Employment

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 applied to performers and entertainers in traditional entertainment endeavors and not still photography. The regulations do not define a “print or runway model” and it is possible that it could apply to all photographs offered for a commercial use, even if no money is exchanged. This change creates new restrictions and requirements on those who use models under the age of 18 which require preparation and planning to ensure compliance with the law.  Key components of the law are as follows. Continue reading

CLIENT ADVISORY: Sunrise Period for Trademark Owners Seeking to Defensively Block Registrations of .xxx Domain Names Is Now Open

The new .xxx top-level domain (TLD), designed to cater to the online adult entertainment community, is now available for registrations. But brand owners with registered trademarks outside that industry have a limited opportunity to defensively block registrations before the operator of a pornographic website claims BRAND.xxx – as long as the brand owner acts before the blocking period closes on October 28, 2011. After that date, trademark blocks will no longer be available. Continue reading

Defendant’s Attorney’s Fees Awarded After Successfully Defending Against Infringement Claim

The American Society of Composers, Authors, and Publisher’s (“ASCAP”) successfully defended against a claim of copyright infringement asserted by Latin American Music Company (“LAMCO”) and, as a result, was awarded over $82,000 in attorney’s fees and costs. The U.S. Court of Appeals for the First Circuit stated that the Copyright Act did not prohibit the recovery of attorney’s fees in a case of non-infringement where the defendant prevails against the assertion. Continue reading