Copyright Lately

Stop me if you think that you’ve heard this one before: Famous celebrity has her photo taken by a member of the paparazzi. Celebrity then posts that image on her Instagram. Photographer files a lawsuit against celebrity, seeking damages for copyright infringement. Celeb hires a lawyer to defend the case, and ultimately pays a settlement to avoid the expense of litigation. Later, rinse, repeat. Jennifer Lopez, Chrissy Teigen, Justin Bieber and dozens of other celebrities are all members of this “Hey! I got sued for posting a photo of myself on social media” club—a club that’s now about as exclusive as a Sam’s Club membership. But is it possible that these celebrities are going about it all wrong? A brand new ruling against fashion model Gigi Hadid (a four-time copyright defendant) raises the question of whether simply defaulting may be a better option. Check out the full story, up now on Copyright Lately! https://lnkd.in/gigmatfa #copyright #copyrightlaw #copyrightlately #IPlaw

Just in time for Halloween—my exclusive list of the top 13 spookiest copyright cases of all time. As NBC used to say when advertising 𝘍𝘳𝘪𝘦𝘯𝘥𝘴 reruns back in the 90s, if you haven’t read it, it’s new to you! https://lnkd.in/gpSWJG8i #copyright #copyrightlately #copyrightlaw #IPlaw #entertainmentlaw #halloween

BREAKING NEWS: Dow Jones & Co. (owner of WSJ and NY Post), represented by William Barr, the former US Attorney General, sues Perplexity AI. Oh boy. Copyright lawsuits hit 34 in the United States. More expected. Elon Musk and Tesla also sued for an alleged AI generated image copying a scene from Blade Runner 2049 movie. Should we count that at No 35? Full status report of all 34 cases here: https://lnkd.in/gmNGcgir

Have you heard of the travel hack called "𝐬𝐤𝐢𝐩𝐥𝐚𝐠𝐠𝐢𝐧𝐠"? For the uninitiated, skiplagging, also known as 'hidden city ticketing,' involves booking a flight with a layover at the traveler's actual destination, but with no intention of completing the full trip. Due to airlines' pricing structures, this tactic can sometimes result in a cheaper fare than booking a direct flight to the desired destination. While travelers save money, airlines aren’t fans. American Airlines sued the Skiplagged website, and a jury just awarded the airline $9.4M in copyright damages. But, as I explain in my latest post, the result isn’t all that it seems. Check out the full story, up now on 𝐂𝐨𝐩𝐲𝐫𝐢𝐠𝐡𝐭 𝐋𝐚𝐭𝐞𝐥𝐲! https://lnkd.in/graJKXYZ #copyright #copyrightlaw #iplaw #copyrightlately #travel #skiplagging

⏰ 𝐁𝐑𝐄𝐀𝐊𝐈𝐍𝐆: Miami jury rules in favor of 2 Live Crew, allowing the hip-hop group to reclaim rights in its early '90s catalog and ending a major three-year copyright battle with Lil’ Joe Records. Story here ⤵ Congratulations to Scott Burroughs, Angie Nieves the entire 2LC team! More to come . . . #copyright #copyrightlaw #copyrighttermination #entertainmentlaw #iplaw #copyrightlately

𝐍𝐄𝐖: 𝐃𝐮𝐞𝐥𝐢𝐧𝐠 𝐃𝐨𝐜𝐮𝐦𝐞𝐧𝐭𝐚𝐫𝐢𝐞𝐬—My take on a brand new copyright infringement lawsuit filed against Netflix over its 2023 documentary 𝑺𝒄𝒐𝒖𝒕𝒔 𝑯𝒐𝒏𝒐𝒓: 𝑻𝒉𝒆 𝑺𝒆𝒄𝒓𝒆𝒕 𝑭𝒊𝒍𝒆𝒔 𝒐𝒇 𝒕𝒉𝒆 𝑩𝒐𝒚 𝑺𝒄𝒐𝒖𝒕𝒔 𝒐𝒇 𝑨𝒎𝒆𝒓𝒊𝒄𝒂.  Competing documentaries on the same subject aren't unusual (think 𝐅𝐲𝐫𝐞 𝐅𝐞𝐬𝐭𝐢𝐯𝐚𝐥), but infringement lawsuits involving competing documentaries are rare. What makes this one even more interesting is the plaintiff: well-known New Jersey trial lawyer come filmmaker 𝐁𝐫𝐮𝐜𝐞 𝐍𝐚𝐠𝐞𝐥. Nagel's doing double duty representing his production company in the case, but as I explain in my article, he's in for a steep climb. Check out the full story and read Nagel’s complaint, up now on 𝐂𝐨𝐩𝐲𝐫𝐢𝐠𝐡𝐭 𝐋𝐚𝐭𝐞𝐥𝐲! https://lnkd.in/g4DMYCUq #copyright #copyrightlaw #copyrightlately #netflix #IPlaw #medialaw #documentaries #entertainmentlaw #entertainmentnews

