Show the Tattoo: Video Game Company Free to Depict Inked Basketball Stars

Four years ago, a company owning rights to tattoo art initiated a copyright infringement lawsuit in the U.S. District Court for the Southern District of New York asserting that the makers of the popular NBA 2K games infringed its rights by creating avatars of real-life basketball players complete with their tattoos.  Recently, after full discovery […]

Contractual Disruptions: How They Arise and How to Prepare

With the recent spread of the novel coronavirus COVID-19 and its unprecedented precipitation of social-distancing, work-from-home policies, shelter-in-place orders, and limitations on foreign travel, many individuals may be questioning whether certain contractual obligations are excused. This article provides a primer on the contract concepts of force majeure, impossibility and impracticability, and related provisions that affect, […]

Extraordinary Times Call for an Extraordinary Gathering of Minds

Although our minds are overwhelmed by the current state of affairs, we understand the importance of continuing education and advocacy when it comes to digital media licensing.  The Digital Media Licensing Conference allows you to stay informed and connected with our industry.  Mark your calendar for October 25-27, 2020 for the 25th Annual Digital Media […]

Copyright Owners Bear the Brunt of Protecting Against Piracy, 512(c) Report Finds

On May 21, 2020, the United States Copyright Office published its long awaited 512 (c) report and issued recommendations.  The Copyright Office’s report looks at Congress’ intent in enacting the Digital Millennium Copyright Act (DMCA), which offered service providers safe harbors to provide incentives for internet platforms and copyright owners to cooperate in order to detect […]

Court Upholds Group Registrations but Cuts “Look Back” to Three Years

Appellate Court Decides Important Copyright Issues Regarding Corbis Registrations and “Look Back” Period for Copyright Damages (Sohm v. Scholastic Inc., No. 18-2110, 2020 WL 2375056 (2d Cir. May 12, 2020) In a recent decision that finally resolved two outstanding copyright issues, the Second Circuit Court of Appeals—the appellate court encompassing New York—upheld the validity of […]