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26 Ent. L. Rep. 1 (2004-2005)

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Volume 26, Number 1, June 2004


           International Developments

4   Tennis pro Andre Agassi must pay United Kingdom
    income tax on payments received from Nike and Head
    for tournaments he played in UK, even though neither
    company resides in UK, and even though payments
    were made to corporation owned by Agassi which does
    not reside in UK either

5   Canadian Federal Court rules that peer-to-peer file-
    sharing does not infringe Canadian copyright, so
    Internet service providers do not have to disclose to
    record companies identities of subscribers suspected
    of downloading and uploading unlicensed music
    recordings

6   Australia's Channel Ten may not have infringed
    Channel Nine's copyrights by rebroadcasting clips from
    Nine's programs as part of Ten's roundtable discussion
    program The Panel, High Court of Australia rules

               Washington Monitor

7   Clear Channel agrees to settle all pending FCC
    indecency matters - including two involving the
    Howard Stern Show - by making voluntary
    contribution of $1.75 million to U.S. Treasury, and by
    implementing Compliance Plan that includes training
    and possible suspension and termination of employees

8   Justice Department closes antitrust investigation into
    Movielink online movie download service; Department
    concludes that studio-owned joint venture does not
    harm competition or consumers

8   Publishers and literary agents must report gross
    royalties paid to authors, Internal Revenue Service
    rules

                   In the News

10 Federal court in Los Angeles has jurisdiction over
    Republic of Austria in suit to recover possession of
    Gustav Klimt paintings stolen by Nazis during World
    War II, United States Supreme Court affirms


10 D.C. and Colorado federal courts express different
    views on constitutionality of statute that restored
    copyrights of foreign works that had fallen into public
    domain in United States

12 Ralph Nader defeats Mastercard's trademark and
    copyright case; Nader television commercial aired
    during 2000 Presidential campaign did not infringe
    trademarks or copyright to Mastercard's priceless
    advertisements, federal District Court rules

                   Recent Cases

13 ESPN defeats bid by PlayMakers sports agency for
    preliminary injunction that would have barred ESPN
    from using Playmakers as title for television series
    about professional football players

13 Expert testimony that gross receipts includes value of
    promotional benefits, in addition to cash, created
    disputed issue requiring trial in suit by author Gary
    Wolf against Disney over royalties from Roger Rabbit
    character merchandising, California appellate court
    rules

14 Fox and FremantleMedia win dismissal of idea
    submission lawsuit filed by producer who claims he
    developed American Idol

15 Right of publicity and related state law claims filed by
    recording artist Debra Laws against Sony Music,
    complaining that Jennifer Lopez's recording and video
    All I Have sampled Laws' recording Very Special
    without Laws' consent, are dismissed because they are
    preempted by federal copyright law

16 Record producer was not joint author of songs written
    and recorded by former partner Mike City, nor were
    songs written or recorded as partnership works-for-
    hire, federal District Court rules

16 National Geographic defeats copyright infringement
    claims made by freelance photographers and
    journalists, in cases complaining that their works were
    included in CD-ROMs and DVDs without their consent

                              (Continued on page 3)


In this Issue:


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