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
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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Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 992 F.3d 99 (2d Cir.), opinion withdrawn and superseded on reh’g sub nom.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
Ninth Circuit corrects the record on de minimis use in photograph dispute
The Ninth Circuit recently clarified that the de minimis use defense (meaning too minor to constitute an infringement) is not an affirmative defense in a copyright infringement case involving an identical use of a photograph, reversing a finding in favor of the defendant asserting the defense. Instead, the court stressed that an inquiry into de
#BlackTikTokStrike: How TikTok Dance Creators Can Begin to Protect Their Choreographic Works
The hashtag “BlackTikTokStrike” has been viewed more than six million times on TikTok, a free video-sharing-focused social networking service. TikTok has created superstars like Addison Rae and Charli D’Amelio, but these stars have mostly been white women and girls, and they have often gained notoriety and received millions of views by parroting dance routines primarily
Copyright Preempts Right of Publicity: SDNY rules against “Stuttering John” favoring copyright over publicity rights in Melendez v. Sirius XM Radio
In a clash between a radio personality’s right of publicity claim and a satellite radio’s copyright claim, the Southern District of New York recently dismissed John Melendez’s complaint against Sirius XM Radio alleging violation of California statutory and common law rights of publicity, holding that the promotion and rebroadcasting of his radio shows was preempted
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
Navigating NFTs: Considering Best Practices and Avoiding Pitfalls
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
Congress Passes CASE Act Ushering in Crucial Copyright Reform
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
California District Court Dismisses “Tiger King” Case, Citing First Amendment Interests
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.