Diritto d’autore tra cover e rielaborazioni musicali creative: spunti di riflessione in vista della quarta serata del festival di Sanremo

Siamo ormai prossimi alla attesa “serata cover” della kermesse sanremese, in cui gli artisti in gara si esibiranno in duetto con cantanti esterni nella performance di brani tratti dal repertorio musicale nazionale e internazionale.

L’occasione offre spunti di riflessione interessanti sulla tutela autoriale dei brani musicali reinterpretati da chi non ne è l’autore o l’interprete originale, in particolar modo quando l’utilizzatore del brano altrui non si limiti a riprodurlo pedissequamente, ma lo rielabori imprimendovi una propria impronta personale.… Read the rest

Nomination v. Succession – SC Finally Settles the Debate

Nomination v. Succession – SC Finally Settles the Debate

Historical Background

The longstanding debate on the conflict between the rights of nominees and legal heirs over the devolution of shares has always been the cause of much controversy and confusion despite the settled legal position holding the legal heir as the ultimate rightful owner of the property. A nominee can act only as a trustee on behalf of the legal heir and hold such property until a conclusive decision on the matter of succession is reached.[1] However, the introduction … Read the rest

COURT OF APPEAL SUMMARIES (January 29 – February 5)

Jump To: Table of Contents | Civil Decisions | Short Civil Decisions

Good evening.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 29, 2024.

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Congratulations to Blaneys’ own Anthony Gatensby and Kathleen Lefebvre who were successful in responding to an appeal about whether a commercial landlord’s insurer was permitted to bring a subrogated claim against its tenant for negligence in causing a fire. The Court affirmed

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5 Trends to Watch: 2024 UK Financial Services Regulation

1. Final rules expected on non-financial misconduct: The genesis of the UK Financial Conduct Authority’s (FCA) interest in “non-financial misconduct” was a letter from the FCA to the Parliamentary Women and Equalities Committee in September 2018 concerning sexual harassment in the workplace. Since that time, the FCA’s intentions and views on the topic have only been ascertainable through its Final Notices and Upper Tribunal decisions. Usually relating to serious misconduct, including criminal offences, those decisions have not always … Read the rest

Walking Jay Leno’s Path: The Family Member in Decline

In each instance where we write about the domestic problems of the rich and famous we try to note that their resources make their lives and their choices inherently different. Last year we covered the Costner divorce and the fight over whether reasonable needs of children included a beachfront house in Malibu.

Friday’s news about comedian Jay Leno is a case where fame and fortune offer no difference between their lives and ours. Mr. Leno filed a petition in California … Read the rest

Anatomy of a fraud series – Powers afforded by search and imaging orders

Search orders

Search orders are a form of interim, mandatory injunction which require a respondent to allow the applicant’s representatives to enter the respondent’s premises and search for, copy and remove documents or material for the purpose of preserving evidence and/or property which is or may be subject to an action. 

Search orders are, therefore, considered to be one of the most draconian orders a court can make, and particularly so as a respondent may be held in contempt of … Read the rest

For Limited Use Only: Guidance on National Security Delay Determinations under the SEC Cyber Reporting Rule

On December 12, 2023, the Department of Justice (“DOJ”) issued guidance related to the process by which companies may request the United States Attorney General authorize delays of cyber incident disclosures, pursuant to a new Securities and Exchange Commission (“SEC”) rule. As a reminder, the SEC rule (which went into effect on Dec. 18, 2023) requires companies to disclose material cyber incidents via Form 8-K within four days of making a materiality determination. Our colleagues previously discussed the SEC rule … Read the rest

Regulatory framework governing ‘foreign contributions’: Ambiguity leading to excessive stringency

Regulatory framework governing ‘foreign contributions’: Ambiguity leading to excessive stringency

The Foreign Contribution (Regulation) Act, 2010, and the rules framed thereunder regulate ‘foreign contribution’. This post examines how heightened policing calls for stringent compliance by entities receiving ‘foreign contribution’.

Evolving regulatory framework for ‘foreign contributions’

The first law to regulate ‘foreign contributions’ in India, the Foreign Contribution (Regulation) Act of 1976 (“Old Regime”), was passed during the Emergency to safeguard against the misuse of ‘foreign contributions’ for activities that may be detrimental to ‘national security’.[1] This was thereafter … Read the rest