Thoughts and Takeaways from NFT.NYC 2022

NFT.NYC 2022 was a great event with many exciting companies and brands in attendance and many interesting Web3 projects being unveiled.  Below are some thoughts and takeaways on what I learned, what I believe will be taking place in the near future, and some of the Web3 issues that companies, content creators, and brands should

AI ART MODEL CREATES INTERESTING DRAWINGS AND COPYRIGHT PROBLEMS

Craiyon (formerly known as DALL-E mini) is an AI-powered art model that draws collages of images based on, literally, “any prompt” entered by a user. The model’s developers have explained that it was “trained by looking at millions of images from the internet with their associated captions” and that “[o]ver time, it learns how to

Are “#MetaBirkins GONNA MAKE IT”? Hermès, NFTs, and the Rogers Test Collide

There has long been a blurry line at the intersection of trademarks, rights of publicity, and the First Amendment.  Throw in blockchains, NFTs, and high-fashion handbags, and you have a recipe for a final exam-worthy fact pattern perfect for law students versed in Web 3.0. Enter the “MetaBirkins” case.  In this recent headline-grabber, a “marketing

Five Qualities of Next Generation Entertainment Platforms

If your only exposure to TikTok is seeing the occasional funny video pop up on Facebook or watching your nieces studiously rehearse one of Charli D’Amelio’s signature dances, then you could be forgiven for wondering what all of the fuss about a potential ban is about. Likewise, if you’ve heard of Fortnite but you have

When Social Media Finally Holds Feet to the Fire, Trump Fires Back: Undermining the Communications Decency Act’s Safe Harbor by Executive Order

Like most other providers of interactive computer services, such as websites or mobile applications that allow their users to post or contribute their own content, Twitter through its Terms of Service and community guidelines has long prohibited its users from posting or communicating, among other things, defamatory, profane, infringing, obscene, unlawful, exploitive, harmful, racist, bigoted,

Proposed Guidelines for Resumption of Motion Picture, Television and Streaming Productions

Earlier this week, the Industry-Wide Labor-Management Safety Committee Task Force released proposed policies and guidelines for the recommencement of productions, known as the White Paper. As of June 1, the White Paper was submitted to New York Governor Andrew Cuomo and California Governor Gavin Newsom for review. The Task Force, comprised of the Alliance of

Character Exclusivity in Rights Deals

In this increasingly competitive media landscape, companies are seeking to create entertainment brands that can endure, serve as the basis for dozens of hours of content on the new generation of owned-and-operated premium platforms, and extend across various forms of media. However, transmedia deals are seldom straightforward, and may create issues that one is less

“The Good Lord Bird” Trailer Just Released

CDAS represented producer Blumhouse in its deal to acquire rights to the James McBride book, the deal with Ethan Hawke (who stars as abolitionist John Brown), and the deal with Showtime where the miniseries will premiere on August 9. Watch the trailer here.

Content in Quarantine: Copyright Best Practices During a Pandemic

At a time when we are stuck at home, working or “working” (or, sadly for many, not working) the tenet that content is king has never been more relevant.  From Disney+ releasing “Frozen II” and “Onward” early to help placate restless youngsters, to DreamWorks releasing “Trolls World Tour” for “theatrical” in-house rental, to Instagram sensation

Three Tips for Broadway Producers Recording their Shows for Streaming Platforms

Broadway producers interested in recording musicals for streaming platforms should pay attention to a new lawsuit. The complaint was filed by Chapman Roberts, a Broadway music arranger, and alleges that a team of Broadway producers entered into an agreement with the plaintiff in 1994 to make original vocal arrangements of some famous songs from Jerry