Legal Publications

 

Access educational articles written by Lowe & Associates attorneys below

Daily Journal


Death Of Copyright: The Sequel

 

Death Of Copyright: The Sequel

 

The Computer & Internet Lawyer (September 2012)
Written by Steven T. Lowe and Daniel Lifschitz

“Death of Copyright, the Sequel” picks up where 2010’s seminal “Death of Copyright” left off, taking a second look at the alarming decline of copyright as a viable avenue of protection for screenwriters against artistic misappropriation. In addition to a fresh critical analysis of the federal courts’ mishandling of copyright law, the article also examines the rise of “idea theft” claims as a copyright substitute, which have their own unique set of perils and pitfalls for the unwary plaintiff.


Death Of Copyright

 

Death Of Copyright

 

Los Angeles Lawyer (November 2010)
Written by Steven T. Lowe

A copyright infringement claim used to be a viable avenue for a screenwriter who had a significant portion of his screenplay plagiarized by a film studio or television network to seek remuneration. However, over the last two decades, the studios and networks have prevailed in virtually all copyright infringement cases brought against them (approximately 50 are identified in the article), most being dismissed at the summary judgment stage of litigation. Under the current state of copyright law, it is virtually impossible for a screenwriter to win, or even get their case in front of a jury. As the article explains, unless something about the current system changes, author-oriented copyright protection has (for all intents and purposes) been laid to rest.

 

Steven T. Lowe on “The Death of Copyright” – October 27, 2011


Drafting Tips For Transactional Attorneys

 

Drafting Tips For Transactional Attorneys

 

Los Angeles and San Francisco Daily Journals (March 2010)
Written by Steven T. Lowe

This article contains multiple informative tips and pieces of advice for transactional attorneys from the standpoint of a litigation attorney.


Royal Treatment

 

Royal Treatment

 

Los Angeles Lawyer (June 2006)
Written by Steven T. Lowe and Abhay Khosla

This article identifies multiple sources of income for artists and writers in the music industry, and explores the various claims that may be asserted to collect these royalties.


Credit Where Credit Is Due

 

Credit Where Credit Is Due

 

Los Angeles Lawyer (December 2004)
Written by Steven T. Lowe and Abhay Khosla

This article explores the state of the law entitling creators to credit for their work in the entertainment industry, looking in particular at the impact of the United State Supreme Court’s ruling in Dastar Corp. v. Twentieth Century Fox Film Corp. (2002) on the use of trademark claims.


Pre-emptive Strike

 

Pre-emptive Strike

 

Los Angeles Lawyer (March 2003)
Written by Steven T. Lowe

This article has been cited in judges’ opinions and the 2006 Harvard Law Review, primarily on the issue of whether an implied contract claim is preempted by the federal copyright act. The article concludes that it is not preempted, a conclusion affirmed by the Ninth Circuit years later in the 2011 case of Montz v. Pilgrim Films & Television Inc.

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