LISA ALTERAlter Kendrick & Baron
The distinct best important acknowledged development of the accomplished decade has been the acknowledgment of the artistic association to the alteration agenda landscape. The access of the Music Modernization Act was easily bottomward the best cogent aldermanic development for our industry of the accomplished 10 years. While elements of the MMA arguably did not go far abundant in attention artistic interests, the accomplishing of the act will hopefully pave the way for broader aegis for the rights of songwriters and music publishers — the authors and gatekeepers of conceivably our greatest civic treasure, our songs.
ANDREW BRETTLERLavely & Singer
I don’t apperceive if all ball attorneys would agree, but I can acquaint you one change in the accompaniment law that has a abundant appulse on my business is the California legislature’s contempo prohibition of arcane settlements in assertive affairs involving animal aggravation and animal assault. Preventing parties from entering into arcane settlements hurts both abandon in a altercation and discourages alert and fair resolution of acknowledged claims. Not alone does it accomplish it beneath acceptable that defendants will accede to achieve such cases, but additionally it discourages plaintiffs from gluttonous redress in the aboriginal abode because they may not appetite their claimed grievances aired publicly. I anticipate it’s one affair that both the aegis bar and the plaintiff’s bar can (or should) accede on. Unfortunately, as of January 2018, the rules changed. I accept the California statute is unconstitutional, as it prohibits parties from entering into arms’-length agreements with one another.
ILENE FARKASPryor Cashman
One of the better acknowledged developments of the accomplished decade may be the assured and all-important acceptance of alive as the capital way bodies adore music, and the charge for an improved, added cellophane way to atone songwriters and their publishers for agenda alive and downloads. The Music Modernization Act, which was active into law in October 2018, is advised to improve absorb issues accompanying to the agenda administration of music and added adequately atone songwriters, while additionally creating a federal accessible achievement appropriate (and accompanying compensation) for pre-1972 recordings. This is a cogent change for songwriters, users of music and for almanac labels and recording artists.
JAMIE FELDMANLichter Grossman Nichols Adler Feldman & Clark
I would say the adventure of the decade is in abounding agency a acknowledgment to a abundant earlier archetypal — a scattering of giant, able companies gluttonous to lock up aptitude in abiding affairs with absolute buyouts, as adjoin to alleviative aptitude as accurate partners. The numbers are bigger, but the abstraction is advantageous a bacon rather than activity into business together.
BERT FIELDSGreenberg Glusker
The acceleration and change of new and altered agency of watching dramas, e.g., alive and after mini-watching. I ask my Stanford Law School chic anniversary year how they primarily appearance films. This year, no one in the chic said “in theaters.”
PATRICIA GLASERGlaser Weil
The #MeToo movement including innocent as able-bodied as accusable people. That needs to be advised and anniversary case needs to acceleration or abatement on its merits. Also, we're in a new age in agreement of the aggregate of assets for the conception of product. There are a amazing cardinal of administration outlets and a amazing cardinal of bodies who are able to get paid for bearing allusive product.
SHAWN HOLLEYKinsella Weitzman Iser Kump & Aldisert
The deluge of #MeToo cases — civilian and criminal, filed and unfiled — which arose out of the Harvey Weinstein allegations are at the top of my account of noteworthy acknowledged developments. As far as the bent law is concerned, the Los Angeles County District Attorney’s Office accustomed a Hollywood Task Force, fabricated up of acclimatized DAs and badge detectives who thoroughly investigated, actively advised and anxiously advised anniversary and every accusation of animal barbarism adjoin a celebrity — no amount how continued ago the conduct allegedly occurred or how doubtful the allegation. As far as the civilian law is concerned, plaintiffs' attorneys apery those authoritative such allegations relied aloft a altitude which advantaged their audience — alike back they didn’t accept the facts or the statute of limitations on their side. Also, amendments in the approved law — arising out of the Weinstein aspersion — fabricated it abundant added difficult to boldness these cases, admitting the admiration of both parties to do so.
ELEANOR LACKMANMitchell Silberberg & Knupp
In my view, the best important action of the accomplished decade has complex the appliance of the Absorb Act at the analytical circle of ball and technology. The long-running Viacom v. YouTube case, for example, helped appearance the law about user-posted content, while the battleground Aereo and ReDigi cases grappled with how the law activated to new agency of arresting content, revisiting decades-old accoutrement accompanying to accessible performance, the first-sale article and approved licenses. These rulings appearance that, as agreeable commitment continues to aggrandize and technology rapidly evolves, providers charge advance a abysmal compassionate of absorb law and policy.
JEREMIAH REYNOLDSEisner
I anticipate the best important case is Petrella v. Metro-Goldwyn-Mayer, Inc., where the Supreme Court disqualified that the article of laches cannot bar a plaintiff alleging absorb contravention from gluttonous amercement for infringements falling aural the three-year limitations aeon of the Absorb Act. This cardinal has accustomed absorb plaintiffs who accept sat on claims for many, abounding years to nonetheless accompany claims, like the affirmation for contravention based on “Stairway to Heaven.” You’re activity to see abounding analogously old claims be brought in the abutting decade, decidedly claims based on earlier agreeable recordings and compositions.
ROMAN SILBERFELDRobins Kaplan
The best important ball accommodation or case of the aftermost decade is, unquestionably, the Celador v. Disney case. [Editor's note: Silberfeld represented Celador.] Approved in 2010 and affirmed on address in 2013, Celador charcoal today the better accumulation accord adjudication in Hollywood history. The amercement paid were $319 million. The issues approved were about whether, accustomed the amazing success of the television appearance Who Wants to be a Millionaire?, the studio’s accounting practices had unfairly cheated the creators of the show. The board begin that this did in actuality occur, that the accounting practices were suspect, that the estimation of arrangement agreement offered by the flat were absurd and not constant with industry norms. Celador has spawned a cardinal of later-filed cases which accept acclimated the ‘playbook’ aboriginal developed in Celador, and these added cases accept done so successfully. Today, accumulation accord disputes abide and studios are able-bodied acquainted of what a board is acceptable to acquisition if reasonable adjustment offers and negotiations are not pursued to boldness these disputes.
BRYAN SULLIVANEarly Sullivan Wright Gizer & McRae
The “Blurred Lines” case opened the aperture for plaintiffs’ attorneys, sometimes apery absolutely alien artists, to booty on cases adjoin music behemoths for accepted ambit progressions. All of the #MeToo cases accept been appealing important, as well.
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