Goldman v. Breitbart News, LLC: The Embedding Balance Has Tipped
Update to November 17, 2017 Post. Last week, Judge Forrest of the U.S. District Court for the Southern District of New York in Goldman v. Breitbart News, LLC – one of a pair of cases pending in Manhattan federal court concerning the practice of “embedding” copyrighted content – issued a ruling in favor of the
Three Music Industry Reform Bills to Watch: Congress Introduces Legislation to Modernize Music in the Digital Age
In a rare show of bipartisanship, Congress has proposed legislation that would financially benefit music creators who have either been overlooked in the past or are compensated on inconsistent terms. Three bills – the Fair Play, Fair Pay Act, the CLASSICS Act and the Music Modernization Act (all of which have bipartisan support) – were
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Partner Nancy E. Wolff Quoted in The New York Times Article, “Artist Says Kendrick Lamar Video for ‘Black Panther’ Song Stole Her Work”
The New York Times, February 11, 2018 Cowan, DeBaets, Abrahams & Sheppard LLP partner Nancy E. Wolff was quoted in The New York Times yesterday, in “Artist Says Kendrick Lamar Video for ‘Black Panther’ Song Stole Her Work,” by Robin Pogrebin. The following is an excerpt: Nancy E. Wolff, a copyright lawyer who currently serves as the president
Children’s Clothing Company Sinks in Trademark Row Against Viacom Over its Use of Term “GUPPIES” in Promotional Merchandise for “Bubble Guppies” Cartoon
The U.S. Court of Appeals for the Sixth Circuit recently affirmed a lower-court decision that Viacom’s use of the trademark “BUBBLE GUPPIES” for promotional merchandise for its show of the same name did not infringe on a children’s clothing brand that had registered the trademark “GUPPIES,” primarily because the “GUPPIES” mark – which had been
A Coming Change: KodakOne Attempts to Prevent Unlicensed Use of Pictures
On January 9th, Kodak announced its intention to enter the cryptocurrency craze by developing a blockchain-based service that presumably allow participating photographers to get paid each time their licensed work is used on the Internet without their prior consent. As described on the company’s website, the digital platform, currently referred to as KODAKOne, will “provide
Copyright Royalty Board Announces Compulsory Mechanical License Rate Hike for Interactive Streaming/Limited Download Services
On January 26, 2018, the United States Copyright Royalty Board (the “CRB”) released its initial determination regarding the royalty rates and terms of use that will apply over the next five years to the compulsory license of musical compositions in connection with the distribution of physical and digital phonorecords (sound recordings not accompanying an audio-visual
How Networks/SVOD/SAG-AFTRA are Updating/Changing Their Sexual Harassment Policies and Increasing Training at Work in Light of Sexual Harassment Accusations
Sexual assault and harassment complaints in the Hollywood working world are up 500 percent for SAG-AFTRA in the post-Harvey Weinstein era. The pressure is present and growing for companies whose executives, employees, and/or talent have been accused of, or have been victims of such assaults. For example, following the firing of The Today Show co-anchor
Cowan, DeBaets, Abrahams & Sheppard LLP is Pleased to Announce that Simon N. Pulman has Become a Partner of the Firm
CDAS LLP is pleased to announce that Simon N. Pulman has become a partner of the firm. An emerging young leader in the entertainment industry, Simon is a transactional attorney primarily counseling clients in entertainment and media law matters, focusing on television, film, and interactive entertainment transactions, including representing digital influencers and esports teams. Simon
The Ninth Circuit Affirms Significant Legal Victory for Fox, Allowing Hit Television Series Empire to Continue Producing Show and Merchandise over Record Label Empire Distribution’s Objections
The U.S. Court of Appeals for the Ninth Circuit recently affirmed a lower court’s holding that Fox’s use of the name “Empire” for its hit television series is protected by the First Amendment, leaving record label Empire Distribution without any recourse on its trademark infringement claims. A copy of the full decision is available here.
Notable TV and Digital Deals from Q3-4 2017
The last few months have seen a number of high-profile deals in episodic programming, spurred in part by the entry of a number of significant new players in the marketplace. Here are a few particularly noteworthy entries: Jennifer Aniston, Reese Witherspoon Morning Show Drama Lands at Apple With Two-Season Order Apple is anticipated to become