Eleanor M. Lackman Invited as Guest Writer on SCOTUS Blog
CDAS partner Eleanor M. Lackman was featured as a guest writer for the Supreme Court of the United States Blog. Her post, “Symposium: Preferring substance over form and nature over manner, Supreme court finds that Aereo runs afoul of the purposes of the Copyright Act,” can be found below and on SCOTUSblog.com.
U.S. Supreme Court Clarifies and Simplifies Standards for Ability to Bring Section 43(a) False Advertising Claims
High Court Resolves Circuit Split on “Prudential Standing” to Bring False Advertising Claims Under the Lanham Act: Lexmark Int’l, Inc. v. Static Control Components, Inc., No. 12-873 (2014) In what has become rare in recent years, the Supreme Court issued a unanimous opinion, this one deciding the proper test for what is often called “prudential”
Fight for the Fiend Skull Glenn Danzig v. Gerald Caiafa, et al. (C.D. Cal. 2014)
A legal battle is brewing: punk/heavy metal icon Glenn Danzig has sued his former Misfits bandmate, renowned bassist and singer Gerald “Jerry Only” Caiafa, for violations of various Misfits trademarks and logos. Following in the footsteps of Black Flag the filed complaint is another example of former bandmates’ battles over merchandise that remains profitable long
Negotiating Digital Distribution Agreements
By Simon N. Pulman Digital and direct distribution options have created new opportunities for producers seeking to leverage multiple platforms to find new revenue streams and audiences for their work. While the traditional “all rights” deal will continue to exist as long as there are major distributors willing to pay a minimum guarantee and give
Supreme Court Allows Copyright Claim to Proceed Despite Delay
On May 19th, the Supreme Court issued its decision in Petrella v. Metro-Goldwyn-Mayer, Inc. et al., 2014 WL 2011574 (U.S. May 19, 2014), ruling that laches, an equitable doctrine barring suits after unreasonable delay, cannot be used to preclude copyright infringement claims brought within the Copyright Act’s three year statute of limitations.
Instagram Beats Attempt At Class Action Over Change In Terms Of Use
In Rodriguez v Instagram, CGC-13-532875 (San Francisco Sup. Ct. Feb 28, 2014), the Superior Court of California, County of San Francisco, rejected a proposed class action lawsuit brought against Instagram LLC in connection with modifications to its original Terms of Use, instituted after the free photo-sharing platform was purchased by Facebook, Inc. The lawsuit challenged Instagram’s
Registration of Collective Work Registers Component Works, Says Ninth Circuit
On March 14, the U.S. Court of Appeals for the Ninth Circuit, in Alaska Stock, LLC v. Houghton Mifflin Harcourt Pub. Co., 110 U.S.P.Q. 2d 1062 (9th Cir. 2014), determined that registration of a database of stock photographs as a collective work registered the component photographs within.
Photo of Glass Sculpture Integrated in Ceiling a Fair Use
In Neri v. Monroe, 11-CV-429-SLC, 2014 WL 793336 (W.D. Wis. Feb. 26, 2014), the Western District of Washington smashed the hopes of a glass artist by sharply dismissing a pro se copyright action she brought against a design firm, among others, who displayed photos of an entrance hall of a private residence which incorporated her
In Case of First Impression, Third Circuit Says that Claim for Joint Authorship Accrues Upon “Express Repudiation”
A recent decision from the U.S. Court of Appeals for the Third Circuit clarifies when the countdown starts for authors hoping to bring a declaratory judgment claim for joint authorship under the Copyright Act. In Brownstein v. Lindsay, the Third Circuit held that an authorship claim arises and accrues when a plaintiff’s status as an
New York Includes “Print And Runway Model” In Child Performers Protected By Labor Laws
A change to New York labor law regulations (Part 186) may have onerous implications for photographers and the stock photography industry who shoot child models As of November 22, 2013, “print and runway” models are now included among the artistic or creative services that require a permit when using child performers. Previously, the regulations only