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NYSBA SUMMER 2006 | VOLUME 17 |NO. 2 Entertainment, Arts and Sports Law Journal A publication of the Entertainment, Arts and Sports Law Section of the New York State Bar Association Letter from the Chairman The feedback from my first porations. While the majority of our members are locat- appearance on this page in the ed in New York City and around the state, we also have Spring 2006 edition was truly members in twenty-eight other states and twenty coun- gratifying, and I want to thank tries, with significant representation in Canada, China, the many of you who responded most European countries and the UK, Japan, Korea and so positively and warmly. throughout the Pacific Rim. We plan to include more specific information about who we are and where we Since becoming Chair, I have are as part of an EASL Section annual report and direc- learned a number of things tory in a future issue of the Journal. about our Section. We have a large and active membership, The job of keeping Section membership relevant and Alan D. Barson with lawyers occupying every useful to most, if not all of you belongs to the Section’s corner of the entertainment, art leadership, which comprises its elected Officers and Dis- and sports law fields, at every level, from law students trict Representatives, and seventeen appointed Commit- and first-year attorneys to senior partners at leading tee Chairs. Based on the comments I have been receiv- national and international firms and senior legal and ing, we seem to be moving in the right direction. business affairs executives at multinational media cor- However, there are a number of areas where we can Inside Editor’s Note re: Plagiarism ................................................................ 3 The Reporter’s Privilege: Are Bloggers Protected? ........................ 29 (Elissa D. Hecker) (Ryan Malkin) NYSBA Guidelines for Obtaining MCLE Credit for Writing ..........4 Originality Standard as Applied to Photographs and Law Student Initiative .......................................................................... 5 Other Derivative Works: A Need for Change............................ 37 (Justin Pats) Pro Bono Update.................................................................................... 6 Despite Enthusiasm of Vocal Supporters, New State The Phil Cowan/BMI Scholarship ......................................................8 “Truth in Music Advertising” Acts Make It Difficult Copyright Infringement—When Does It Accrue? ............................9 to Sing Their Praises ...................................................................... 46 (Joel L. Hecker) (Matthew David Brozik) Knocking Out Inequity: Problems and Prospects of The Da Vinci Code Case Stretched Legal Thinking on Unions in Boxing............................................................................ 11 What Can Be Protected by Copyright ........................................ 51 (David J. Kozlowski) (John T. Aquino) Art as Wealth: Frequently Asked Questions About Volunteer Lawyers for the Arts ..........................................................56 Estate Planning for Art Collectors .............................................. 21 (Gerald Morlitz and Elizabeth E. Nam) WWW.NYSBA.ORG/EASL improve and one of them is keeping you up-to-date sional organizations charge for comparable (and some- with enhancements to your membership. For example, times not comparable) programs. Yes, the EASL Section you already know how great a resource the EASL Jour- is highly competitive on price. We can be because our nal is, but did you know that every issue going back six Section and its committees are not required to make a years is posted on the EASL Section’s web site profit from hosting meetings (“revenue neutral” is the (www.nyeasl.org)? More than that, did you know that term we use). Thus, what you pay to attend a program the entire archive is searchable? What good is a great or meeting is essentially what it costs to organize it. resource if you can’t find what you are looking for? How can you go wrong? Well, now you can. Take a look, and while you’re there, Some of the initiatives I would like to give priority take a look at some of the other offerings on our (your) to during my chairmanship were discussed in the web site. And please tell us what you like, don’t like or Spring ‘06 issue. Now I am asking for your support in think we can do better. Even though we are constantly implementing them. For example, we need to grow the tweaking it, your input will make a real difference. Section’s membership. The greater our numbers, the You probably received the e-mail message and greater our strength. And the stronger we are, the more snail-mail letter regarding complimentary access to we can achieve, not just for ourselves and our clients, Loislaw. But did you sign up? If not, it only takes a sec- but for the profession and public as well. So please, ask ond, and you will immediately begin receiving yourself, if EASL Section membership is valuable to abstracts (with links to the full text) of court decisions you, might it not also be valuable to several of