Art, Entertainment & Sports Intellectual Property General Business

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The Supreme Court’s Fashionable Case: Implications for Expanding Copyright Protection to Apparel

Currently before the United States Supreme Court is the question: “[w]hat is the appropriate test to determine when a feature of the design of a useful article is protectable under § 101 of the Copyright Act.”1 Put another...more

Paul McCartney Sues Sony/ATV to Reclaim Copyrights to Beatles Songs

Sir Paul McCartney has filed suit against Sony/ATV Music Publishing in New York Federal Court, seeking a declaration that he can exercise his termination rights under the Copyright Act of 1976 in order to reclaim the rights...more

UPDATE: BOSTON’S Founder and a Former Bandmate Still Seek Peace of Mind

We have written previously about Scholz v. Goudreau, No. 13-CV-10951 (D. Mass.); the case recently went to trial on the parties’ surviving claims, and they are now immersed in post-trial briefing....more

Commercial Division Rejects Employers’ Plea For Trade Secret and Trademark Protection

When employees resign, the scope of the trade secret doctrine often defines the relationship between former employers and their employees. Trade secret misappropriation claims frequently overlap with other claims arising out...more

Copyright Protection For Mass-Produced Articles In The United Kingdom

Prior to a recent change in the law, copyright protection in an artistic work expired after 25 years if articles embodying the work had been applied industrially (defined as making more than fifty articles). This kept the...more

Termination of Distribution Agreement Does Not Affect Licenses to Cloud-Based Access

After finding that a copyright infringement question analyzed by the district court was more properly a contract interpretation issue, the US Court of Appeals for the Second Circuit affirmed the district court’s decision that...more

Food Fight: America’s Test Kitchen v. Chris Kimball

If, like me, you’re a fan of PBS and its soothing, soft-focus, food-related shows (ahem, Great British Bake-off), you were probably devastated when you heard that longtime host Chris Kimball, was leaving America’s Test...more

You Just Used My Picture Without Permission?

Artist Richard Prince’s exhibit entitled “New Portraits’’ was displayed at New York City’s Gagosian Gallery and Frieze New York during the summer of 2015. This exhibit featured screenshots of other people’s Instagram photos....more

Three Point Shot - November 2016

Who's First in Ownership of the "Sweet Spot" Remains Unclear - Baseball is often called a "game of inches," whether one is describing the strike zone, a close play at the plate, or a liner past third base that just kicks...more

Business Litigation Report - October 2016

Structuring Foreign Investment to Ensure Treaty Protection - Although it is common practice for businesses to structure their investments abroad through jurisdictions that maximize tax and other advantages—such as the...more

Court Holds That Fashion Designer Karen Millen Cannot Use Her Name in Connection with Future Clothing Lines

A recent UK court held that Karen Millen, a fashion designer and co-founder of the Karen Millen brand, was prohibited from using her name, KM or K.Millen or any other confusingly similar names in connection with clothing and...more

Protect Your Intellectual Property or Else

With an increasingly competitive marketplace challenging traditional business models, protecting intellectual property in the automotive industry has never been more vital. Among a business's most valuable assets are the four...more

DOJ declines to modify consent decrees, angers PROs.”

Greenberg Glusker music law partner William I. Hochberg was quoted in an August 4, 2016, Daily Journal article, “DOJ declines to modify consent decrees, angers PROs.”...more

Producers Beware: What happens when your movie distributor files bankruptcy?

The Issue - There has been written a plethora of articles about Bankruptcy Code §365(n) regarding the rights of parties to license agreements when the licensor files a bankruptcy and rejects a license agreement....more

The Water in Rio Isn’t the Only Thing to Worry About – So Are Olympic Hashtags

Social media is buzzing with Olympic hashtags, particularly #Rio2016 and #TeamUSA. But the U.S. Olympic Committee (USOC) is cracking down on hashtag use by companies without Olympic sponsorship deals, calling it “ambush...more

The implications of Brexit on the entertainment and media industry

While the United Kingdom will not leave the European Union overnight, it is important to consider what the result of the Brexit referendum means to the entertainment and media industry. What are the challenges? How do we...more

Avatar Wins Against Another Copyright Owner… in an Unusual Manner

A recent decision from the California Court of Appeal, Fourth Appellate District, ended the hopes and dreams of a copyright owner from receiving a share of the $2.8 billion earned by James Cameron’s Avatar film. In this...more

Brumley Heirs Win Fight over Rights to Old Gospel Song *WEB ONLY**

Addressing the termination right given to authors and their heirs under the Copyright Act, the US Court of Appeals for the Sixth Circuit concluded that four siblings could use their right to terminate the transfer their...more

Three Point Shot - June 2016

Showtime and Top Rank Slug It out over "Fight of the Century" - Who said boxing was dead? Fight fans still bitter over the May 2015 Floyd Mayweather–Manny Pacquiao bout that was far more mega-bore than mega-brawl...more

Music Sampling Back in “Vogue”

With its decision in VMG Salsoul v. Ciccone, the Ninth Circuit Court of Appeals created a circuit split that could greatly impact copyright infringement claims based on unlicensed music sampling. For the advertising...more

32 Hours of Terms and Conditions

Norway has positioned itself as the leader in the “Slow TV” movement. I’m not sure it’s a movement, actually. Norway is really the only place I know of that this is going on (C-SPAN and golf aside). Slow TV is live coverage...more

CBS Radio Remasters the Art of Not Paying Artists Royalties

Two years ago, a federal judge rocked the music industry in holding that pre-1972 recordings may be protected under state copyright laws and are protected by California copyright law. This holding, in a case brought against...more

Protecting Fashion through Copyrights: The Supreme Court Will Decide Whether Cheer Uniform Designs Are Protectable

Last week, the U.S. Supreme Court announced that it will address the issue whether apparel can be protected by copyright law—a question described by the petitioners in the case as “the single most vexing, unresolved question...more

Tenth Circuit Affirms Lower Court Ruling on Meaning of “User” in DMCA §512(c) Safe Harbor

Title II of the Digital Millennium Copyright Act (DMCA) offers safe harbors for qualifying service providers to limit their liability for claims of copyright infringement. To benefit from the Section 512(c) safe harbor, a...more

The Ink Isn’t Dry

What rights based in copyright law does a tattoo artist have in a tattoo itself, and to what extent can an artist use those rights to restrict the rights of others, including the people whose skin has been inked?...more

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