking a full-time,
paid summer intern to work on various facets of implementing the
Mayor's new telecommunications plan for New York City.  The plan is
intended to spur telecommunications buildout in the five boroughs as
well as foster network resiliency and innovation in New York City.  The
internship will involve a combination of policy and legal research in
the telecommunications field, along with extensive coordination with
other City agencies and offices.  EDC is looking for a summer intern
starting June 1 or soon thereafter.  Please direct questions regarding
the internship to Wendy Lader at the address or number below:

Wendy Lader
VP of Telecommunications Policy
New York City Economic Development Corporation
110 Williams St.
New York, N.Y. 10038
(212) 312-3640 (ph)
(212) 312-3915 (fax)
wlader@nycedc.com

Here is a link to the recently released plan.

IP Summer Position

New York technology and intellectual property law firm is
in need of a student for a part-time position over the summer.
This person would do research and writing, mostly summarizing cases
and/or regulations.  The position is for approximately 10 hours per week, and will pay $15 per hour.

If interested, students should send their resume directly Kevin Taylor as soon as possible.  A decision will be made by May 20.

If you have any questions, feel free to call.

Kevin C. Taylor

Taylor & Mrsich, LLP
470 Park Avenue South, Suite 4N
New York, New York  10016

Office:  212.683.0010

Fax:  212.684.6224

Mobile:  914.325.1066

www.globaltechlaw.com http://www.globaltechlaw.com

Provisional Graduation and False Light

Hey 3rd Years,

My understanding of graduation is that everything is provisional.  That is, if it is announced during the ceremony that you are graduating with honors, or for that matter, graduating at all, it is only provisional because all grades will not have yet been received from professors.  Does everyone attending graduation and sitting in the audience understand this or is our law school possibly subjecting itself to false light claims?  There will surely be psychological harm to anyone who "graduates" at the ceremony, but is later informed that they have not graduated.  Is this a potential Spahn claim?

Paula Abduls' Alleged Affair

ABC News: Ex-'Idol' Claims Abdul Affair

By LYNN ELBER, AP Television Writer Wed May 4, 3:29 AM ET

LOS ANGELES - An ABC News special on competitor Fox's hit series "American Idol" will report a former contestant's claim that he had a sexual relationship with judge

Paula Abdul while on the talent show, ABC News said Tuesday.

ADVERTISEMENT

Corey Clark, who Fox has said was dropped from "American Idol" in 2003 for failing to reveal a past arrest, told "Primetime Live" that Abdul helped him with advice and money.

The hourlong special is set to air at 10 p.m. EDT Wednesday, after the "American Idol" results show airs at 9 p.m. EDT. The Fox show is nearing its May 24-25 finale in which a winner will be chosen and get a record deal.

Clark earlier made allegations about Abdul in an interview with the Globe tabloid, which reported that he was shopping a tell-all book.

In a statement to ABC News on Tuesday, Fox said Clark never notified the network or "American Idol" producers of any concerns about the show despite "multiple opportunities" for contestants to do so.

"We will, of course, look into any evidence of improper conduct that we receive," Fox said, adding that the public should "carefully examine Mr. Clark's motives, given his apparent desire to exploit his prior involvement with 'American Idol' for profit and publicity."

Dancer-singer Abdul, known for her upbeat critiques of even the most hopeless contestants, has punched back at Clark and ABC. Her lawyer sent a letter to the network threatening legal action if the special airs.

"Mr. Clark is an admitted liar and opportunist who engages in unlawful activities. He is communicating lies about Paula Abdul in order to generate interest in a book deal," said an earlier statement issued on her behalf.

Clark was arrested after a scuffle with his sister and eventually pleaded no contest to a misdemeanor charge, ABC said.

According to ABC News, Clark claims that singer-dancer Abdul, now 42, initiated the relationship when he was 22, which started as a friendship but then became sexual.

The special reports Clark's allegation that Abdul "implored him not to talk about her to the media or publish his memoirs," ABC said, noting that Clark played one answering machine message for "Primetime Live." The contents of that message were not detailed in the ABC News statement.

Clark alleges his first private phone call with Abdul came after an associate of hers slipped Clark a piece of paper with her number.

"So she was like, 'You got to have better song choices, and I want to help you do that. I want to look out after you like, like, I'm your mom,'" Clark told "Primetime Live," according to an excerpt released by ABC News.

"And then she was like, "Well, more like your sister." And I was like, 'OK, cool, cool' ... And then she was like, "Well, maybe more like your special friend,'" Clark told the news show.

