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31 Ent. & Sports Law. 1 (2014-2015)

handle is hein.journals/entspl31 and id is 1 raw text is: 

Risk
Management
for Performance
Venues


Battle over
Marvin Gaye's
Songs


BOOK REVIEW:-
Legal Guide to
Fashion Design


A PUBLICATION OF
THE ABA FORUM ON
THE ENTERTAINMENT
AND SPORTS INDUSTRIES

VOLUME 31, NUMBER 1
MAY 2014
Forum on the
         Entertainment &
AMEICAN B ARA I  Sports Industries


You're Terminated!

Termination and Reversion of Copyright

Grants and the Termination Gap Dilemma
BY PIERRE B. PINE


T     he 1976 Copyright Act went into effect on January 1, 1978. The Act provided
      authors (and some heirs, beneficiaries, and representatives) with the right to
JT terminate prior grants of their copyrights under certain conditions and within
specific timeframes' Beginning on January 1, 2013, many artists and musicians who
transferred their copyright rights after the Act was enacted 35 years ago finally gained
the opportunity to terminate those transfers.
   The purpose and rationale of the termination provisions was clearly equitable in
nature, to allow authors or their heirs a second opportunity to share in the economic
success of their works. The House report accompanying the Act explained that the
provisions were needed because of the unequal bargaining position of authors, result-
ing in part from the impossibility of determining a work's value until it has been
exploited.2 Further, the Congress that enacted the Act specifically recognized the
necessity of safeguarding authors against unremunerative transfers' as justification for
its providing authors with the opportunity to subsequently terminate prior transfers.
   The termination provisions involve very specific and formulaic timeframes and
                                                        CONTINUED ON PAGE 27


Refrain

from Crude

Behavior

The Need for

Journalism Standards

in Documentary

Filmmaking

BY STEPHEN DALY

W        hen acclaimed filmmaker Joe

         Berlingerl released his award-
         winning documentary Crude:
The Real Price of Oil,2 he hoped the film
would shine a light on the plight of a
group of Ecuadorians who had been sys-
tematically poisoned by oil production.3
The film told the story of a group of
Ecuadorians who filed a class-action law-
suit against the oil company Chevron for
contaminating the rainforest.4 Berlinger
spent three years working on the proj-
ect, living and filming among the peoples
of the Amazon.5 He thought his proj-
ect might inspire the public to pressure
Chevron to settle the case.6
   But shortly after Berlinger released
his film, Chevron filed an application to
subpoena Berlinger for the raw footage
of his film. To protect his footage and to
avoid betraying the subjects of his film,
Berlinger claimed he was entitled to the
                 CONTINUED ON PAGE 31


Reality Show
Contestants:
United States
vs. France


Secondary
Market
Ticketing
Wars


Statute of
Limitations
in Nazi Art
Claims


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