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
“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.
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
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, 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.
Cowan, DeBaets, Abrahams & Sheppard LLP is pleased to announce that Scott J. Sholder has been recognized in Benchmark Litigation’s 2019 “40 and Under Hot List.” Benchmark Litigation’s 2019 “40 and Under Hot List” includes practitioners, all aged 40 or younger, that have been deemed the most promising emerging talent in their respective litigation communities
CDAS Partner Eleanor M. Lackman Selected to The National Law Journal’s Elite Boutique Trailblazers 2018 List
CDAS LLP is pleased to announce that partner Eleanor M. Lackman has been selected to The National Law Journal’s “2018 Elite Boutique Trailblazers” list. The list recognizes outstanding attorneys and firms nationwide who have made a remarkable difference in their area of specialized law. Only 29 attorneys from 25 firms were selected for inclusion in 2018 list.
The Good, the Bad, and the JPEG Staying Safe in the Constant Showdown over Digital Content Use Online
The ABA Section of Intellectual Property Law’s magazine Landslide published Scott J. Sholder and Lindsay R. Edelstein’s article “The Good, the Bad, and the JPEG Staying Safe in the Constant Showdown over Digital Content Use Online.” The article is a how-to guide to prevent and defend against copyright troll claims. View Article
Cowan DeBaets, Abrahams and Sheppard LLP attorney Scott J. Sholder has been named a Law360 Rising Star. A Partner at the firm, Mr. Sholder is among one of 168 attorneys included in the full list and one of only 4 attorneys recognized for their dedicated work in the practice area of Media and Entertainment. Law360’s
Lundin v. Discovery Communications: Even in Reality TV Context, Parties Can’t Contract Away Liability Based on Intentional Harms
The U.S. District Court for the District of Arizona in Lundin v. Discovery Communications ruled that a defamation suit brought by a reality television star against the network and producers of a reality show was not barred simply by virtue of an exculpatory “Assumption of Risk” provision containing a waiver of all claims. Significantly, the