foundations Flashcards
contract law
(i.e. recording agreement, digital distribution agreement, syndication agreements)
intellectual property law
Copyright (musical composition, motion picture, television show)
Trademark (a name or logo)
Right of Publicity (the right of an individual to control commercial use of name, image or likeness)
employment law
(i.e. employees at a record label)
agency law
(i.e. agents, managers, lawyers)
labor law
unions, such as the American Federation of Television and Radio Artists, Screen Actors Guild, American Federation of Musicians)
music industry players
Major and independent record companies Music publishers Recording artists Composers Managers Booking Agents Attorneys ASCAP, BMI, SESAC, HFA, SoundExchange Unions (AFTRA, UFM)
music industry deals
Record contracts
Music publishing agreements
Management agreements
Various licenses and other agreements
film and tv players
Motion picture distributors Major and independent studios Broadcast entities Producers Directors Actors Agents Unions (SAG)
film and tv deals
Production contracts
Distribution agreements
Collective bargaining agreements (unions)
Exhibition agreements
literary publishing players
Authors
Literary agents
Publishers
literary publishing deals
Publishing agreements
Various licenses
sources of law in the us
Constitutions
Statutes
Case Law
Administrative Regs
diff between law and equity- begin a proceeding
law:
intiate a lawsuit
equity:
file a petition
diff between law and equity- parties
law:
plaintiff and defendant
equity:
petitioner and respondent
diff between law and equity- remedy sought by the injured party
law:
sum of money for damages to comepnsate for the loss sustained
equity:
enforcement of a right (specific perforamcne) or the prevention of further violation of a right (injunction)
diff between law and equity- reason remedy is sought
law:
money adequately repays the injured party for a loss
equity:
damages are difficult to measure in money terms; therefor an award of money to an injured party would be unfair
diff between law and equity- decision on the remedy is made
law:
by a judge or jury
equity:
soley by a judge (with an advisory jury in some states)
diff between law and equity - legal name for the decsion
law:
judgment/order
equity:
decree/order
diff between law and equity - remedy enforced
law:
execution of a judgment initiated by the plaintiff
equity:
contempt proceedings initiated by the plaintiff if the defendant fails to perform
role of the us judiciary
Judicial Branch of the US government settles disputes by interpreting and enforcing law.
Courts impose punishment (criminal cases) or award damages to the injured party (civil cases).
structure of the us judiciary
Federal court system established by the U.S. Constitution and Congress
State and local court system established in each state under state law
Levels of courts (federal and state):
Trial courts
Intermediate courts (appeals)
Courts of last resort
state trial courts of general jurisdiction
Trial courts of general jurisdiction:
Broad authority to hear any civil or criminal case other than those that belong in court of limited jurisdiction
In New York, these courts are called the supreme court and the district court
types of state trial courts
trial courts of general jurisdiction and trial courts of limited jurisdiction
trial courts of limited jurisdiction
Trial courts of limited jurisdiction: Small claims court Traffic court Minor civil and criminal cases Probate court Commercial claims court
appeals court and court of final review
Appellate = Review.
Mistakes of law?
Arguments generally made by written brief.
Opportunities for successful appeal are limited and very costly.
The New York court of final review is called the Court of Appeals
federal court structure
U.S. Supreme Court is the highest court in the federal judiciary.
Trial courts and appellate courts are under it.
Under those are the specialized courts with limited jurisdiction.
federal trial courts
U.S. District Courts.
Both general and original jurisdiction.
Each state has at least one district court, including bankruptcy court.
Federal issues and diversity of citizenship.
supreme court
Highest court in the land.
Findings are virtually final
Writ of certiorari: grants permission for a case to be heard by the U.S. Supreme Court.
There is no absolute right of appeal to this court.
primary steps in a civil lawsuit
injury to plaintiff -> plaintiff consults attorney -> plaintiffs attorney issues complaint and summons to defendant -> defendants attorney files answer -> pretrial proceedings -> trial by judge or jury -> decision by judge or jury verdict -> judgment entered in court record -> appeal filed by losing party
results, first step: plaintiff does nothing
results, pretral proceedings: case settled without a trial
civil procedures
Complaint. Answer. Pretrial proceedings. Trial. Judgment. Appeal.
how a law suit begins
How a lawsuit begins:
Summons.
Complaint.
Answer.
summons
Summons: written notification to the defendant that a lawsuit has been filed.
complaint
Complaint: document listing the details of a lawsuit being filed and the relief sought.
plaintiff
Plaintiff: one who brings a legal action.
defendant
Defendant: party against whom criminal charges or a lawsuit is brought.
answer
Answer: formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
pre-trial proceedings
Before trial, both parties have a chance to develop their case.
Motions.
Discovery.
Pretrial conference.
motion
Motion: request to a judge for a ruling on a point of law.
summary judgment
Summary judgment: motion for immediate judgment filed by either plaintiff or defendant, based on the information in the complaint and the answer.
alternatives to litigation (ADR)
Some alternative dispute resolution (ADR) programs:
Arbitration
Mediation
Minitrial, summary jury trial, private trial
Informal settlement between the parties
arbitration
Arbitration: nonjudicial determination of a dispute by a third party (called an arbitrator) rather than by a judge or jury.
The arbitrator’s decision can be binding or non-binding, depending on what has been agreed to.
You will often see arbitration provisions in contracts. These clauses require the parties to submit any contract dispute to arbitration instead of starting litigation.
legal remedies
Compensatory. Consequential. Punitive. Nominal. Liquidated.
compensatory damages
Damages awarded to the injured party as compensation for a direct (actual) loss or injury caused by the breach of contract are called compensatory damages.
mitigation
Mitigation: attempt to hold damages down once a breach of contract occurs.
consequential damages
Consequential damages: indirect damages awarded for breach of contract because they were or should have been forseeable by the breaching party.
punitive damages
Money damages awarded to the injured party in the contract to punish the breaching party for wrongful conduct and to deter similar future conduct by that party are called punitive damages (or exemplary damages).
nominal damages
Nominal damages: damages awarded for breach of contract when no real loss or injury occurs.
liquidated damages
Liquidated damages are reasonable damages agreed to by the parties in advance. The existence of and amount of liquidated damages are set out in the contract.
equitable remedies
Injunction
Specific performance
Rescission
injunction
Injunction: court order forbidding a party from doing a certain act.
An example of when an injunction might be appropriate is when a company has a website where copyrighted works are being distributed without license or other authorization.
specific perforamnce
Specific performance: court order requiring a party to carry out a contract according to its original terms.
