Moving the Needle Part II: Court Inks Decision in Favor of Defendants in Solid Oak Sketches, LLC v. 2K Games, Inc. (S.D.N.Y.)
Four years ago, we reported on a headline-worthy copyright infringement lawsuit filed in the U.S. District Court for the Southern District of New York dealing with tattoos in video games. The case was brought by a licensing entity for tattoo artists against the makers of the popular NBA 2K games over depictions of real-life basketball
Gray v. Perry: The Pendulum Swings on Copyright Infringement Verdict against Katy Perry
Following hot on the heels of the Ninth Circuit’s en banc decision clearing Led Zeppelin of copyright infringement allegations relating to the classic “Stairway to Heaven” (which we reported here), a California federal judge last week overturned a jury’s finding of copyright infringement against Katy Perry regarding the pop hit “Dark Horse.” Songwriters still nervous
Ninth Circuit Rules in Favor of Led Zeppelin, Laying A New Foundation for Music Cases to Follow
When the full Ninth Circuit Court of Appeals on en banc rehearing issued its opinion in the appeal of the widely reported Led Zeppelin Stairway to Heaven case on March 9, 2020, the court took a substantial step in providing guidance for future copyright infringement claims based on allegations of “substantial similarity” between songs. The
Judge in Amateur Photojournalism Case Rejects Lack of Originality Argument
In a decision that will likely be seen as a victory for photojournalism, a judge in the Eastern District of New York recently rejected the legal argument that an iPhone photograph, taken by a passerby who was in the right place at the right time, lacked originality. The decision represents a turn away from what
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 Attorneys Author “Copyright 2020: Law & Practice” Chapter for Chambers & Partners
Nancy Wolff, Scott Sholder, Sara Gates and Elizabeth Altman collaborated on this comprehensive discussion of current copyright law: what copyright is, how it works, what can/cannot be copyrighted, how it may be managed, what are the exceptions, and how to preserve copyright protection. Also addressed is copyright infringement, litigation and enforcement. Read the chapter here.
The New Documentary Market: Four Tips to Prepare
One thing is clear from Sundance 2020: the current market for documentary and quality unscripted projects is extremely strong. Among several eye-catching deals, the $10m paid by Apple to acquire the documentary “Boys State” matched the sum paid by Netflix to acquire “Knock Down the House” in 2019. Concurrently, premium cable outlets and SVOD platforms
Lessons From Sundance 2020: Festival Trends and Predictions
Amid concerns over a weak market and the impact of streamers on the independent film industry, the 2020 Sundance Film Festival closed with the exhibition of several highly anticipated films, some record-breaking sales and the upsurge of important new deal makers. See below for some key trends that emerged from this year’s festival. Slower Initial
Legal and Ethical Considerations for Your True Crime Podcast
Imagine you’re sitting on the next big true crime hit. The nonfiction genre has ballooned in recent years across media, particularly in the podcasting space where production costs are relatively low and there are fewer gatekeepers to content distribution. Long gone are the days when the choice was among America’s Most Wanted, 20/20, Cold Case
Fair Use in Gaming Content – FAQS For Creators
Fair use is one of the most important – and most misunderstood – concepts in the area of copyright law. It is an important concept for anyone who is using content owned by third parties – which includes anyone who livestreams gaming, creates “let’s play” videos or otherwise uses gaming assets and branding. Unfortunately, there