The Satanic Temple v. Newsweek: Anti-SLAPP, Actual Malice, and a Case That Wouldn’t Quite Catch Fire
The New York anti-SLAPP statute is designed to allow early dismissal of meritless defamation lawsuits against the press which are often filed by an offended party not to win on the merits, but to chill future speech and burden defendants with unnecessary legal fees. In The Satanic Temple Inc. v. Newsweek, LLC, No. 25-868, 2026
Take It Down Act Enacted to Deter Deepfakes Involving Sexual Content
On May 19, President Donald Trump signed the Take It Down Act into law which criminalizes the sharing of non-consensual intimate imagery (NCII) and institutes a mandatory notice and takedown system for all covered platforms to implement. The purpose of this law is to offer protection to victims of online sexual abuse. Background Deepfakes are
All About California’s New AI Transparency Act
On September 19, 2024, the California AI Transparency Act (CA S.B. 942) was signed into law by the governor adding Chapter 25 to Division 8 of the Business and Professions Code effective January 1, 2026. The bill creates a host of compliance requirements for covered providers of generative AI including the creation of an AI
“Freelance Worker Protection Act”: New California Law Expands Freelancers Rights in Many Creative Fields
On September 28, 2024, Governor Newsom of California signed the “Freelance Worker Protection Act” (FWPA), into law which will take effect on January 1, 2025. The bill expands protections for freelance workers by requiring private companies who hire independent contractors for certain professional services to provide written agreements specifying certain terms and outline certain deadlines
Stuart Goldfarb Appointed to The Sport Management Advisory Council
September 24, 2024 – New York, NY – Cowan, DeBaets is pleased to announce that corporate M&A partner Stuart Goldfarb has been appointed to the prestigious Sport Management Advisory Council of the Falk College of Sport and Human Dynamics at Syracuse University. Led by David Falk, the Council is comprised of a who’s who in
Sarah Conley Odenkirk Elected to Andy Warhol Foundation for the Visual Arts Board
May 10, 2023 – Sarah Conley Odenkirk, co-head of the firm’s Art Law practice group, has been elected to the board of the Andy Warhol Foundation for the Visual Arts. Sarah joins a diverse group of artists, curators, museum directors, scholars and arts professionals nationwide. Sarah has a core practice in fine art, public art, blockchain technology, A.I., and
AI-Faked Drake, The Weeknd Song Amps Music Industry’s IP Alarm
Drake, The Weeknd, and other artists’ best bet to stop AI-generated vocal imitators under right of publicity laws—which generally protect one’s name, image, and likeness from being exploited without permission—attorneys said. But unlike copyright and trademark law, the right of publicity is based entirely on state laws. Some like New York and California provide explicit
AI Trends and Developments
Generative Artificial Intelligence (“AI”) platforms allow anyone to create artwork from the complex to the beautiful and bizarre by typing a text “prompt.” The rising popularity and use of such platforms have not only generated images, but controversy involving complex legal and ethical gray areas. Nancy Wolff, Scott Sholder, and Elizabeth Safran provide an overview
About Those NFTs…Can We Talk?
Nancy Wolff and Sarah Odenkirk recently published an article in ABA’s Landslide Magazine: Non-Fungible Tokens (“NFTs”) may be used to manage intellectual property rights but must include clearly articulated governance and ownership parameters. Co-Heads of CDAS’s Art Law Team, Nancy Wolff and Sarah Odenkirk, provide practical guidance to understanding what rights can be licensed, what
Cowan, DeBaets, Abrahams & Sheppard Wins Dismissal of International Copyright Infringement Suit in SDNY
March 31, 2023 — Agence France-Presse (AFP) and Getty Images, represented by Nancy E. Wolff and Benjamin S. Halperin of Cowan, DeBaets, Abrahams & Sheppard LLP (CDAS), have defeated an international copyright infringement suit that was filed against them in New York federal court. The plaintiff, a photographer who worked for AFP for years in