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CDAS Mourns the Passing of Author and Illustrator Tomie dePaola

Our sincere condolences go out to Tomie dePaola’s close colleagues, including literary agent Doug Whiteman and personal assistant Bob Hechtel, his friends, and generations of fans throughout the world. We know his legacy will live on in the imaginations of young readers everywhere who are charmed by his words and images.

Moving the Needle Part II: Court Inks Decision in Favor of Defendants in Solid Oak Sketches, LLC v. 2K Games, Inc. (S.D.N.Y.)

Four years ago, we reported on a headline-worthy copyright infringement lawsuit filed in the U.S. District Court for the Southern District of New York dealing with tattoos in video games. The case was brought by a licensing entity for tattoo artists against the makers of the popular NBA 2K games over depictions of real-life basketball

Gray v. Perry: The Pendulum Swings on Copyright Infringement Verdict against Katy Perry

Following hot on the heels of the Ninth Circuit’s en banc decision clearing Led Zeppelin of copyright infringement allegations relating to the classic “Stairway to Heaven” (which we reported here), a California federal judge last week overturned a jury’s finding of copyright infringement against Katy Perry regarding the pop hit “Dark Horse.”  Songwriters still nervous
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Marc Hershberg was cited in the Fordham IPM&E Law Journal

“Anything You Can Use, I Can Use Better: Examining the Contours of Fair Use as an Affirmative Defense for Theatre Artists, Creators, and Producers,” by Benjamin Reiser, Fordham Intellectual Property Media & Entertainment Law Journal, Vol. XXX, No. 3 (2020).  Find the article here.

Judge in Amateur Photojournalism Case Rejects Lack of Originality Argument

In a decision that will likely be seen as a victory for photojournalism, a judge in the Eastern District of New York recently rejected the legal argument that an iPhone photograph, taken by a passerby who was in the right place at the right time, lacked originality.  The decision represents a turn away from what