Articles/News

Jan 20 2023

Paying Post-Termination Streaming Royalties to Creators and Their Heirs Is “Common Sense”: Recent Comments on the Proposed Rule on Termination Rights Under the Music Modernization Act

The policy of the Mechanical Licensing Collective (MLC), which was created by the recent Music Modernization Act to handle streaming rights and income, has been to pay these royalties to the terminated publishers who originally entered into the streaming agreement. In response to this policy, the Copyright Office proposed a new rule (87 FR 64405, […]

Jan 9 2023

In Memoriam Wilfrid F. Roberge, Jr.

It is with great sadness that we announce that our colleague and friend, Wilfrid F. Roberge, Jr., passed away on December 18, 2022 at the age of 83. Wil served for two years as an enlisted attorney with the U.S. Army after graduating from Stanford Law School. Following his service in Vietnam, Wil joined legacy […]

Dec 20 2022

Associate Nathan Desai Joins Donahue Fitzgerald

Nathan joins Donahue Fitzgerald’s Business and Corporate and Real Estate practice. He assists clients on litigation and transactional matters, including real estate acquisitions, business disputes, and commercial agreements. While in law school, Nathan was a director of the Berkeley Law Workers’ Rights Clinic and a senior executive editor of the Berkeley Journal of Employment and […]

Dec 20 2022

Partner Denae H. Budde Joins Donahue Fitzgerald

Denae joins Donahue Fitzgerald’s Real Estate, Business and Corporate, and Litigation practices. Her practice emphasizes real estate and business transactions and provides effective resolution of litigation matter and trial if the matter cannot be resolved. Having tried over fifty cases to verdict uniquely equips her in drafting agreements so that they are self-executing to avoid disputes […]

Dec 1 2022

Tootsie Roll Obtains Dismissal of a Class Action

In 2021, a complaint was filed against Tootsie Roll, alleging violations of federal and state law arising from the use of partially hydrogenated oils (also known as “trans fats”) in Tootsie Roll’s products between 2010 and 2016. The plaintiff sought restitution and damages in the amount of $140 million, alleging the use of trans fats […]

Nov 22 2022

How US franchises are weathering the storms of the Turbulent Twenties

The 21st century’s answer to the Roaring Twenties of the 20th century might well be called the Turbulent Twenties – at least thus far. The last three years have been punctuated by extreme business disruptions, kicked off by the global pandemic in 2020, which forced business closures for the first time in living memory, crippled […]

Nov 17 2022

How TikTok and the music industry are bound to each other as ‘frenemies,’ even as they battle over licensing

In the article, Daniel is quoted around the context of music publishers looking at YouTube as a model for TikTok and taking a similar approach. YouTube used to be protected by the “safe harbor” provision of the Digital Millennium Copyright Act, regularly avoiding liability for hosting unlicensed copyrighted content in its videos. However, YouTube’s relationship […]

Nov 3 2022

Donahue Fitzgerald Ranked in Top Tier of 2023 “Best Law Firms”

Firms included in the 2023 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. To be eligible, a firm must have a lawyer listed in The Best Lawyers in America®, which recognizes the top 5 percent of private practicing attorneys in the U.S. Achieving a tiered ranking […]

Oct 5 2022

Politicians Don’t Always Need Musician Approval to Use Songs in Ads, but They Need to Buy the License

Excerpted from the article: “In the United States, music is protected by copyright, which means anyone who wishes to use a song must obtain a license. The type of license varies depending on how the song is being used. To add music to your political ad – or any other video – you must obtain […]

Aug 18 2022

Donahue Fitzgerald Attorneys Recognized in the Best Lawyers in America® 2023 Edition

Dawn Newton, Franchise Law Kristin A. Pace, Tax Law Merrill J. Schwartz, Corporate Law, Trusts and Estates Philip M. Jelley, Tax Law Wilfrid F. Roberge, Jr., Trusts and Estates Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. The Best Lawyers in America rankings are […]