The Digital Millennium Copyright Act of 1998 is almost 20 years old, and while the statute hasn’t evolved, the internet has, and with it — albeit at a slower pace — the common law interpreting the DMCA. The scope and applicability of the “safe harbor” provision of the DMCA, 17 U.S.C. § 512(c), has been a hot topic in the federal courts for years, but litigants and courts may be shifting their attention toward less scrutinized areas of the safe harbor.
Read in full here: DMCA 2.0: A Potential Shift In Safe Harbor Jurisprudence
Aileen Atkins, partner and co-head of Cowan, DeBaets, Abrahams and Sheppard LLP’s (CDAS) Corporate Entertainment Practice is featured in Variety’s “2017 Women’s Impact Report.”
Aileen is recognized for her work handling a range of digital and tech clients at CDAS – where four of seven equity partners are women — and for her in-house general counsel roles at Best Buy, Universal Music and Napster.
The “Women’s Impact Report” profiles women — creative talent, entrepreneurs, agents, lawyers, managers, producers, and executives working at studios, networks, in the music and theater industries, and digital media — who have created new initiatives, sealed game-changing deals, or reached an apex in their professional lives that have moved the needle in their business. To read more and view the complete list, click here.
Cowan, DeBaets, Abrahams & Sheppard LLP is expanding its West Coast litigation, entertainment, and intellectual property practice with the strategic hire of a two-person litigation team, led by Carole E. Handler, who joins the firm as a partner in CDAS’s Beverly Hills office as of April 1, 2017.
Ms. Handler is a nationally recognized litigator on copyright, trademark, entertainment, and antitrust cases. She has handled numerous groundbreaking cases throughout her career, representing clients in the motion picture, telecom, fashion, sports, and other industries on matters involving entertainment, copyright, competition, and new media.
Three Cowan, DeBaets, Abrahams and Sheppard LLP (CDAS) attorneys have been recognized in Variety’s “2017 Legal Impact Report:” Frederick P. Bimbler, Eleanor M. Lackman and “Up Next” honoree Simon N. Pulman.
The annual list includes the top entertainment attorneys that have made a significant impact on the industry over the past twelve months. Fred is a partner and a co-head of CDAS’s Entertainment Group and Eleanor is a partner and a co-head of the firm’s Litigation Group, while Simon is an associate in the Entertainment Group.
Fred represents celebrities, producers, writers, directors and financiers in all entertainment arenas – traditional television and streaming entertainment, motion picture, live stage theatre, digital media and e-commerce.
Eleanor focuses her practice on media and entertainment litigation, brand protection and enforcement, and copyright and trademark counseling and strategy.
Simon is a transactional attorney primarily counseling clients in entertainment and media law matters, focusing on interactive entertainment, television, film and publishing transactions.
To read more and view the complete list, click here.
In a ruling from the bench, CDAS client Coed Media Group, LLC (“CMG”) succeeded in securing the dismissal of a copyright infringement lawsuit over a news story reporting on a man who live-streamed the birth of his son on Facebook. Plaintiff Kali Kanongataa accused CMG of infringing the copyright in his home movie when CMG posted a screen grab of a single frame of the 45-minute video on collegecandy.com (and its Pinterest page) to illustrate a story reporting on the newsworthy fact that Kanongataa streamed the video to world. Judge Kaplan of the Southern District of New York, after full briefing and oral argument by the parties, ruled in open court that CMG’s use of the screen grab was both a “fair use” as commentary and criticism, as well as a “de minimis” use that was too small to constitute actionable copyright infringement. The court concurred with CMG that the screen shot constituted approximately .012% of the entire video and was simply too miniscule to be considered “substantially similar” to the video as a whole. The court also dismissed Kanongataa’s claim under the Digital Millennium Copyright Act which accused CMG of removing “copyright management information” from the video, agreeing with CMG that Kanongataa had failed to state a plausible claim that CMG had intended to conceal an infringement. CMG was represented by Nancy E. Wolff and Scott J. Sholder, who argued the motion.
