Monthly Archives: March 2013

Entertainment Law Update Podcast Ep. 39 – Holmes, Zorro and the Tin Man walk into a bar…



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In this Episode:

  • Ed Sullivan intro of Jersey Boys is fair use
  • Kirtsaeng – First Sale has extraterritorial effect
  • Sherlock Holmes copyright questions
  • and more…



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U.S. Supreme Court: Foreign Produced copies are subject to First Sale Doctrine

Supreme Court Ruling protects student’s right to sell foreign purchased copies for profit. On March 19, 2013, the U.S. Supreme Court, in an opinion by Justice Breyer, ruled that foreign-made copies of works protected under the U.S. Copyright Act are subject to the “First Sale Doctrine”. The decision comes as a blow to U.S. publishers… Continue Reading

Jersey Boys’ use of Ed Sullivan Clip is fair use

Jersey Boys’ use of Ed Sullivan Clip is fair use Last week, in an interesting (and rare) theatre law case,  the 9th Circuit Court of Appeals affirmed a district court’s judgment in favor of the company producing the Broadway hit musical  Jersey Boys.  SOFA Entertainment, Inc., owner of the Ed Sullivan Show footage had sued… Continue Reading

The Royalty Pool

What is the Royalty Pool? Correction:  ( a typographic error in the mathematics has been corrected below since the original publication of this article) One of the most confusing terms in theatrical production agreements is the discussion of the “Royalty Pool”. This provision in most Broadway and Off-Broadway production contracts, and increasingly in other commercial… Continue Reading

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