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HTMLSupreme Court Again Limits Which Statutes Are "Jurisdictional" Absent a Clear Indication by Congress or Previous Supreme Court Authority
Linda T. Coberly, Steffen Johnson, Brook R. Long, Gene C. Schaerr; Winston & Strawn LLP;
Legal Alert/Article
March 30, 2010, previously published on March 2010
The Supreme Court recently issued another in a series of rulings limiting when a statutory requirement operates as a constraint on the federal courts’ jurisdiction. In Reed Elsevier, Inc. v. Muchnick, the Court considered this question in the context of a provision in the Copyright Act...


HTMLMachinima: Machine + Cinema
Judy Suwatanapongched; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 25, 2010, previously published on March 16, 2010
If you’ve ever seen clips of Halo avatars discussing how they are stuck in a canyon with the enemy camp, or watched the South Park episode where the main characters play World of Warcraft, then you’ve experienced a genre of film called “machinima.” The term...


HTMLIn the Netherlands, Journalists Obtain the Right to Protect Their Sources
Jan Janssen; Crowell & Moring;
Legal Alert/Article
March 9, 2010, previously published on February 4, 2010
In the Netherlands, the Council of Ministers decided to legally define the right of journalists to protect their sources.


HTMLCitizens United V. Federal Election Commission is a Major Vindication of the First Amendment
Charles L. Babcock; Jackson Walker L.L.P.;
Legal Alert/Article
March 9, 2010, previously published on March 1, 2010
President Obama mocked the decision. An ABC News/Washington Post poll found that 80 percent of Americans were opposed to the ruling, including 65 percent who strongly oppose it with "an unusually high intensity of sentiment," according to the poll. One commentator said this ruling was...


HTMLBe Aware of These Common Copyright Myths
Alan J. Hartman, Katie N. Koch; Dressman Benzinger LaVelle psc;
Legal Alert/Article
January 28, 2010
A copyright is a property right in an original work of authorship fixed in a tangible medium of expression. Copyright protection is mandated by the United States Constitution and has evolved as technology has progressed, enabling the transmission of works in ways our founding fathers could never...


Adobe PDFIAB and AAAA Develop New Online Advertising Standard Terms and Conditions Regarding Data Use and Ownership
Nigel L. Howard, Lisa A. Schwartz; Covington & Burling LLP;
Legal Alert/Article
January 26, 2010, previously published on January 13, 2010
Nearly eight years after the release of Version 2.0, the Interactive Advertising Bureau (IAB) and the Association of American Advertising Agencies (AAAA) have released Version 3.0 of their Standard Terms and Conditions for Internet Advertising for Media Buys One Year or Less (the “Standard...


HTMLFine Art Prints in California: Having the Right Paper Matters
Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 22, 2010, previously published on January 7, 2010
In recent years, the production of multiples from an original work of art, especially fine art prints, has become a major business in the art world. What distinguishes a mere poster from a valuable, collectible, fine art print, is usually the scarcity and quality of the work in question. In other...


HTMLFTC Guidelines May Create Company Liability for Employees' Online Endorsements
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 5, 2010, previously published on January 4, 2010
In October 2009, the Federal Trade Commission (FTC) issued final guidelines, which became effective on December 1, 2009, regarding the use of “endorsements and testimonials” in advertising. “Guides Concerning the Use of Endorsements and Testimonials in Advertising,” 16 CFR...


HTMLSmart Phones, eBook Readers, and the Same Old, Same Old
Andrew Updegrove; Gesmer Updegrove LLP;
Legal Alert/Article
December 17, 2009, previously published on December 11, 2009
Ah yes -- "The more things change, the more they stay the same." Isn't that how the old saw goes? Or, in the more impatient parlance of today, simply "Same old, same old." So perhaps it should be no surprise that the old proverb would also hold true in the rough and tumble world...


HTMLWaiting at an Unmarked Crossroads: The Google Book Settlement Postponed
Paul E. Thomas; Fredrikson & Byron, P.A.;
Legal Alert/Article
November 30, 2009, previously published on October 2009
One indicator of a rapidly changing industry is a wary unwillingness of the participants to define the basic terms of their own industry. One such term in the publishing industry is “eBook.” These days, eBook is generally taken to mean an electronic version of a traditional printed...


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