Articles
So You Want to Practice Law from Tahiti
by Baruch M. Bebchick
The numerous benefits for clients in utlizing the talents of a remote law firm, as well as key factors for remote practitioners to consider, are explored in this New York Law Journal article.
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Law 101 for Filmmakers
by Baruch M. Bebchick
What basic legal steps should a filmmaker take before jumping into production?
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Copyright Basics for Entertainment Professionals
by Baruch M. Bebchick
A key legal issue regularly encountered by entertainment professionals is how to effectively protect and exploit one’s intellectual property. A good place to start in addressing this issue is to conduct a basic analysis of one’s rights under copyright law.
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Avoid Privacy Law Problems when marketing to children under 13
Total Licensing, Winter 2006
by Baruch M. Bebchick
Marketing to young children and “tweens” via the Internet is a key strategy for many businesses, and increasingly companies are investing in the trademarks, characters, logos and technologies necessary to entice children to visit them online. But marketing to children has become a regulatory hot spot in many countries, and there are important privacy laws you need to consider before launching your campaign. One important privacy law is the United States’ Children’s Online Privacy Protection Act and its implementing rule (“COPPA”).
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Take Six Steps Before Licensing Animated Characters
Total Licensing, Spring 2005
by Baruch M. Bebchick (with Tom Selz)
Licensing animated characters raises a variety of complex issues. For example, what intellectual property rights does the licensor actually control? Is trademark protection available? What definitions will govern payments to the licensor? These are a few of the important questions licensees must consider before licensing an animated character. This article highlights some of the potential pitfalls for licensees of animated properties, and suggests six steps to help maximize one’s investment.
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New FTC Staff Guidance On Multi-Party Commercial E-Mails
by Baruch M. Bebchick
The debate over regulation of e-mail messages containing multi-party advertisements came into sharper focus last month when the FTC staff issued an informal "Guidance." The Guidance clarifies the responsibility of an advertiser who is not the "Sender" of a message which contains advertisements from different companies to a recipient who has given permission to receive advertisements via e-mail. The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 ("CAN-SPAM Act") sets forth specific requirements for sending e-mail advertisements or promotions, but it does not make clear whether advertisers need to independently comply with the Act when they contribute to an e-mail advertisement.
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Federal Regulation: FTC Issues New Anti-SPAM Rule
by Baruch M. Bebchick
The Federal Trade Commission (FTC) has issued a new rule regulating marketers who advertise goods or services via e-mail. Failure to comply can lead to fines of up to $11,000 per violation, civil law suits, and even criminal penalties. Here's a rundown of the new rule and what you have to do to comply.
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law Alerts
Law Alert, May 2011
by Baruch M. Bebchick
In light of the recent massive Sony PlayStation Network hack, we outline the obligations of a systems operator who falls victim to a data breach. And we briefly discuss the significance of a recent U.S. Supreme Court decision which may enable businesses to insulate themselves from class action lawsuits.
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Law Alert, December 2009
by Baruch M. Bebchick
The Federal court for the Eastern District of New York recently ruled that a website's terms of use agreement was unenforceable, since website users were not provided with reasonable notice of its specific terms. This decision may signal a growing trend by courts to distinguish between the enforceability of (i) "clickwrap" website agreements, which require the explicit assent of their terms by website users (most commonly by means of a click-through
mechanism), and (ii) "browsewrap" website agreements, where user assent is deemed to have occurred merely by website use (provided that the terms of use agreement includes notice of such a method of acceptance and there is a link to its text).
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Law Alert, July 2009
by Baruch M. Bebchick
This Alert is intended to briefly update you about recent legal developments ranging from copyright law to corporate compliance. We also follow-up on an article about "finders" (persons engaged to solicit potential investors) in our last Alert, further to a recent SEC Administrative Order regarding this subject. We hope that you will find this Alert instructive, and we look forward to any feedback you might have.
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Law Alert, November 2008
by Baruch M. Bebchick
This Alert briefly address a number of pitfalls that should be avoided when either retaining a "finder" to solicit potential investors or pursuing a "friends & family" round of financing.
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Law Alert, June 2008
by Baruch M. Bebchick
The Federal Trade Commission (“FTC”) recently issued its long-anticipated Final Rule to the Federal anti-spam law – Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM” or “the Act”). The Final Rule provides the most significant guidance of CAN-SPAM
compliance requirements since the FTC’s Notice of Proposed Rulemaking (“NPRM”) issued some three years ago.
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