Ninth Circuit corrects the record on de minimis use in photograph dispute
The Ninth Circuit recently clarified that the de minimis use defense (meaning too minor to constitute an infringement) is not an affirmative defense in a copyright infringement case involving an identical use of a photograph, reversing a finding in favor of the defendant asserting the defense. Instead, the court stressed that an inquiry into de
#BlackTikTokStrike: How TikTok Dance Creators Can Begin to Protect Their Choreographic Works
The hashtag “BlackTikTokStrike” has been viewed more than six million times on TikTok, a free video-sharing-focused social networking service. TikTok has created superstars like Addison Rae and Charli D’Amelio, but these stars have mostly been white women and girls, and they have often gained notoriety and received millions of views by parroting dance routines primarily
Copyright Preempts Right of Publicity: SDNY rules against “Stuttering John” favoring copyright over publicity rights in Melendez v. Sirius XM Radio
In a clash between a radio personality’s right of publicity claim and a satellite radio’s copyright claim, the Southern District of New York recently dismissed John Melendez’s complaint against Sirius XM Radio alleging violation of California statutory and common law rights of publicity, holding that the promotion and rebroadcasting of his radio shows was preempted
Legal Drama over Docudramas: New York Appeals Court Rules in Favor of Film Producer in Porco v. Lifetime Entertainment Services, LLC
On June 24, a New York appeals court ruled in favor of docudrama makers in Porco v. Lifetime Entertainment Services, LLC,clarifying when filmmakers and producers who make unauthorized use of an individual’s name or likeness are shielded from liability under New York’s statutory right of publicity. The decision is a victory for First Amendment advocates
Navigating NFTs: Considering Best Practices and Avoiding Pitfalls
All of a sudden, no one can talk about anything but NFTs! For those people who have used up all of their tech tolerance on Zoom meetings this year, understanding this latest frenzy can seem like an insurmountable task. But FOMO tends to be very motivational! Given that the value of the crypto art market
Congress Passes CASE Act Ushering in Crucial Copyright Reform
On December 21, 2020, Congress passed the long-awaited Copyright Alternative in Small-Claims Enforcement Act of 2019 (the “CASE Act”), as part of its omnibus spending and COVID-19 relief bill, H.R. 133. The law was enacted on December 27, 2020 and is poised to reform copyright litigation in the United States in the coming year, creating
California District Court Dismisses “Tiger King” Case, Citing First Amendment Interests
After captivating home-bound viewers earlier this year, Netflix’s documentary series “Tiger King” had its day in court recently when a California district judge dismissed a case brought by the publisher of Hollywood Weekly Magazine (“HW”) against the producers and distributors of the show. See Prather Jackson v. Netflix, Inc., Case No. 2:20-cv-06354-MCS-GJS (C.D. Cal. Dec.
New York Enacts a Post-Mortem Right of Publicity Law and Addresses Deep Fakes
Joining the majority of states, New York recently enacted a new right of publicity statute that extends the right past death. New York Governor Andrew Cuomo signed the legislation on November 30, 2020, establishing a right of publicity (N.Y. Civ. Rights Law § 50-f) for deceased persons (and their descendants) domiciled in New York to
New York Passes Anti-SLAPP Legislation to Protect Speech Rights
On November 10, 2020, Governor Cuomo signed into law a robust expansion to New York’s existing anti-SLAPP legislation, in a significant effort to curb lawsuits filed with the goal of intimidating and suppressing free speech. Amending New York’s current statute—Sections 70-a and 76-a of the New York Civil Rights Law—the law addresses the problem of
Homeowner Turns to Copyright to Protect Against Unauthorized Use of Home in Adult Films
What recourse exists when a tenant hands over a rental home to an adult film production company, which proceeds to film fourteen feature-length adult movies onsite, without the owner’s knowledge or permission, over the course of five months? Turns out, copyright law. This was the crisis facing Martha’s Vineyard homeowner Leah Bassett in 2015, when