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
CDAS Names New Co-Head of Entertainment and New LA Office Heads; Promotes a Partner; and Increases Focus on Art Law Practice
CDAS is pleased to announce a new co-head of the firm’s entertainment practice, new co-heads of the firm’s Los Angeles office, a partner promotion, and further development of the art law group. Frederick P. Bimbler (Fred) is joined by Caitlin S. DiMotta in heading up the firm’s entertainment practice. With almost 30 years’ experience
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The Perils of AI Art: Craiyon’s Commercialization Gamble
Craiyon—formerly known as DALL-E Mini—has captured the attention of the art and legal world in recent weeks, including this very blog in our first post on this fascinating service. The website, which touts itself as having the ability to produce “AI model drawing images from any prompt,” is undisputedly innovative and fun to use, yet
The Show Goes On: “Vape” is Ruled a Permitted Parody of Broadway Classic “Grease”
“Vape,” a theatrical parody of the original Broadway musical “Grease” that was later adapted in the 1978 feature film, recently prevailed in a copyright case where the court held that Vape was a fair use that did not require permission from the owners of Grease. The case, Sketchworks Industrial Strength Comedy, Inc. v. Jacobs, was
Thoughts and Takeaways from NFT.NYC 2022
NFT.NYC 2022 was a great event with many exciting companies and brands in attendance and many interesting Web3 projects being unveiled. Below are some thoughts and takeaways on what I learned, what I believe will be taking place in the near future, and some of the Web3 issues that companies, content creators, and brands should
AI ART MODEL CREATES INTERESTING DRAWINGS AND COPYRIGHT PROBLEMS
Craiyon (formerly known as DALL-E mini) is an AI-powered art model that draws collages of images based on, literally, “any prompt” entered by a user. The model’s developers have explained that it was “trained by looking at millions of images from the internet with their associated captions” and that “[o]ver time, it learns how to
Are “#MetaBirkins GONNA MAKE IT”? Hermès, NFTs, and the Rogers Test Collide
There has long been a blurry line at the intersection of trademarks, rights of publicity, and the First Amendment. Throw in blockchains, NFTs, and high-fashion handbags, and you have a recipe for a final exam-worthy fact pattern perfect for law students versed in Web 3.0. Enter the “MetaBirkins” case. In this recent headline-grabber, a “marketing
CDAS Represents teamLab
Can You Copyright That? CDAS Attorneys Scott Sholder, Benjamin Halperin, Nancy Wolff, & CeCe Cole are representing Japanese art collective, teamLab who is suing a Los Angeles museum for allegedly copying its Instagram-friendly art installations. https://news.artnet.com/art-world/teamlab-museum-of-dream-space-lawsuit-2105207
Variety’s Legal Impact Report 2022: Top Attorneys Winning Cases and Making Deals in Hollywood
Congratulations to CDAS Partners Briana Hill, Simon Pulman, and Benjamin Jaffe for being recognized in Variety’s Legal Impact Report 2022. https://lnkd.in/gY8rSnEZ
Second Circuit Finds Warhol Artwork of Prince Infringing: Drawing a Line Between Infringing Derivative Works and Transformative Fair Use with Appropriation Art
Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 992 F.3d 99 (2d Cir.), opinion withdrawn and superseded on reh’g sub nom. Andy Warhol Found. for Visual Arts, Inc. v. Goldsmith, 11 F.4th 26 (2d Cir. 2021) The Second Circuit recently upheld its earlier March 26 decision in Warhol v. Goldsmith, following the recent Supreme Court