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
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
Contractual Disruptions: How They Arise and How to Prepare
With the recent spread of the novel coronavirus COVID-19 and its unprecedented precipitation of social-distancing, work-from-home policies, shelter-in-place orders, and limitations on foreign travel, many individuals may be questioning whether certain contractual obligations are excused. This article provides a primer on the contract concepts of force majeure, impossibility and impracticability, and related provisions that affect,
Nancy Wolff Fields Questions from the Digital Media Licensing Association (DMLA) on Copyright & Artificial Intelligence (AI)
Having recently attended a symposium co-sponsored by the United States Copyright Office and the World Intellectual Property Organization on Copyright & Artificial Intelligence, Nancy noted that as AI infiltrates modern life, the effects on the content licensing industry, creators and copyright will be enormous. Read all about it here.
CDAS Partners Briana C. Hill and Benjamin Jaffe Named Co-Chairs of the Entertainment and the Digital Media & Technology groups, respectively.
Briana Hill, Co-Head of the Beverly Hills office of Cowan DeBaets Abrahams & Sheppard LLP, joins Fred Bimbler and Simon Pulman in leading the firm’s Entertainment group, which includes televison (traditional to broadband), streaming, film, new media, talent, theatre and podcasting. The group assists clients with their entertainment projects through early development, the solicitation of
Top Five List: Protecting Your Podcast (and You)
Although podcasts have been around in one form or another since the early aughts, their ubiquity and popularity has skyrocketed in recent years. Apple, Spotify, Pandora, Google, and Stitcher, among other platforms, have changed the game when it comes to distribution, variety, and access. Wildly popular programs like Serial, Pod Save America, My Favorite Murder,
Fox Television Stations, Inc. et al. v. Filmon X LLC, et al.: Another victory for content providers in the ongoing saga of internet re-transmission of broadcast TV.
The drama continues to unfold in the world of Internet retransmission of broadcast TV. As we reported here, the Second Circuit on July 16 denied en banc rehearing of its holding that internet re-broadcaster Aereo did not violate TV networks’ public performance rights, despite vigorous dissents from Judges Chin and Wesley. On September 5, the U.S.
Fourth Circuit Holds That Clicks May Transfer Copyright: Metropolitan Regional Information Systems, Inc., v. American Home Realty Network, Inc.
On July 19th, 2013, the Fourth Circuit held for the first time that copyright interests can be transferred electronically under Section 204 (a) of the Copyright Act. The Fourth Circuit’s decision adds to a growing body of law suggesting that an electronic “click” or “tap” can constitute a “signed writing” for purposes of transferring copyright
Eleanor M. Lackman Authors Amicus Brief on Behalf of Copyright Alliance in Aereokiller Case
CDAS Partner Eleanor M. Lackman authored an amicus brief on behalf of the Copyright Alliance in the Ninth Circuit case Fox Television Stations v. Aereokiller. In the brief, Ms. Lackman argues on behalf of The Copyright Alliance that The Copyright Alliance argues in the brief that district judge George Wu was correct in granting an injunction against Aereokiller, a service
CDAS Client 10X Management Featured in Bloomberg Businessweek
CDAS Partner Joshua B. Sessler’s client 10X Management is featured in a great story in Bloomberg Businessweek. 10X represents top freelance software programmers, pairing them with Silicon Valley companies, negotiating their salaries, and helping to manage their finances.