By Alvin Benjamin Carter III
This paper will look at how the art of sampling music from one recording and using it to create a new musical work is stigmatized by statute. Artists who engage in this art form must rely on the often-situational defenses of fair use and the recent resurgence of the de minimis exception proffered in the Ninth Circuit’s decision in VMG Salsoul, LLC v. Ciccone which creates a split with the Sixth Circuit’s decision in Bridgeport Music, Inc. v. Dimension Films. The technique of sampling is used in many genres, but the risk of litigation is potentially crippling to many hip-hop artists and producers who may not have the resources to mount a defense, much less pay the statutory damages for infringement which range from $750–$150,000 per infringement . . . Read More
By Michael Stefanilo Jr., Esq.
There is a potential sea change underway in the Commonwealth of Massachusetts relating to the legal standard to be applied when a student sues a municipality or school district alleging sexual harassment against a teacher. Prior to 2016, non-perpetrating municipal defendants have been protected from liability by a heightened standard developed through many years of Title IX jurisprudence. In 2016 and 2017, however, persuasive authority has developed that threatens to dismantle nearly two decades of federal precedent in the school law context, paving way for a weightier standard. The Commonwealth’s “catch-all” anti-sexual harassment statute, chapter 214, section 1C of the Massachusetts General Laws, has become the hot topic of several recent Massachusetts state and federal judicial decisions. . . Read More
By: Ryan McGovern Quinn
In late June, President Trump nominated Marvin Kaplan and William Emanuel to fill vacant seats on the National Labor Relations Board (“NLRB,” or “the Board”). Kaplan is Counsel to the Occupational Safety and Health Review Commission and former Workforce Policy Counsel to the House Education and Workforce Committee, while Emanuel is a shareholder at management-side labor and employment law firm Littler Mendelson, P.C. and a member of the Federalist Society. Kaplan was confirmed by the Senate on August 2, 2017 in a party-line vote, and Emanuel was confirmed on September 25, 2017…. Read More