Theater / Dance

Marc Hershberg was cited in the Fordham IPM&E Law Journal

“Anything You Can Use, I Can Use Better: Examining the Contours of Fair Use as an Affirmative Defense for Theatre Artists, Creators, and Producers,” by Benjamin Reiser, Fordham Intellectual Property Media & Entertainment Law Journal, Vol. XXX, No. 3 (2020).  Find the article 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 investment, production and ultimate distribution, securing all necessary rights and negotiating agreements with top-tier talent.

Ben Jaffe joins Joshua Sessler in leading the Digital Media & Technology group that represents top digital talent, including game developers and distributors, digital agencies, production houses, broadband video networks, mobile app developers, podcasters and social media ventures. The group provides counsel to a wide range of social media, transmedia and mobile plays that are using emerging software and hardware technologies to create, develop and distribute content in new ways.


Austin Pendleton, director of acclaimed productions of Uncle Vanya and Three Sisters at the Classic Stage Company, now tackles Anton Chekov’s masterpiece, Ivanov. Ethan Hawke stars as Nikolai Ivanov, Chekov’s first dramatic anti-hero, the financially troubled provincial landowner married to a woman who renounced her family to be with him and now finds herself renounced by him. Ivanov opens Wednesday, October 17 at the Classic Stage Company Theatre. Continue reading

David Mamet’s Glengarry Glen Ross Starring Al Pacino Opens Saturday, December 8

David Mamet’s Glengarry Glenn Ross, starring Al Pacino, begins previews Friday, October 19 and opens Saturday, December 8. The Pulitzer Prize and Tony-winning play follows the lives of four desperate Chicago real estate agents over two days as they descend from lies and threats to bribery and burglary in an increasingly frantic push to sell undesirable real estate to unwitting prospects. Al Pacino was nominated both for an Oscar and a Golden Globe for his turn as Ricky Roma, the hotshot “top closer” in the office, in the 1992 film adaptation. Continue reading

Copyright Office Weighs in on the Copyrightability of Exercise Routines and other Compilations

The Copyright Office issued a statement of policy (37 CFR Part 201), effective June 22, 2012, to clarify the practices relating to the claims in compilations, and in particular claims involving the selection of uncopyrightable subject matter. The definition of a “compilation” in Section 101 of the Copyright Act is a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. Continue reading

Seventh Circuit Nips Brownmark Films’ Copyright Claim “In the Butt”

South Park, the long running television show, is no-stranger to parodies, spoofing everything from High School Musical to The Passion of The Christ. But their humor was not appreciated by Brownmark Films, LLC, (“Brownmark”), who sued the comedy show for copyright infringement when it made fun of its dance video What What (In the Butt) in a 2008 episode. The case is Brownmark Films, LLC v. Comedy Partners, No. 11-2620 (7th Cir. 2012). Continue reading

How Much Is Too Much? Transformative Works vs. Derivative Works: Photographer Wins Appropriation Art Copyright Case

Patrick Cariou, a professional photographer won his case in District Court in New York against well-known appropriation artist Richard Prince and the Gagosian Gallery after several of Cariou’s pieces were appropriated without consent in Prince’s “Canal Zone” series showing at the Gagosian in 2008. Continue reading

Supreme Court to Consider Constitutionality of Act Restoring Certain Foreign Copyrights

On March 2, 2011, the Supreme Court of the United States granted certiorari in a 10th Circuit case to review whether the Court of Appeals correctly upheld the constitutionality of §104A of the Copyright Act, which created or restored U.S. copyright protection to foreign works in 1996 which never had U.S. protections or had earlier fallen into the public domain in the U.S. because they failed to comply with certain formalities of U.S. copyright law. Petitioners claim that the 15 year-old statute violates the Copyright Clause by restoring copyrights of public domain works and violates a First Amendment right to exploit these restored works without permission from the owners. Continue reading