Published Articles
“New Kinds of e-Commerce”
E-Commerce Law & Strategy, Vol. 23, No. 4. published Sean F. Kane's article "New Kinds of e-Commerce".
August 31, 2006
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Published Articles
Made in the USA
Reacting to consumers' concerns about issues such as unemployment, the trade deficit, and world events, advertisers often want to market their products as have been "Made in the USA." If you’re planning to make patriotic claims for one of your clients, it’s important that you understand Federal Trade Commission rules on when you can say that a product is American-made. Read more.
August 17, 2006
Published Articles
“Asset Creation, Seclusion And Money Laundering In The Virtual World”
Internet Law & Strategy published Sean F. Kane's article "Asset Creation, Seclusion And Money Laundering In The Virtual World".
July 31, 2006
Published Articles
“Protecting Your Client’s Motion Picture Investment”
The New Jersey State Bar Association published Sean F. Kane's article "Protecting Your Client’s Motion Picture Investment" in the "Business Law" section of its Vol. 30, No. 1 publication.
July 31, 2006
Published Articles
Software and Software Tools
Technology has brought about many changes to the advertising industry. However, the provisions of the typical advertising service agreement have not evolved to accommodate these changes. In particular, the ownership, intellectual property and indemnification provisions of many agreements between agencies and advertisers have not been adapted to accommodate the change in the services that the agencies provide. View Article
July 24, 2006
Published Articles
What’s in a Name?
The Deli Magazine published Christopher Chase's article "What's in a name?". Read more.
July 14, 2006
Published Articles
Makers of “Grand Theft Auto” Settle FTC Charges
The makers of the "Grand Theft Auto: San Andreas" video game, Take-Two Interactive Software, Inc. and Rockstar Games, Inc., recently settled Federal Trade Commission charges that they deceptively marketed the game by failing to disclose to consumers that it contained hidden content. FTC File No. 052 3158 (June 8, 2006). Read more.
June 16, 2006
Published Articles
Who Owns Online Content and Who Should Own It - A Lawyer’s Thoughts on Five Online Content Scenarios
The combination of ubiquitous online social networking and Web 2.0 is fueling the latest online intellectual property confrontation between content companies and internet users. In an interesting twist, though, this time the content is being created by the internet users themselves. Read more.
June 7, 2006
Published Articles
Food for Thought
The National Advertising Division recently told Dr. Pepper Seven Up, Inc. that advertising for its 7UP PLUS soda, which is made with real fruit juice, was misleading because of the real fruit that was shown. Read more.
April 17, 2006
Published Articles
“Can The Grokster Settlement Close Pandora’s Box?”
Internet Law & Strategy, Vol. 3, No. 12 published Sean F. Kane's article "Can The Grokster Settlement Close Pandora’s Box?"
December 31, 2005
“Can The Grokster Settlement Close The File-Sharing Pandora’s Box?”
e-Commerce Law & Strategy, Vol. 22, No. 8 published Sean F. Kane's article "Can The Grokster Settlement Close The File-Sharing Pandora’s Box?"
December 31, 2005
Published Articles
Nintendo Entertainment System – Expired Patents Do Not Mean Expired Protection
Gamasutra published S. Gregory Boyd's article "Nintendo Entertainment System – Expired Patents Do Not Mean Expired Protection". View Article
November 11, 2005
Published Articles
“International Film Production Incentives”
Entertainment Law & Finance, Vol. 21, No. 7 published Sean F. Kane's article "International Film Production Incentives".
October 31, 2005
“Inside Grokster”
Sean F. Kane contributed to "Inside Grokster" an Internet Law & Strategy Virtual Roundtable, which was published in August/September 2005 by Internet Law & Strategy, Vol. 3, No. 8A.
September 30, 2005
Published Articles
“Virtual Worlds And Digital Rights ....”
Internet Law & Strategy, Vol. 3, No. 9 published Sean F. Kane's article "Virtual Worlds And Digital Rights, Can Stealing An Online Gamer’s IP Or Magic Sword Mean Real-World Legal Hot Water?".
September 30, 2005
Published Articles
Doing a Remake?
Alka-Seltzer recently launched a remake of its famous "Try it, you'll like it" commercial from the 1970s. The new commercial takes the old favorite about a restaurant patron who was encouraged by the waiter to eat - "try it, you'll like it" - and updates it with "My Life on the D-List" star Kathy Griffin. We've had the "New Love Boat" and "Superman Returns," so why not bring back old favorites in the commercial world as well? Read more.
September 17, 2005
Published Articles
Inspired By Someone Else’s Work?
When developing advertising concepts, creatives get their inspiration from many sources. But when the inspiration comes from other creative works, such as a preexisting photograph or television show, there’s a risk that you may infringe upon the original creator’s rights. A recent decision by a federal court in New York illustrates just how easy it is to run into trouble. Read more.
September 16, 2005
Published Articles
“A Primer On Protecting Investments In Motion-Picture Productions”
Entertainment Law & Finance, Vol. 21, No. 4 published Sean F. Kane's article "A Primer On Protecting Investments In Motion-Picture Productions".
July 31, 2005
Published Articles
Taming the Champerty Beast: A Proposal for Funding Class Action Plaintiffs
Being a plaintiff's class action lawyer can make you very rich, but no one ever said it was easy. You first have to find willing class representatives with a decent claim. But class representatives generally lack the resources to pay the enormous expenses of moving the case forward, so you have to fund the cases yourself or get other lawyers to help. Meanwhile, deep-pocket defendants often use their superior resources to turn the case into a battle of attrition. Read more.
July 28, 2005
Published Articles
Bringing on a New Director?
Last month’s LegalEase discussed some of the mistakes that directors make when joining a production company. When negotiating with directors, production companies can make many missteps as well. Read more.
July 16, 2005
Published Articles
Signing With A Production Company?
In addition to seeing some terrific work, the audience at SHOOT’s New Directors Showcase, held a few weeks ago at the DGA Theater in New York City, heard directors, production company heads, and others talk about the many challenges of building a new director’s career. Without a doubt, if you’re a director, building a reel, finding a production company, and getting good work isn’t going to be easy. Read more.
June 16, 2005
Published Articles
Can Reading This Help You Lose Weight?
After years of litigation, California infomercial producer Modern Interactive Technology, Inc., along with its two principals, recently settled charges by the Federal Trade Commission that they participated in developing deceptive claims used to sell weight loss products. Read more.
May 15, 2005
Published Articles
Getting Paid Late?
Earlier this year, SHOOT reported that the AICP revised its Guidelines to address concerns in the production community about late payment by advertising agencies. The AICP now recommends that production companies assess finance charges on all payments that are more than thirty days overdue. Read more.
April 15, 2005
Alerts: Employment Law
Executive Compensation: Avoid Unnecessary Taxes on Restricted Founders Equity
Start-up companies typically issue restricted stock to founders pursuant to Internal Revenue Code ("IRC") Section 351. To encourage founders to remain with the company, start-ups often attach vesting provisions to the stock. Managing the vesting of founders equity can be tricky, and simple mistakes can create significant, unanticipated income tax liabilities. One common error we've seen occurs when such founders fail to "elect" to pay income tax at the time of the issuance under IRC Section 83(b). This article identifies this trap and helps you avoid it. Read more.
April 7, 2005
Published Articles
Doing A Product Placement?
Responding to a complaint brought by Commercial Alert in late 2003, the Federal Trade Commission recently said that it has decided not to require advertisers to disclose product placements in television programs at the time that the product appears on screen. Read more.
March 5, 2005
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