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CDAS Partner Nancy Wolff’s Webinar Available Online

Recently, CDAS Partner Nancy Wolff hosted a webinar for the Digital Media Licensing Association which answered common questions about when you need releases when using visual images. The webinar is now available online for free, and is a useful resource for anyone publishing or displaying still or motion images and wondering whether permissions are needed

Toto Can’t “Hold the Line”: Sony Prevails in Digital Royalty Dispute with Classic Rockers

A New York federal judge recently ruled in favor of Sony Music Entertainment (“SME”) in the latest dispute over the proper characterization of artist royalties on digital music sales, dismissing a breach of contract claim brought by rock group Toto (best known for the hits “Africa” and “Rosanna”). Ever since the Ninth Circuit’s 2010 decision
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Eleanor M. Lackman to Speak at PLI’s IP Issues in Business Transactions 2015

CDAS Partner Eleanor M. Lackman will be participating in this PLI’s IP Issues in Business  Transactions, which is scheduled for January 12-13, 2015. The event provides attendees with an in-depth understanding of the special considerations attached with Intellectual Property issues, while exploring the strategic role of IP in a company. Ms. Lackman will be returning to the event
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Mary E. Rasenberger hired as Executive Director of The Authors Guild

Cowan DeBaets Abrahams & Sheppard LLP (CDAS) is proud to announce that The Authors Guild has hired Mary Rasenberger to succeed Paul Aiken as executive director, on November 3. Currently a partner at CDAS, Ms. Rasenberger recently was director of the Library of Congress’s National Digital Preservation Program from 2006 to 2008 and prior to that spend

Seventh Circuit Affirms Fair Use of Mayor’s Photograph, and Criticizes Second Circuit’s Approach in Cariou v. Prince

Note: This blog is cross-posted with permission from CopyrightAlliance.org. Photographer Michael Kienitz (“Kienitz”) appealed the Western District Court of Wisconsin’s decision to grant summary judgment in favor of Sconnie Nation LLC and its vendor, Underground Printing-Wisconsin LLC (collectively, “defendants” or “Sconnie Nation”), contending defendants were liable for copyright infringement in connection with their unauthorized use

No Presumption of Irreparable Harm for Lanham Act Injunctions, Says Third Circuit

In a recent decision, the Third Circuit announced that it would no longer presume irreparable harm for plaintiffs requesting preliminary injunctive relief for claims arising under the Lanham Act (see Ferring Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc., No. 13-2290 (Aug. 26, 2014)).  Instead, claimants seeking to enjoin acts of trademark infringement or false advertising must

Re-Creation of Scenes from Pornographic Film for Biopic Not a Violation of Copyright Laws

In Arrow Productions, Ltd. v. The Weinstein Company LLC, et al., No. 13 Civ. 05448, 2014 WL 4211350 (S.D.N.Y. Aug. 25, 2014), Judge Griesa undertook the judicial task of determining whether Defendants’ unauthorized recreation of scenes from Arrow’s copyrighted film constitutes fair use by viewing “all that is necessary” to make such determination – scenes

Sticks, Carrots and Copyrights

Last month, in Sandy Routt, d/b/a sandybeachgifts.com, d/b/a Sandys Beach v. Amazon.com, Inc., the Ninth Circuit Court of Appeals dismissed claims seeing to hold Amazon.com vicariously liable for the copyright and trademark infringing activities of its affiliate marketing partners. Amazon.com maintains a program in which third party websites agree to display a widget that contains
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CDAS Attorneys Named “Super Lawyers” for 2014

Fourteen Cowan, DeBaets, Abrahams & Sheppard attorneys were selected for inclusion in the 2014 edition of New York Metro Super Lawyers, spanning various practice areas including Entertainment & Sports, Media & Advertising, Intellectual Property, Intellectual Property Litigation, Non-Profit Organizations and Business & Corporate Law. Each year, only five percent of Manhattan attorneys receive the honor