Defendant’s Attorney’s Fees Awarded After Successfully Defending Against Infringement Claim
The American Society of Composers, Authors, and Publisher’s (“ASCAP”) successfully defended against a claim of copyright infringement asserted by Latin American Music Company (“LAMCO”) and, as a result, was awarded over $82,000 in attorney’s fees and costs. The U.S. Court of Appeals for the First Circuit stated that the Copyright Act did not prohibit the
How Much Is Too Much? Transformative Works vs. Derivative Works: Photographer Wins Appropriation Art Copyright Case
Patrick Cariou, a professional photographer won his case in District Court in New York against well-known appropriation artist Richard Prince and the Gagosian Gallery after several of Cariou’s pieces were appropriated without consent in Prince’s “Canal Zone” series showing at the Gagosian in 2008.
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Supreme Court to Consider Constitutionality of Act Restoring Certain Foreign Copyrights
On March 2, 2011, the Supreme Court of the United States granted certiorari in a 10th Circuit case to review whether the Court of Appeals correctly upheld the constitutionality of §104A of the Copyright Act, which created or restored U.S. copyright protection to foreign works in 1996 which never had U.S. protections or had earlier
What’s Protectable?: Claim of Copyright Infringement of LaChapelle’s Photos in Rihanna’s ‘S&M’
Shira Scheindlin, a U.S. District Court Judge in the Southern District of New York, recently denied Robin “Rihanna” Fenty’s (“Rihanna”) Motion to Dismiss the copyright infringement element of a claim instituted by famed photographer David LaChapelle regarding Rihanna’s highly sensationalized ‘S&M’ video. LaChapelle asserts that the protectable elements of eight of his photographs were used
CDAS a Founding Member of Copyright Alliance’s Legal Advisory Board
Washington, August 9, 2011 – The Copyright Alliance announced the establishment of a Legal Advisory Board that includes CDAS as a founding Advisory Board member. Committed to promoting the cultural and economic benefits of copyright, the Copyright Alliance brings together a broad panoply of parties, from artists’ unions to major publishers. Its Legal Advisory Board
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Buzz Aldrin Grounded By Nancy E. Wolff November 19, 2011 The Topps Company recently released a set of “American Heroes” trading cards which include well-known politicians, actors, athletes, scientists and events. Famed astronaut Buzz Aldrin attempted to block the release of certain cards believing the cards improperly incorporate his name, likeness and image in a
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Eleanor M. Lackman Speaks at PLI’s “IP Licensing Issues” December 3, 2011 On Thursday, January 19, 2012 from 3:30pm to 5pm, Eleanor M. Lackman speaks on the panel “IP Licensing Issues” at the IP Issues in Business Transactions 2012 conference at the Practising Law Institute (PLI). She will address IP strategies and protections necessary to