𝐍𝐄𝐖: 𝐃𝐨𝐧’𝐭 𝐒𝐭𝐨𝐩 (𝐓𝐡𝐢𝐧𝐤𝐢𝐧𝐠 𝐀𝐛𝐨𝐮𝐭 𝐓𝐡𝐢𝐬 𝐋𝐚𝐰𝐬𝐮𝐢𝐭): Ken Caillat, the Grammy Award-winning sound engineer behind Fleetwood Mac’s iconic 𝘙𝘶𝘮𝘰𝘶𝘳𝘴 album, has filed a copyright infringement lawsuit against Tony Award-winning playwright David Adjmi and a slew of prominent Broadway producers. Caillat says the hit play 𝘚𝘵𝘦𝘳𝘦𝘰𝘱𝘩𝘰𝘯𝘪𝘤 borrows heavily from his memoir Making Rumours, with scenes and dialogue that mirror his experiences working with Fleetwood Mac. But does copyright law protect these kinds of real life stories? Full story and my take on the case, up now at 𝐂𝐨𝐩𝐲𝐫𝐢𝐠𝐡𝐭 𝐋𝐚𝐭𝐞𝐥𝐲! https://lnkd.in/gG-5nmSS #copyright #copyrightlaw #copyrightlately #musiclaw #iplaw #entertainmentlaw

2 Live Crew Copyright Termination Trial Day 1 Update: In opening statements Monday, lawyers for Lil' Joe Records argued that 2 Live Crew members were employees when they created their music, meaning that their sound recordings should be classified as “works for hire” and not subject to copyright termination. Lil' Joe’s lawyer emphasized that Joe Weinberger purchased the copyrights at a bankruptcy auction for over $1 million, and said that Weinberger's investment would be threatened if the termination rights were upheld. 2 Live Crew's attorneys argued that the group members operated as independent contractors, forming an oral agreement in the late 1980s to split profits equally. They contend that later contracts only formalized pre-existing arrangements, and that the group’s members weren’t employees under the legal definition of “work for hire." Taking the stand for Lil' Joe, Weinberger testified that his role at Luke Records involved ensuring that payroll and taxes were handled properly, underscoring that the group members were paid salaries and benefits consistent with an employment relationship. He also explained how he acquired rights to the 2 Live Crew catalog in 1996 through a bankruptcy sale after he was let go from Luke Records in 1994. The trial will hinge on whether the jury views the group members as employees, which would make the songs at issue "works for hire" not subject to recapture. #copyright #copyrightlately #copyrighttermination #iplaw #copyrightlaw #2livecrew #entertainmentlaw

Quick update on the 2 Live Crew copyright termination case I've been following for the last couple of years. In an issue of first impression, a Miami federal court ruled last week that copyright termination rights are personal rights, not property rights, and therefore can’t be extinguished by bankruptcy proceedings. The decision came as the court weighed competing summary judgment motions in a dispute between Lil' Joe Records and former members of the 1980s rap group. Lil' Joe has challenged the validity of the termination notices, claiming that prior bankruptcies meant those rights had been transferred to the bankruptcy estate. The court sided with 2 Live Crew, emphasizing that copyright termination rights are intended solely for authors' benefit and can’t be treated as transferrable property interests in bankruptcy. The court also identified significant factual disputes over whether the band members ever actually transferred their rights to 2 Live Crew’s record label and whether the recordings were works made for hire that aren’t eligible for termination in the first place. Those issues will now head to trial. For now, the question of who truly holds the rights to 2 Live Crew’s master recordings is still an open case, and the legal saga appears likely to continue. Check out more and read the court’s ruling here. https://lnkd.in/gtQRS782 #copyright #copyrighttermination #copyrightlaw #copyrightlately #bankruptcylaw #iplaw

𝐍𝐄𝐖: 𝐃𝐨𝐧’𝐭 𝐒𝐭𝐨𝐩 (𝐓𝐡𝐢𝐧𝐤𝐢𝐧𝐠 𝐀𝐛𝐨𝐮𝐭 𝐓𝐡𝐢𝐬 𝐋𝐚𝐰𝐬𝐮𝐢𝐭): Ken Caillat, the Grammy Award-winning sound engineer behind Fleetwood Mac’s iconic 𝘙𝘶𝘮𝘰𝘶𝘳𝘴 album, has filed a copyright infringement lawsuit against Tony Award-winning playwright David Adjmi and a slew of prominent Broadway producers. Caillat says the hit play 𝘚𝘵𝘦𝘳𝘦𝘰𝘱𝘩𝘰𝘯𝘪𝘤 borrows heavily from his memoir Making Rumours, with scenes and dialogue that mirror his experiences working with Fleetwood Mac. But does copyright law protect these kinds of real life stories? Full story and my take on the case, up now at 𝐂𝐨𝐩𝐲𝐫𝐢𝐠𝐡𝐭 𝐋𝐚𝐭𝐞𝐥𝐲! https://lnkd.in/gG-5nmSS #copyright #copyrightlaw #copyrightlately #musiclaw #iplaw #entertainmentlaw