your col- that are relevant to your practice area. We have devel- leagues? There is nothing more persuasive than hearing oped a search string that is continually being refined, so about the benefits of membership from a trusted friend while the service is already very good, it will improve. or colleague. Please help us grow stronger by spreading You can sign up by clicking on: www.nysba.org/caseal- the word. erts. Since this is an exclusive member benefit, you will Hopefully, Bar Association dues will not be a barri- need to log in using your NYSBA member user name er to joining or remaining an EASL Section member. and password. The next screen will give you the oppor- However, for those facing uncertain economic condi- tunity to opt in to this new service, confirm the e-mail tions, the NYSBA sponsors a Dues Waiver Program, address to which you want the e-alerts sent, and select details of which can be found at www.nysba.org/ the practice area of your choice. Shortly thereafter you dueswaiver. For Section-wide programs, scholarships will begin receiving case alerts at the e-mail address are usually available too, and details are provided in you designate. the program announcements. Being part of a strong Many of you responded positively to the electronic professional organization can play an important role in version of my first letter, some by saying you liked career development, particularly during periods of hearing about Section activities. This is fine, but a far transition or other challenging times. If this speaks to better way for you to stay informed and involved, you, please don’t hesitate to take advantage of these which is both easy to do and won’t cost you a dime, is benefits. Complete confidentiality is assured. to join a few committees. It’s becoming my mantra, but Another initiative where your support is essential it really is the best way to get the most out of your is helping our Section become more diverse. And I am EASL Section membership. With the convergence our talking about ethnic diversity. The Section is relatively industries have undergone over the last decade, it diverse by gender, age and, it seems, geography, but we makes sense to sign up with several of the committees. fall well short when it comes to ethnic diversity. This is Go to: www.nyeasl.org and click on the Section and becoming another mantra of mine. The EASL Section’s Committee Membership button link on the left. You membership and leadership should reflect, at least, the will find comprehensive information about the Section’s diversity in our respective industries. Right now, it committees, as well as a description of all of the pro- doesn’t, and this is wrong. Please support this impor- grams offered going back to the beginning of 2005, tant initiative by spreading the word and getting which will give you an idea of what to expect in the involved. future. (You may also find a few programs you’ll kick yourself for having missed.) By signing up with multi- Finally, at a recent Section Leader’s Conference ple committees, you will receive timely notification of organized by the NYSBA, I learned that fully twenty committee offerings, most of which include CLE credits percent (!) of EASL Section members have not supplied and pretty decent lunches. the NYSBA with their e-mail addresses. Since many of our announcements are now sent only by e-mail, please But wait—there’s more! Our CLE meetings and consider furnishing your e-mail address so we can programs are priced at a fraction of what other profes- (continued on page 3) 2 NYSBA Entertainment, Arts and Sports Law Journal | Summer 2006 | Vol. 17 | No. 2 Editor’s Note re: Plagiarism It seems that far too often a I am interested in receiving articles from and/or news piece appears, stating how opening a discussion with you, the EASL Journal’s read- an author (whether he or she is ership, as to these and other issues. a novice or veteran) has lifted passages and/or the expression THE NEXT EASL JOURNAL DEADLINE IS of ideas from another’s work. In FRIDAY, SPETMEBER 15, 2006 addition, from what has been Elissa reported recently, it appears that the act of plagiarizing term Elissa D. Hecker of the Law Office of Elissa D. papers and reports is quite com- Hecker, located at 90 Quail Close, Irvington, NY monplace among high school 10533, practices in the fields of copyright, trademark and college students, with emergency faculty commit- and business law. Her clients encompass a large spec- tees forming at various schools in attempts to quell trum of the entertainment and corporate worlds. In such behavior. addition to her private practice, Elissa is Immediate Past Chair of the EASL Section. She is also Co-Chair What does this do to the quality of literature, acade- and creator of EASL’s Pro Bono Committee; a frequent mia and professional journals? What are some possible author, lecturer and panelist; a member of the Copy- solutions to the problem? Why do authors (prominent, right Society of the U.S.A (CSUSA) and a member of student or otherwise) plagiarize, even if the chance is the Board of Editors for the Journal of the CSUSA.

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