Cowan, DeBaets, Abrahams & Sheppard LLP is proud to be a Platinum Sponsor of INTA’s upcoming “Brands and Fashion” Conference, to be held in NYC March 22-23, 2017. The conference includes two full days of programming covering IP and brand protection strategies, retail trends, issues in advertising, and much more. CDAS is sponsoring the conference in recognition of the firm’s diverse array of clients in the fashion, apparel and jewelry industries. Learn more about CDAS’s fashion and apparel practice here. We hope to see you there!
Eleanor M. Lackman, partner and co-head of Cowan, DeBaets, Abrahams and Sheppard’s Litigation Practice has been named one of “Hollywood‘s New Leaders” in Law and Finance by Variety.
Eleanor’s profile highlights her work as go-to outside IP counsel for digital media clients on copyright, trademark, endorsement, and other related issues in addition to defending high-profile clients in entertainment and sports in IP lawsuits.
Quoted in Variety’s October 18th issue, Eleanor says: “One of the newer and more fun challenges is the need to be able to pivot constantly. On a given day, I may shift from being a fierce advocate to negotiating a business solution to building consensus among my team.”
“Hollywood’s New Leaders” profiles individuals 40 and under who will be steering the industry in the years to come. The list includes creative talent, entrepreneurs, agents, lawyers, producers, publicists, and executives working at studios, networks, and digital media. To read more and view the complete list, click here.
Susan H. Bodine, partner and co-head of Cowan, DeBaets, Abrahams and Sheppard’s Entertainment Practice is featured in Variety’s “2016 Power of Women L.A. Impact Report.”
Susan is recognized for her work representing both individuals — with clients including James Schamus and Jose Padilha — and companies — such as Amazon Studios and A&E Television Networks.
The “Power of Women L.A. Impact Report” profiles women — creative talent, entrepreneurs, agents, lawyers, managers, producers, and executives working at studios, networks, in the music and theater industries, and digital media — who have created new initiatives, sealed game-changing deals, or reached an apex in their professional lives that have moved the needle in their business. To read more and view the complete list, click here.
Fourteen Cowan, DeBaets, Abrahams & Sheppard attorneys were selected for inclusion in the 2016 edition of New York Metro Super Lawyers. Spanning various practice areas, Super Lawyers recognizes the top lawyers in the New York Metro area via a patented multiphase selection process involving peer nomination, independent research and peer evaluation.
Each year, less than 5% of New York City attorneys receive the honor of being named a Super Lawyer and fewer than 2.5% are awarded the Rising Stars distinction. Rising Stars are lawyers who are under 40, or have been in practice for 10 years or less.
In addition to being designated a Super Lawyer again this year, partner Nancy E. Wolff also appears on the Top 50: 2016 Women New York — Metro Super Lawyers and the Top 100: 2016 New York — Metro Super Lawyers lists. Only the New York Metro lawyers who receive the highest point totals during the selection process are further recognized in New York Metro Super Lawyers “Top Lists.” Continue reading
Cowan, DeBaets, Abrahams & Sheppard LLP (CDAS) is expanding its litigation, entertainment, and intellectual property practice with the strategic hire of litigator and entertainment attorney Lindsay W. Bowen, who has joined the firm as a partner.
Lindsay’s practice focuses on the interplay between creativity and technology. He represents individuals and companies, from household names to the up-and-coming, across a wide range of creative industries, including advertising, app development, fashion, film, hospitality, music, podcasting, television, and theatre. Prior to joining Cowan, DeBaets, Abrahams & Sheppard LLP, Lindsay was an attorney in the Content, Media & Entertainment practice of Jenner & Block. There, he represented music, film, television, and theatre clients in copyright ownership and enforcement litigation, royalty disputes, and in the negotiation of a variety of traditional and digital media transactions. Continue reading