• May 2013 Legal Brief – Firm Newsletter

    May 2013 Legal Brief - Firm Newsletter

    cmandm

    Thursday, May 30th, 2013

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  • Second Circuit Holds that Appropriation Art Constitutes Fair Use

    In a recent decision, Cariou v. Prince1, the Second Circuit held that 25 works of appropriation art that incorporated original copyrighted photographs constituted fair use under the Copyright Act, 17 U.S.C. § 107. Appropriation art is the “more of less direct taking over into a work of art a real object or even an existing work of art.”2 In this action, defendant Prince took Cariou’s photographs and incorporated them into 30 works. Images of the 30 works and the corresponding Cariou photographs used are available through the Second Circuit’s website: http://www.ca2.uscourts.gov/11-1197apx.htm. Cariou sued for copyright infringement and the district court granted Cariou summary ...

    cmandm

    Wednesday, May 29th, 2013

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  • July 21 – New York Civil Practice & Discovery Update CLE

    Please join us on Thursday, July 21 for a complimentary CLE focusing on critical updates to the CPLR and court rules as well as recent case law that significantly impacts New York civil practice and discovery. Taught by two experienced litigators, CMM partners Scott Middleton and Patrick McCormick, the course will cover a wide variety of topics of interest to all who practice in New York State courts including deposition rules, subpoena standards, privilege issues, electronic evidence, and discovery hurdles facing every practitioner. The application for New York accreditation of this course is currently pending. A light dinner will be served.  Thursday, July ...

    cmandm

    Tuesday, May 28th, 2013

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  • I Left a Child Out of My Will. Now What?

    Is this a tragic scenario? Probably not, but it certainly represents what is an entirely avoidable estate planning consequence. Here’s the dilemma. Assume after having your first child, you do the smart, responsible thing — you draft a Last Will and Testament which sets forth your final wishes with regard to the distribution of your estate. Fast forward a couple years and say that your first child now has a sibling and that you unintentionally failed to accommodate for in your Will. OK, one last fast forward in time. Twenty-five years later, despite your best intentions and the daily grind ...

    cmandm

    Tuesday, May 28th, 2013

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  • With a Little Help from My Friends: Study Finds the Roberts Supreme Court the Friendliest Court to Business in Decades

    The decisions of the current Supreme Court are the friendliest to business of any court since World War II, according to a recent study published in the Minnesota Law Review. In “How Business Fares in the Supreme Court,” Lee Epstein, William M. Landes, and Richard A. Posner discuss their analysis of nearly 2,000 decisions from 1946 through 2011. The study considered cases with a business on only one side. A vote in favor of the business was considered a pro-business vote. The authors concluded that five of the ten Supreme Court Justices who have been most favorable to business currently serve on ...

    cmandm

    Tuesday, May 28th, 2013

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  • April 2013 Legal Brief – Firm Newsletter

    April 2013 Legal Brief - Firm Newsletter

    cmandm

    Sunday, April 28th, 2013

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  • License is Required for Playing Music in Public Establishments

    Business owners should be advised that a license is required for any public performance of music. Some owners are unknowingly playing music in their restaurants, bars, gyms, and storefronts from CDs, iPods, or MP3 players in violation of Copyright Laws. What is needed are public performance rights — the right to play music that the general public will hear in one way or another. Public performance rights licenses are handled by two very large companies named ASCAP (American Society of Composers, Authors and Publishers) and BMI (Broadcast Music Incorporated). Each one handles a catalog of about 4,000,000 songs. Their fees depend ...

    cmandm

    Tuesday, April 23rd, 2013

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  • Supreme Court Holds that the “First Sale” Doctrine Applies to Copies of Copyrighted Works Lawfully Made Abroad

    Copyrighted works imported into the United States from abroad are subject to the same “first-sale” rules as items purchased in the United States, according to a Supreme Court decision issued last month (Kirtsaeng v. John Wiley & Sons, Inc., No. 11-697). Supap Kirtsaeng, a citizen of Thailand, came to the United States in 1997 to study mathematics at Cornell University and the University of Southern California. While working on his degrees, Kirtsaeng asked friends and family in Thailand to buy copies of foreign edition English language textbooks in Thailand, where they were sold at low prices, and mail them to him ...

    cmandm

    Sunday, April 21st, 2013

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  • Estate Planning: Does Your 18-Year-Old Need It?

    The quick answer to that question is “yes.” When your child turns 18 years of age, he is considered a legal adult. As such, he should have an estate plan. This includes a health proxy, power of attorney, and even a will or trust. While it is difficult for parents to think about this as being necessary, failure to take these measures can have unexpected or severe consequences. When your child reaches the age of maturity, HIPAA (Health Insurance Portability and Accountability Act) prevents even you, his parents, from obtaining confidential medical information. He needs to have communicated that he ...

    cmandm

    Friday, April 19th, 2013

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  • Death of a Tenant

    Suppose you are a landlord and lease space, commercial or residential, to an individual tenant. Tenant timely pays rent for a while but, suddenly, rent payments stop. Upon investigating, you learn that the tenant has died. Does the death terminate the lease? Is a nonpayment proceeding available to obtain possession of the premises? While not a common occurrence, this simple fact pattern raises several issues regarding when, and against whom, a nonpayment proceeding may be brought. Initially, while perhaps not well known, but certainly well settled, the death of a tenant does not terminate an unexpired lease or the tenant’s leasehold estate. ...

    cmandm

    Wednesday, April 10th, 2013

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Fred Eisenbud