___

On the Net:

American Idol: http://www.idolonfox.com

ABC: http:www.abc.com

I understand that a celebrity gives up some right to privacy upon achieving stardom. However, even if these allegations are true- there is no crime in what has happened. He is not under 18. And if he is lying- is it worth tarnishing Abdul's reputation and career? What motivation does he have to report this affiar- aside from any Idol rules- Abdul has not done anything legally wrong. There needs to be more protection for celebrities, in my opinion, in this area, as there seems to be great motivation for the accuser- fame and fortune...and bad publicity for the "accused"

Amityville Horror

I came across an article concerning the new horror flick "Amityville Horror" (which got a terrible review but seems to be doing well at the box office...go figure). Anyway, it appears that the owner, George Lutz, of the Long Island house the film is based upon is filing a suit against the filmmakers for defamation. The studio is MGM.  Lutz says that he did not tormet his family nor did he "hack his dog to death with an ax." He believes that the movie makes him look like a "blood thirsty maniac." 

I have to be honest, I have no idea what "Amityville Horror" is about nor do I know the story behind it. What I do know, is that this movie is a remake of a movie done in 1979 by American International Pictures which was based on 1977 best selling novel by Jay Anson. Since the movie is based on a book, and is a remake on the 1979 film, this fact in and of itself may dilute any claim that Lutz brings (I will do a small analysis anyway).

I am not sure that Lutz would win under a defamation claim.  In order to to  prove defamation, there must be a false statement of fact that was made "of and concerning" the plaintiff and publication of the statement.  In addition, he would have to show injury to his reputation.  Since Lutz is  not a public figure he would probably only have to show mere negligence (NY). We are not, however, dealing with a false statement "of and concerning" Lutz. I think Lutz might have a stronger argument under commercial appropriation, although I believe we read a case (Matthew v. Wozenzcraft), in which the court ruled that the protection of name or likeness under Texas law does not include a person's life story. I don't know how NY comes out on this, but I think it will be an interesting case to watch develop.   

More news on Grokster

It looks like not everyone in Hollywood is against the p2p networks. I saw this article (below) a few weeks ago. It seems some people who work for the studios and labels are siding against them in this fight. That might mean that these kinds of networks might have a chance afterall. Perhaps the label's claim that this type of file sharing is unfair are not as legitimate as they seem. Or maybe some people in Hollywood are just trying to get a piece of this kind of file sharing system before they get shut out of a growing opportunity.

Daily Variety Copyright 2005 Reed Business Information - US March 29, 2005 Section: news Inside Moves Cuban backs P2Ps in piracy proceedings Ben Fritz At the same time he's building businesses in partnership with Hollywood, Mark Cuban is funding the fight against the studios and labels in court. Billionaire owner of HDNet, 2929 Entertainment, Landmark Theaters and the Dallas Mavericks disclosed on his blog over the weekend that he's been directly funding efforts by cyberliberties group the Electronic Frontier Foundation on behalf of defendants in MGM v. Grokster. Case, which is being argued in the U.S. Supreme Court today, pits peer-to-peer networks Grokster and Morpheus against MPAA and RIAA members in a fight over whether companies can be held responsible for piracy their software enables. With his roots in the tech world, Cuban has always been a supporter of those who claim Hollywood is restricting "fair use" rights in its efforts to protect copyright. Cuban wouldn't disclose how much his support would add up to. Cuban told Daily Variety he's not worried about the impact his support may have on his business, saying he has found the MPAA to be "open-minded" and that many execs in Hollywood quietly support his position. "Most don't fall in with the company line," he said. "It's the RIAA that has been engaging in digital McCarthyism. They want to cut off their nose to spite their face." ---- INDEX REFERENCES ---- REGION: (Cuba (1CU43); USA (1US73); Americas (1AM92); North America (1NO39); Caribbean (1CA06); Latin America (1LA15))

Courtney Cox Baby Pictures- Right to Privacy?

Last week, I was forwarded an email with pictures of Courtney Cox, David Arquette and their baby apparently at their child's Christening.  When I looked at the pictures, I was thinking to myself, "this is not right, these pictures are so personal, there is no way they intended for these pictures to be given out to the public."  And then the next day, I read an article saying that Courtney and David are threatening a lawsuit, claiming they have a right to privacy, and also that anyone who published the pictures would be in violation of copyright infringement.  I am just not sure how a right to privacy case would come out for them, considering their celebrity status.  Anyway, just curious to know if other people saw the pictures, and what they thought about it?

http://www.entertainment.news.com.au/story/0,10221,15038039-7485,00.html

A Horror Fans Look At Clear Play

It has been a long time coming but  a Horror Channel may be coming to a cable box near you. They already have a web site up which comments from time to time on recent developments in horror films or related topics. This is an editorial from the site that sees Clear Play Technology as a way for films makers to be as bloody as they want to be as long as when the film is later released people can have the opportunity to watch a more sanitized version of the film. Although much of the article is tongue and cheek there is tones of approval of the Clear Play method from the dedicated film fan. Not as something that he would use or touch for that matter but instead something that would provide a safe harbor for all those clamoring for less violence and get out of his respective face. The piece tries to turn the tables on preconceived notions that it is those who want violence in their films who have the problem rather then those trying to censor it. The writer sees Clear Play as way for those censors to have it there way while staying out of the way.

http://www.horrorchannel.com/modules.php?op=modload&name=Sections&file=index&req=viewarticle&artid=7&page=1