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18 Ent. L. Rep. 1 (1996-1997)

handle is hein.journals/enterml18 and id is 1 raw text is: 

















At@ves Music PIroadcasflng Theater IPubllshlnu Art Multimedlia Spcrts


Volume 18, Number 1, June 1996


                       Recent Cases

3    Supreme Court declines to hear appeal by music publh
     Bourne Co. from lower court ruling that synchronization agree-
     ments for use of music in 'motion pictures gave Disney the right
     to sell homevideos of Snow White and Pinocchio

4    Florida appellate court reinstates suit against Major League Base-
     ball brought by group seeking franchise for Tampa Bay team; trial
     court's dismissal of tortious Interference and state antitrust
     claims is reversed

5    Amtrak did not violate First Amendment rights of artist Michael
     Lebron when it refused to permit him to display a political photo-
     montage on Penn Station's Spectacular billboard, because Am-
     trak's refusal to permit political displays on the Spectacular is
     reasonable and viewpoint neutral, federal Court of Appeals rules;
     Supreme Court denies cart

6    Federal court rules that master recordings by The Judds are
     owned by a joint venture between MCA Records and Mike Curb
     (rather than by Curb alone), and that MCA.is entitled to a trial on
     its claim that Curb Infringed copyrights to masters by Bing
     Crosby (and others) when he sub-licensed record companies
     outside the U.S. in alleged violation of an agreement requiring
     him to obtain permission before doing so

8    Musicians may take tax deductions for depreciation of musical in-
     struments, even though Instruments do not have determinable
     useful lives and may have increased In actual value, federal ap-
     pellate courts rule In two cases

9 Registration of copyright to a collecton of songs protects copy-
     right to each individual song in the collection, even If tleas of Indi-
     vidual songs were not listed on registration certificate, federal
     appellate court rules

9    Preliminary Injunctions denied In copyright and trade secret
     cases brought against Internet providers and Washington Post
     by licensee of Sclentology literary works written by L. Ron Hub-
     bard; courts rule that defendants are likely to prevail on fair use
     grounds and because literary works at issue are not secret

10 Constitutionality of federal statute prohibiting radio and TV adver-
     tising for casino gambling is upheld by federal appellate court, in
     case brought by New Orleans broadcasters; contrary ruling by
     federal trial Court In Nevada is disregarded


11 California law requiring specified overtime pay for broadcast in-
     dustry employees, unless they are covered by a collective bar-
     gaining agreement providing for different overtime benefits, is not
     preempted by federal labor law, appellate court rules in case that
     arose because of a gap between NBC and NABET colective bar-
     gaining agreements

11 Appellate court affirms dismissal of defamation case that arose
     from showing a videotape of a Sixty Minutes Australia broadcast
     about the Australian Mr. Bubbles case at a seminar in Califor-
     nia; plaintiff did not have personal jurisdiction over two defen-
     dants who appeared on tape, and comments made by third
     defendant at the seminar were opinion or not made with malice

12   Dismissal of apple growers' product disparagement suit against
     CBS, arising from 60 Minutes report on effects of Alar pesti-
     cide, is affwmed by Court of Appeals

13   Briefly Noted: Forum selection clause In licensing contract; Inter-
     national contract venue; International copyright venue; Trademark
     infringement; Book promotion damages; Unauthorized reception
     of Showtime signals in Canada; Criminal penalties for unauthor-
     ized pay-TV signal decrypton; Cable TV rate regulation; ASCAP
     Consent Decree

                   International Cases

16 British court rules that Robert Godfrey was joint author of six
     songs recorded by band Barclay James Harvest; but Godfrey
     was estopped from revoking implied license granted to band be-
     cause he delayed too long in asserting his rights

                  Washington Monitor

18   United States and China avoid threatened trade war, U.S. Trade
     Rep finds that China is now enforcing 1995 intellectual property
     agreement by cracking down on movie, music and software
     pirates

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