Pamela Chestek
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What We Don’t Know in Warhol – Who the Infringer Is and By Doing What
I expect to see a lot of reports that the recent Supreme Court decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith held that Andy Warhol’s Prince series of 16 works, or at least the “Orange Prince” that was licensed to Condé Nast, is an infringement of Lynn Goldsmith’s photograph. In fact, […] Continue reading
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Exclusivity for Exactly What?
Does an exclusive agent for a photographer have standing to bring a copyright infringement suit on behalf of that photographer? The Ninth Circuit has said yes; the Northern District of Georgia says no. Plaintiff Creative Photographers, Inc. (“CPi”) represented non-party photographer Ruvén Afanador. The defendants are accused of infringing the copyright in one of his […] Continue reading
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A Copyright Chicken and Egg Problem
As told in the complaint, plaintiff Gail Taylor nee Bridges started her concert photography career in high school, with some of her photographs published in a 1975 high school yearbook. By 1980, she had at least 1000 photos of the most famous artists and bands of the era. She stored the photos at her parents’ […] Continue reading
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The Smallest of Details
We’re all generalists for one thing or another. We have specialized knowledge in some field, but the practice of law isn’t so neat that everything you do falls within your core knowledge. Those who trade in contract work may cover many different types of deals and will necessarily rely on forms to take care of […] Continue reading
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Can They Do That? Dungeons & Dragons Edition
I hadn’t paid a lot of attention to the furor over a proposed license change to the Dungeons & Dragons game by Wizards of the Coast until I read an article on Ars Techica. The original license, called the Open Game License Version 1.0a, is what I would call an open culture license, granting liberal […] Continue reading
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It’s Best If the Registrant Files the Lawsuit
This is something that I probably shouldn’t have to blog about, but here we are. Plaintiff Palm Beach Concours LLC filed a complaint against defendant SuperCar Week, Inc. for: Count I, trademark infringement in violation of 15 U.S.C. § 1114 (infringement of a registered trademark); Count II for unfair competition in violation of 15 U.S.C. […] Continue reading
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A Scheme to Steal Software?
I’ve been meaning to write about this case for a long time, and was finally inspired by the “Order Finding Defendants Entitled to Attorneys’ Fees,” entered after the case ended on a motion to dismiss, which tells you it went resoundingly badly for the plaintiff. Long-read warning. Since the case ended on a motion to […] Continue reading
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Even an Exclusive Licensee Can’t Sue the Trademark Owner for Infringement
This might strike you as odd. An exclusive licensee of a copyright can sue the copyright owner for infringement, Essex Music, Inc. v. ABKCO Music & Recs., Inc., 743 F. Supp. 237, 241 (S.D.N.Y. 1990), and a exclusive licensee of a patent can sue the patent owner for infringement, Ortho Pharm. Corp. v. Genetics Inst., […] Continue reading
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Why Newspapers Are Still Relevant
For the legal notices. This kind of story requires a timeline. Grocery store chain Fairway Markets went into Chapter 11 bankruptcy. The chain had a copyright license for the use of photographs in the stores on “Store Furnishings” granted by photographer Ferguson and Katzman Photography, Inc. (“Katzman”). The license expired during the pendency of the […] Continue reading
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It’s a Really Good Idea to Get the Contract Signed
Not signing the agreement wasn’t fatal to the plaintiff’s claim, but it might have avoided the lawsuit altogether. Plaintiff Olson Kundig is an architectural firm whose owner and design principal is Tom Kundig. Defendant 12th Avenue Iron is a custom architectural metalwork fabricator owned by Stephen Marks. In 2009 Kundig and Marks decided to work […] Continue reading
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