The United States Constitution contains provisions that support the right to a trial by an impartial jury in both criminal and civil cases. As the Sixth Amendment explicitly states, “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein … Continued

In May 2019, French actress Eva Green (“Casino Royale,” “Penny Dreadful,” “300: Rise of An Empire”) was hired to star in “A Patriot” (the project), a U.K. film project that collapsed shortly before filming was to start. By October of that year, the project’s American bridge lender (the bridge lender) sought return of Green’s $1 million pay-or-play fee, leading … Continued

Joel L. Hecker1 In a decision dated May 18, 2023, the U.S. Supreme Court affirmed the Second Circuit Court of Appeals decision, which found that the Andy Warhol Foundation (AWF) had infringed Lynn Goldsmith’s copyright in her photograph of the musical artist Prince. The decision set new parameters for evaluating the first fair use factor … Continued

Nearly four decades ago, technocratic visionary James Cameron gave the world a rather ominous taste of artificial intelligence (AI) by way of The Terminator. Skynet, the AI system of the future, sends Arnold Schwarzenegger’s gun toting cyborg to the year 1984, on a mission to kill Sarah Connor and initiate the extinction of the entire human … Continued

In the world of immigration, specifically, U.S.-based immigration, there is rarely ever a quiet moment. This often includes humanitarian aspects, like temporary protected status (TPS), and the like; other times, things that might not ordinarily seem related to immigration. As a result of all of this, in this edition of Sports and Entertainment Immigration, we are … Continued

In SOCAN v. ESA,1 the Supreme Court of Canada (SCC) ruled on the interpretation of the making available right in § 2.4(1.1) of the Copyright Act of Canada.2 Citing the principle of technological neutrality, the SCC rejected the proposition that two separate royalties are payable for the making available and the streaming of a work. Instead, the SCC … Continued

I. Introduction In the opening scenes of Joseph Losey’s film “Monsieur Klein,” set in Nazi-occupied Paris during World War II, the titular Gentile character, Robert Klein, is seen making a lowball offer to buy a painting from a Jewish man, who is attempting to raise funds for his escape from Europe.1 Not in a position to … Continued

Resolution Alley is a column about the use of alternative dispute resolution in the entertainment, arts, sports, and other related industries. With historical origins in the commercial and global trade arena, arbitration is generally intended to be a voluntary, consensual, and private adjudicatory process for dispute resolution. The parties engage a neutral, disinterested third-party (called … Continued

I hope everyone enjoyed their summer. EASL has been busy working on fall events and the January 2024 Annual Meeting. This is my final Remarks From the Chair, as my term will finish at the end of January 2024, soon after the year’s Annual Meeting. It has been a true pleasure to serve as chair … Continued

For many decades, courts have bemoaned the frequency at which they are presented with ill-conceived copyright infringement claims predicated “upon that obsessive conviction, so frequent among authors and composers, that all similarities between their works and any others which appear later must inevitably be ascribed to plagiarism.”1 This problem has been compounded by the digital revolution’s … Continued