Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Category Archives: Media and Entertainment

Subscribe to Media and Entertainment RSS Feed

“Hold Up, Wait A Minute”: D.C. Circuit Rejects Copyright Board’s Categorical Exclusion of Internet Transmissions from Grandfathered Royalty Rates

On August 18, the D.C. Circuit directed the Copyright Royalty Board (“CRB”) to reconsider what royalties are owed to artists by Music Choice for its streaming services, vacating the final determination of the Copyright Royalty Board.  In the Court’s view, the CRB wrongfully excluded internet transmissions from the grandfathered royalty rate paid by some music … Continue Reading

Second Circuit Finds Use of “Who’s on First” Routine Not to Be Fair Use

The U.S. Court of Appeals for the Second Circuit, in a unanimous 3-0 ruling, decided that a Broadway play’s verbatim performance of a full minute from the iconic Abbott and Costello routine, “Who’s on First,” in a scene between an introverted, small-town boy and his demonic sock puppet, was not transformative or otherwise fair use … Continue Reading
LexBlog