At the Crossroads - Los Angeles County Bar Association

THE MAGAZINE OF THE LOS ANGELES COUNTY BAR ASSOCIATION

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MAY 2014 / $4

EARN MCLE CREDIT

Copyright Law Meets New Technologies

page 23

PLUS

Right of Publicity

page 36

Termination of Copyright

page 10

Taxation of Art

page 13

Unauthorized Use of Trademarks

page 30

At the Crossroads

Los Angeles lawyer Shaun Clark discusses the considerations involved in brand integration deals page 18

A NEW VISION FOR THE FUTURE

NEW PROFESSIONAL DEVELOPMENT GRADUATION REQUIREMENT

Fowler School of Law has implemented a new program designed to instruct students on the importance of professionalism.

NEW CURRICULUM

We have created a curriculum that emphasizes advanced drafting, practical training, clinical courses, externship experiences, and sophisticated bar preparation.

NEW FACULTY

Even before receiving news in Summer 2013 of our $55 million endowment, Chapman University's Fowler School of Law was committed to hiring top scholars and leading practice-focused specialists. Last fall, we added four new full-time professors.

You Are Invited

August 4 through September 26

Fowler School of Law invites you to meet our impressive candidates. Come interview during our Fall Recruitment Program or collect resumes for fall, spring, summer, and post-graduate positions.

Lan Cao

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Samuel Ernst

Assistant Professor of Law

For more information, or to register, contact Joan Seguin, Law Recruitment Manager: 714.628.2626 or seguin@chapman.edu

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F E AT U R E S 18 At the Crossroads

BY SHAUN CLARK

Scripted and reality television, music videos, motion pictures, and video games are among the media to be considered for brand integration deals

23 Copyright Capabilities

BY ANDREW M. WHITE AND JOSHUA M. KEESAN

Two recent copyright cases involve the safe harbor defense and the right of public performance Plus: Earn MCLE credit. MCLE Test No. 235 appears on page 25.

30 Making the Mark

BY LEE S. BRENNER AND AUDREY JING FABER

A trademark owner does not have the right to control all depictions of the mark on film and television

36 Other People's Personas

BY MARK S. LEE

Courts have created eight tests for reconciling the right of freedom of speech to the intellectual property rights of others

Los Angeles Lawyer the magazine of

the Los Angeles County Bar Association May 2014 Volume 37, No. 3

COVER PHOTOGRAPH: TOM KELLER

LOS ANGELES LAWYER (ISSN 0162-2900) is published monthly, except for a combined issue in July/August, by the Los Angeles County Bar Association, 1055 West 7th Street, Suite 2700, Los Angeles, CA 90017 (213) 896-6503. Periodicals postage paid at Los Angeles, CA and additional mailing offices. Annual subscription price of $14 included in the Association membership dues. Nonmember subscriptions: $28 annually; single copy price: $4 plus handling. Address changes must be submitted six weeks in advance of next issue date. POSTMASTER: Address Service Requested. Send address changes to Los Angeles Lawyer, P. O. Box 55020, Los Angeles CA 90055.

DE PARTM E NTS

9 Barristers Tips Adding value to large-scale litigation as a junior associate

BY JOHANNA JACOB

44 Closing Argument How a private jury trial worked for my client

BY ROY JIMENEZ

10 Practice Tips Negotiating contracts involving copyrights subject to termination

BY BERNICE CONN AND DAN STONE

42 Index to Advertisers 43 CLE Preview

13 Tax Tips Estate and tax guidance for artists and collectors

BY BRADFORD S. COHEN, SARAH M. JOHNSON, AND

05.14 CHARLES K. KOLSTAD

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