Second Circuit Revives Iron Man Theme Copyright Infringement Suit Against Sony
A recent Second Circuit opinion has revived songwriter Jack Urbont’s copyright infringement claim against Sony Music Entertainment, Razor Sharp Records, and rapper Dennis Coles (popularly known as Ghostface Killah). Urbont had brought suit in 2011 against Coles, along with Sony and Razor Sharp, alleging that Coles had improperly sampled Urbont’s “Iron Man Theme” (“Theme”) on
Stevens v. Corelogic, Inc.: Automated Metadata Scrubbing Does Not Violate CMI Provisions of the DMCA
In Stevens v. CoreLogic, Inc., the U.S. District Court for the Southern District of California examined § 1202 of the Copyright Act, a part of the Digital Millennium Copyright Act protecting the integrity of copyright management information (“CMI”), and held that unintentional removal of metadata embedded in a photograph does not violate the statute.
CDAS Brings in Lindsay W. Bowen to Expand its Copyright, Entertainment and Litigation Practice
Cowan, DeBaets, Abrahams & Sheppard LLP (CDAS) is expanding its litigation, entertainment, and intellectual property practice with the strategic hire of litigator and entertainment attorney Lindsay W. Bowen, who has joined the firm as a partner. Lindsay’s practice focuses on the interplay between creativity and technology. He represents individuals and companies, from household names to
Supreme Court Determines Objective Reasonableness Should Receive Substantial Weight in Assessing Fee Awards under the Copyright Act, But Not to Exclusion of Other Factors (Kirtsaeng v. Wiley)
For the first time in twenty-two years, the U.S. Supreme Court, in an opinion issued yesterday, addressed the question of when an award of attorney’s fees is appropriate under the U.S. Copyright Act. According to the Court, the objective reasonableness of a losing party’s legal positions should be given substantial weight within a broader analysis
#TRADEMARKS: Registration of Hashtag Marks
The #hashtag, once confined to Twitter, has become ubiquitous across virtually all social media platforms. The hashtag (formerly known as the “pound” sign) has revolutionized the way information is organized, discovered, and shared online. Social media users use hashtags – i.e., a keyword or phrase preceded by the hashtag symbol (#) – to identify social
CDAS Client Alert: Federal Trade Secrets Law Provides Potent New Tool For Businesses In Online & Digital Media Space
Yesterday President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”), the culmination of several years of bipartisan efforts to federalize trade secret protection, placing it alongside the federal copyright, trademark, and patent statutes. The DTSA – an extension of the Economic Espionage Act of 1996 – should be significant, generally, to businesses concerned
CDAS Files Amicus Brief in Kirtsaeng v. John Wiley & Sons (“Kirtsaeng II”)
Yesterday, CDAS submitted an amicus brief in the U.S. Supreme Court in support of the respondent in the case captioned Kirtsaeng v. John Wiley & Sons (“Kirtsaeng II”), which will examine the proper standard for fee awards under the Copyright Act. The brief, filed on behalf of the Copyright Alliance, argues that when determining whether
Ninth Circuit Affirms Dismissal of The Hurt Locker Right of Publicity Claim
The Ninth Circuit, applying California’ anti-SLAPP statute, affirmed the dismissal on First Amendment grounds of Master Sgt. Jeffrey Sarver’s right of publicity lawsuit, in which Sarver claimed that the Oscar®-winning film The Hurt Locker misappropriated his life story. According to Sarver, the film’s main character, Will James, was based on Sarver’s own life and experiences
Client Alert: Lord & Taylor Settles FTC Complaint Alleging Consumer Deception in Connection with Paid Native Advertising
Lord & Taylor has agreed to settle a Federal Trade Commission complaint alleging that the national retailer deceived consumers by paying for native advertisements.
EU-US Safe Harbor Status
I. Introduction In light of the decision of October 15, 2015 invalidating the US/EU Safe Harbor (the “October Decision”), there is uncertainty surrounding compliance with EU Directive 95/46 (the “Directive”), which prohibits “the transfer of personal data to a third country which does not ensure an adequate level of protection.” Although the United States Department