Negotiating Digital Distribution Agreements

By Simon N. Pulman Digital and direct distribution options have created new opportunities for producers seeking to leverage multiple platforms to find new revenue streams and audiences for their work. While the traditional “all rights” deal will continue to exist as long as there are major distributors willing to pay a minimum guarantee and give

CDAS To Moderate Two Panels At BookExpo America This Week

CDAS Partner Kenneth N. Swezey will moderate a panel on business opportunities and funding essentials in digital publishing at BookExpo America on Wednesday, May 28th. The event description is below, while additional details can be found here.

How And Why Aereo Got To The Supreme Court

Note: This blog is cross-posted from Law360.com with permission from Portfolio Media, Inc. This spring, the U.S. Supreme Court will hear arguments in a case that could have significant impacts on several segments of the television industry. While it may seem unusual that a dispute centered on dime-sized antennas would capture the attention of the high

Fourth Circuit Holds That Clicks May Transfer Copyright: Metropolitan Regional Information Systems, Inc., v. American Home Realty Network, Inc.

On July 19th, 2013, the Fourth Circuit held for the first time that copyright interests can be transferred electronically under Section 204 (a) of the Copyright Act. The Fourth Circuit’s decision adds to a growing body of law suggesting that an electronic “click” or “tap” can constitute a “signed writing” for purposes of transferring copyright

CDAS Hosts “The Great Fair Use Debate”

CDAS hosted a lively panel on the legal and practical implications on the fair use exemption at our New York office this past Wednesday, June 19th. CDAS partners J. Stephen Sheppard, Nancy E. Wolff andMarc H. Simon were joined by Dennis Reiff, principal at entertainment insurance specialists Reiff & Associates, LLC. The panelists discussed the key issues to be aware

Capitol Records v. MP3tunes: Viacom v. YouTube Causes Court to Reconsider Ruling, Send Parties to Trial

In a decision that is largely favorable to copyright owners, Judge Pauley of the Southern District of New York granted in part a motion by plaintiffs EMI, Inc. and fourteen other record companies (together, “EMI”) requesting reconsideration of its 2011 decision in Capitol Records, Inc. v. MP3tunes, LLC, which dismissed most of EMI’s contributory copyright

Padmapper Case: Craigslist Permitted to Proceed Against Republishers of Its Content

In Craigslist Inc. v. 3Taps Inc. et al., the U.S. District Court for the Northern District of California refused to dismiss many of the claims brought by Craiglist against several republishers of its user content based in part on its broad terms of use, turning on whether user content was exclusive to the online classified

Eleanor M. Lackman Authors Amicus Brief on Behalf of Copyright Alliance in Aereokiller Case

CDAS Partner Eleanor M. Lackman authored an amicus brief on behalf of the Copyright Alliance in the Ninth Circuit case Fox Television Stations v. Aereokiller. In the brief, Ms. Lackman argues on behalf of The Copyright Alliance that The Copyright Alliance argues in the brief that district judge George Wu was correct in granting an injunction against Aereokiller, a service

YouTube Stays Safe under DMCA “Safe Harbor”

For the second time in three years, the U.S. District Court for the Southern District of New York determined, in Viacom v. YouTube, that YouTube qualified for and was shielded from copyright infringement liability by the Digital Millennium Copyright Act (“DMCA”).

CDAS Client 10X Management Featured in Bloomberg Businessweek

CDAS Partner Joshua B. Sessler’s client 10X Management is featured in a great story in Bloomberg Businessweek. 10X represents top freelance software programmers, pairing them with Silicon Valley companies, negotiating their salaries, and helping to manage their finances.