Those familiar with copyright law recognize the well-established principle that facts are not eligible for copyright protection. A compilation of facts may be eligible, however, if the selection or arrangement of facts reflects the requisite originality and creativity to warrant copyright protection. In Feist Publications v. Rural Telephone Service Co., the U.S. Supreme Court considered whether a compilation of facts in the form of a directory of customer names, addresses, and telephone numbers is eligible for copyright protection; the Court ultimately determined that the directory at issue, which merely listed all of Rural’s telephone subscribers in alphabetical order, lacked sufficient originality and creativity to be copyrightable. In a recent case, however, the U.S Court of Appeals for the Ninth Circuit determined that a similar list of customers could be – and indeed was – eligible for at least some level of copyright protection.
Experian Information Solutions, Inc. v. Nationwide Marketing Services Inc. focused on what plaintiff Experian – an information services company best known for credit scores and reports – terms its “ConsumerView Database,” or “CVD.” The CVD contains more than 250 million records, each pertaining to an individual consumer, and includes hundreds of data fields, including age, income, and purchase habits. Experian licenses portions of the CVD to various marketing companies for use in connection with marketing campaigns. Continue reading
By Bill Donahue
Law360 (March 26, 2018, 3:35 PM EDT) — A New York federal judge on Friday tossed out a copyright lawsuit filed against news website Mic over an image of protesters at a pro-Trump rally, calling the site’s use of a still-frame from a video “trivial.”
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Lord & Taylor has agreed to settle a Federal Trade Commission complaint alleging that the national retailer deceived consumers by paying for native advertisements.
In a complaint filed in the U.S. District Court for the Southern District of New York this month, a group of tattoo artists (through a licensing entity) sued the developer, publisher, and marketer of the immensely popular NBA 2K16 video game over digital depictions of tattoos the artists had inked on the real-life basketball players appearing in the game, including LeBron James and Kobe Bryant. Claiming violation of their exclusive right of public display under 17 U.S.C. § 106(5), the artist collective in Solid Oak Sketches, LLC v. Visual Concepts, LLC seeks monetary damages, costs and fees, and injunctive relief against production of the game and any further “public displays” of the tattoos. While it may seem outlandish at first blush, cases like Solid Oak Sketches are becoming more common.
Following today’s earlier announcement that Former General Counsel of A&E, Doug Jacobs, was joining the firm as a Partner, Mr. Jacobs had an opportunity to speak with Jon Lafayette, Business Editor at Broadcasting & Cable, about the transition. Mr. Jacobs touched upon the current state of the Television Business, as well as the future of the business as it relates to new technology and developments.
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Cowan, DeBaets, Abrahams & Sheppard LLP (CDAS) is proud to announce that Doug Jacobs, recently Executive Vice President and Senior Counsel of A&E Television Networks, has joined the firm as a partner in its New York office. Mr. Jacobs’ practice will primarily focus on matters involving the cable television industry and the evolving digital media universe, building on his almost 20 years as general counsel at several major cable networks.
Tomorrow, CDAS attorney Eleanor M. Lackman will discuss the Aereo case on the NPR show “On Point” between 10am and 11am EST. Live questions from callers will be possible in markets where the show runs live, which can be streamed here, and the show will be available via the NPR website and app.
Seven Cowan, DeBaets, Abrahams & Sheppard attorneys were selected for inclusion in the 2013 edition of New York Metro Super Lawyers. Each year, only five percent of Manhattan attorneys receive this honor. CDAS congratulates attorneys Frederick P. Bimbler, Susan H. Bodine, Timothy J. DeBaets, Robert I. Freedman, Eleanor M. Lackman, Mary E. Rasenberger and Nancy E. Wolff on their achievement. We also congratulate attorney Zehra Abdi on being named as a “Rising Star” for the second successive year.