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Implications of the Copyright Lawsuits Against Dua Lipa

  • Art Law & Cultural PropertyBlogCopyrightMusic Law
  • ByScott Semaya
  • OnApril 12, 2022
If you were not aware of Dua Lipa due to her pop hits over the past few years, you may have heard her name in the news for other reasons. Recently, Dua Lipa has been sued for copyright infringement for…

Scènes à Faire in Music Copyright Cases: Why Don’t the Courts Make a Scène About Music?

  • Art Law & Cultural PropertyBlogCopyrightEntertainment Law
  • ByMichelle Shabat
  • OnApril 11, 2022
The entertainment industry is known for producing all kinds of art, many of which are original works that inspire future creators to make their own. Often there is a reemergence of trends that come back stronger than it once was,…

ANDY WARHOL: FAIR USE OR COPYRIGHT INFRINGEMENT? THE SUPREME COURT WILL DECIDE

  • Art Law & Cultural PropertyBlogCopyright
  • ByLauren Chamberlin
  • OnApril 11, 2022
On March 28, 2022, the Supreme Court granted certiorari in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith. Andy Warhol created sixteen silkscreen works of art based on Lynn Goldsmith’s photograph of Prince Rogers Nelson, who, at the…

Miramax v. Tarantino: Decoding A New Age of Intellectual Property Rights

  • Art Law & Cultural PropertyBlogContractsCopyrightData LawIntellectual Property
  • ByRaven Berzal
  • OnFebruary 21, 2022
Non-fungible tokens, or NFTs, are “unique files that live on a blockchain and are able to verify ownership of a work of digital art.” They are essentially digital assets that represent a unique object—typically art, music, videos, or games. An…

Contributory Infringement and Dupe Influencers

  • Art Law & Cultural PropertyBlogCopyrightData LawIntellectual PropertyProducts LiabilityTrademark & Unfair Competition
  • ByAlbert Aini
  • OnFebruary 21, 2022
Influencers get paid a lot to advertise products on their platforms. Companies realize an opportunity to advertise through influencers to reach their impressionable followers. Dupe influencers promote counterfeit goods by sharing links and or reviewing them. Their marketing is effective–a…

The ‘MetaBirkin’ and the Beginning of Trademark Litigation in the NFT Space

  • Art Law & Cultural PropertyBlogCopyrightData LawFashion LawIntellectual Property
  • ByCaitlin Muraca
  • OnFebruary 14, 2022
When one thinks of art, one generally thinks of something physical. That isn’t the case anymore as non-fungible tokens, or NFTs, are breaking down such notions. NFTs are completely digital, “you can’t touch it, but you can own it.” For…

What is the Value of Art? MSCHF Creating Value by Destruction

  • Art Law & Cultural PropertyBlogCopyrightMedia LawTrademark & Unfair Competition
  • ByKelsey Clifford
  • OnNovember 24, 2021
What is the value of art? Is it how it looks? Is it the artist who created it? Or is it how much it will appreciate in the future? MSCHF (pronounced “mischief”), the Brooklyn-based art collector, is challenging the “capital-A…

Tom Brady Just Threw His 600th Touchdown Pass: What’s the Catch?

  • Art Law & Cultural PropertyBlogContractsSports LawTradeTrademark & Unfair Competition
  • ByCourtney Leon
  • OnNovember 17, 2021
While the theory of economics can be studied in its raw form, there are applications of it that prevail beyond the fundamental notion of “economics.” A principal theory in economic models is that firms maximize profits in competitive markets. Similarly,…

Peloton Is Climbing The Music Streaming Service Leaderboard After 2020 Settlement with NMPA

  • Art Law & Cultural PropertyBlogCopyrightIntellectual Property
  • BySeth Warshaw
  • OnNovember 10, 2021
In a 2019 statement, Peloton’s co-founders stated their desire to have the company serve as “a discovery resource for new artists and songs while also providing the opportunity for [their] Members to re-discover music they love.” However, this statement came…

Climate Attribution Science: A Likely “No” Under Alice

  • Art Law & Cultural PropertyBlogData LawInformation LawPatent Law
  • ByCorey Tam
  • OnOctober 20, 2021
“Nature is my ultimate inspiration . . . I have always been drawn to nature.” Those were the words of Andres Amador, a current San Francisco-based artist known for his large-scale works on sandy beaches. He represents the assemblage of artists who have used…

Nye vs. Disney: Applying Legacy Profit Participation Contracts to the Digital Age

  • Art Law & Cultural PropertyBlogContractsCopyrightEntertainment LawIntellectual PropertyMedia Law
  • ByRaven Berzal
  • OnOctober 20, 2021
Many television shows that have concluded and/or gone off the air have found second lives via streaming services. “Friends” and “Sex & the City,” which both aired their last episodes in 2004, are available on HBO Max. “Seinfeld,” which concluded…

Always Online DRM and Video Games

  • Art Law & Cultural PropertyBlogCopyrightData LawInformation Law
  • ByOlivia Yoon
  • OnSeptember 27, 2021
Digital rights management, or DRM, allows copyright holders to utilize technology to protect their digital files from unauthorized use. The technology used “controls access to content on digital devices” and “[i]deally . . . should equally protect the content owner’s,…
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    • The Parthenon Marbles Case and the Universal Museum Myth: Policies and Politics
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  • Symposia
    • Balancing Free Speech and National Security in the Digital Age
    • Fake It Till You Make It?: Striking the Right Balance Between Innovation, Publicity Rights, and Copyright
    • Barking Up the Wrong Tree: An Exploration of Intellectual Property Law Protections Following Bad Spaniels and Andy Warhol
    • Name, Image, Likeness: The Evolution of College Athletics
    • The Parthenon Marbles Case and the Universal Museum Myth: Policies and Politics
    • 25 Years of Section 230: Retain, Reform, or Repeal?
    • Piracy Paradox in an Era of Disruption
    • Diamond Anniversary: 75 Years of the Lanham Act
    • Trophies for the Empire
    • Digital Art & Blockchain
    • Prior Symposia
      • New Impressions on Advertising Law
      • 3D Printing and Beyond
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