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
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
Subscribe to the CDAS newsletter and client alerts email
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
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.
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
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
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
In an opinion rife with references to adult entertainment and drugs, a judge in the Southern District of New York recently dismissed an invasion of privacy and defamation case over a plaintiff’s apparent depiction in the 2019 film “Hustlers.” See Barbash v. STX Financing, LLC, Case No. 1:20-cv-00123-DLC (S.D.N.Y. Nov. 10, 2020). For the uninitiated,
If your only exposure to TikTok is seeing the occasional funny video pop up on Facebook or watching your nieces studiously rehearse one of Charli D’Amelio’s signature dances, then you could be forgiven for wondering what all of the fuss about a potential ban is about. Likewise, if you’ve heard of Fortnite but you have
A statute of limitations is often called a statute of repose, “repose” meaning the “elimination of stale claims, and certainty about a plaintiff’s opportunity for recovery and a defendant’s potential liabilities.”1 By mandating “repose,” a statute of limitations expresses the judicial system’s understanding that, despite its “instinct to provide a remedy for every wrong[,] . .