Second Circuit Finds Warhol Artwork of Prince Infringing: Drawing a Line Between Infringing Derivative Works and Transformative Fair Use with Appropriation Art

Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 992 F.3d 99 (2d Cir.), opinion withdrawn and superseded on reh’g sub nom. Andy Warhol Found. for Visual Arts, Inc. v. Goldsmith, 11 F.4th 26 (2d Cir. 2021) The Second Circuit recently upheld its earlier March 26 decision in Warhol v. Goldsmith, following the recent Supreme Court

Ninth Circuit corrects the record on de minimis use in photograph dispute

The Ninth Circuit recently clarified that the de minimis use defense (meaning too minor to constitute an infringement) is not an affirmative defense in a copyright infringement case involving an identical use of a photograph, reversing a finding in favor of the defendant asserting the defense.  Instead, the court stressed that an inquiry into de

#BlackTikTokStrike: How TikTok Dance Creators Can Begin to Protect Their Choreographic Works

The hashtag “BlackTikTokStrike” has been viewed more than six million times on TikTok, a free video-sharing-focused social networking service. TikTok has created superstars like Addison Rae and Charli D’Amelio, but these stars have mostly been white women and girls, and they have often gained notoriety and received millions of views by parroting dance routines primarily

Navigating NFTs: Considering Best Practices and Avoiding Pitfalls

All of a sudden, no one can talk about anything but NFTs!  For those people who have used up all of their tech tolerance on Zoom meetings this year, understanding this latest frenzy can seem like an insurmountable task.  But FOMO tends to be very motivational!  Given that the value of the crypto art market

Law360 Recognizes CDAS LLP As Top Firm For Minority Equity Partners

Cowan, DeBaets, Abrahams & Sheppard LLP has been named to Law360’s annual list of the “Best Law Firms for Minority Equity Partners” for 2019.  CDAS placed ninth among similarly sized firms for having an above the average percentage of equity partners of color for their size. For the rankings, Law360 grouped firms based on their

Recent Developments in IATSE, SAG-AFTRA, and WGA.

IATSE, SAG-AFTRA, and WGA have all been in the news this summer with respect to subscription video on demand (“SVOD”) and ad-supported video on demand (“AVOD”) platforms and the impact the continued growth of those platforms continues to have on the entertainment industry. 2018 IATSE Agreement and the Editors Guild. IATSE leadership reached a tentative

Scott J. Sholder Named a 2018 Law360 Rising Star for Media and Entertainment

Cowan DeBaets, Abrahams and Sheppard LLP attorney Scott J. Sholder has been named a Law360 Rising Star. A Partner at the firm, Mr. Sholder is among one of 168 attorneys included in the full list and one of only 4 attorneys recognized for their dedicated work in the practice area of Media and Entertainment. Law360’s

Examine How the #MeToo and #TimesUp Movements are Impacting Entertainment Contracts

As the #MeToo and #TimesUp movements and their effects continue to unfurl, Hollywood is utilizing legal mechanisms via entertainment contracts to implement and supplement the changing norms, from “morals provisions” to “inclusion riders.” What are commonly referred to as “morals provisions” have a long history in the entertainment industry, but in recent years, have been

Benjamin Jaffe named an “Up Next” Honoree in Variety’s 2017 Dealmakers Report

Cowan, DeBaets, Abrahams & Sheppard LLP (CDAS) associate Benjamin Jaffe was named an “Up Next” honoree in Variety’s “2017 Dealmakers Report.” The highly anticipated feature, published on December 5th, profiled the people behind the most important entertainment industry deals of the past 12 months – executives, lawyers, financiers, entrepreneurs and others from all sectors of