Recent Bills Affecting the Entertainment and Arts Industries
Cheryl L. Davis, Co-Chair of the Diversity Committee of the NYSBA Entertainment, Arts & Sports Law Section, writes: 2017 was eventful on a number of fronts, not least of all in terms of legislation affecting the entertainment and arts industries.
January 19, 2018 at 02:00 PM
3 minute read
2017 was eventful on a number of fronts, not least of all in terms of legislation affecting the entertainment and arts industries. On Oct. 4, 2017, a bipartisan bill was introduced: the Copyright Alternative in Small-Claims Enforcement Act of 2017 (CASE). CASE would establish a “small” copyright claims tribunal in the U.S. Copyright Office, giving small copyright holders a much-needed tool to combat copyright infringement without having to bear the expense of going to federal court—which we know can be an extremely expensive proposition for even the most straightforward case of infringement.
If the bill passes, individual creators and other small copyright owners will not be forced to hire a lawyer (which some readers might deem a drawback) or go to federal court. Proceedings would be conducted remotely so that claimants do not have to travel. Damages in such cases would be limited to $15,000 per act of infringement with a $30,000 maximum, and injunctive relief would not be available.
Under CASE, participation in the tribunal would be on a voluntary basis and would not interfere with either party's right to a jury trial. Some of the changes made to last year's version of the bill include the addition of provisions (1) requiring the Copyright Office to expedite certificates of registration (a prerequisite to starting a copyright action) for parties with a matter before the small claims court, and (2) allowing a copyright holder to request a subpoena compelling an Internet service provider to disclose the identity of a user accused of infringement. The latter provision would be a boon to creators, among others, in their long-running fight against Internet piracy.
The Music Modernization Act (another bill introduced with bipartisan support) was introduced on Dec. 21, 2017. While it was still hot off the presses as of this writing, the stated goal of the bill is to “provide clarity and modernize the licensing system for musical works.” According to Sen. Collins, the bill's lead co-sponsor, “[o]nly by ushering music licensing into the twenty-first century can we promote artistry and its appreciation long into the future, and that's exactly what we're doing with the Music Modernization Act.” The bill calls for, inter alia, the creation of a “Mechanical Licensing Collective” (MLC) by copyright owners which would grant blanket mechanical licenses for interactive streaming or digital downloads, and create a database including “unmatched” works (where the copyright owner has not been identified or located), permitting copyright owners to claim their songs and collect royalties accordingly. We will review the bill in greater detail and continue to monitor its progress.
The passage of the recent new tax bill is expected to affect the incomes of many Americans—and entertainers and artists in particular. Our division (as well as all the rest) will continue to monitor the situation so we can keep our clients duly advised.
Cheryl L. Davis is the general counsel of the Authors Guild. She was previously a partner at Menaker & Herrmann, where her practice focused on intellectual property and employment issues. Diane Krausz, chair of the Entertainment, Arts & Sports Law Section, thanks the author for drafting this article.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrending Stories
- 1No Two Wildfires Alike: Lawyers Take Different Legal Strategies in California
- 2Poop-Themed Dog Toy OK as Parody, but Still Tarnished Jack Daniel’s Brand, Court Says
- 3Meet the New President of NY's Association of Trial Court Jurists
- 4Lawyers' Phones Are Ringing: What Should Employers Do If ICE Raids Their Business?
- 5Freshfields Hires Ex-SEC Corporate Finance Director in Silicon Valley
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250