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Takin’ It to the Streets: Cavalli and Street Artists Clash Over Copyright

Pablo Picasso once said, “good artists copy, great artists steal.” Roberto Cavalli might have done both. The fashion house—which makes everything from perfume to ready-to-wear clothes under the imprint Just […]

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Copyright Battle for Vivian Maier’s Work

Vivian Maier is arguably the most mysterious photographer to have ever lived, and news of a recent court case to determine ownership of her work only adds to the mystery […]

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Lululemon, the Patent Troll of the Fashion Industry?

The famous and expensive active ware brand, Lululemon, might be the latest patent troll.  The company has engaged in a lawsuit with Target-sold Hanesbrand over design patents of work out […]

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New York Music Tech Comes of Age

Slowly but surely, New York has established itself as a hub for technology companies and tech-based startups. According to a recent article in the New York Post, “[i]n the past […]

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Video Games & The Case for Limiting the Breadth of Privacy Law

The world of IP law got another taste of Hollywood recently when Lindsay Lohan filed suit against Rockstar Games and its parent company, Take 2 Interactive, for allegedly infringing on […]

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Sports Teams Should Rethink the Validity of Their Trademarks

The word “Redskin”: its use has been controversial for decades, and its meaning has been offensive for centuries. Yet, one of the most well-known NFL teams has trademarked the term, […]

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New York Ivory Ban Helps Elephants, Hurts Art Dealers

A new law in New York will limit the sale of ivory, following recent federal guidelines.  These new limits may impede on the art world, specifically the lucrative trade of […]

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Art Handlers Look to Unions for Employment Protection

The archetype of a starving artist doesn’t conjure up thoughts about labor laws, employment disputes or, really, even working at all.  However, for many artists these legal issues are a […]

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Portnow Raps to Congress about Music Licensing

Anyone who follows legal issues in the music industry is at least vaguely aware of some of the multitude of challenges that music licensing has faced as the industry has […]

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Between Vogue, Conde Nast & Kanye, Who is “Bound” by Music Copyright Laws?

Landing on the cover of Vogue would be a dream for any celebrity.  When Vogue released its April 2014 issue with Kim Kardashian and Kanye West gracing the cover, the […]

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Patent Trolls Beware: Supreme Court OK’s More Fee Shifting

In the land of lawsuits, it isn’t unusual for the loser to pay the winner’s attorney fees.  Courts make the losing party pay fees in almost every area of law. […]

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Sue Tube: Copyright Implications of Aereo’s TV Streaming Technology

How can a tiny antenna cause such a big problem?  When copyright law, big broadcast networks and politics are involved, it starts to make sense. At least in the case […]

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Alternative Art Spaces Present Alternative Legal Issues

For those interested in contemporary art and culture, it probably comes as no surprise that alternative art spaces are quickly becoming the newest fad in the art community.  Nationwide, artists […]

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Young Animator Feels Left Out in the Cold by Disney’s Trailer for Frozen

Disney has had major box office success with Frozen this past holiday season.  This blockbuster movie brought in over $1 Billion dollars, making it the most successful animated film ever. […]

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Chanels on Canal…What Counterfeiting Really Means

Imagine purchasing a rare, vintage Rolex watch, universally coveted and haughtily worthy of its lavish price tag-a cool $8,000, no less.  Suddenly, the tick is no longer tock-ing and naturally, […]

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We’re All Ears: Disney’s Investigation of Deadmau5’s Trademark Registration

A legal battle may be brewing between media conglomerate Disney and electronic music producer and performer Joel Zimmerman, better known by his stage name, deadmau5 (pronounced: deadmouse). On March 28, […]

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Bling It On: Copyright & The Rise of Jewelry Infringement Lawsuits

Copyright infringement cases involving jewelry designs have been springing up quite a lot recently: fast fashion retailers like H&M and Forever21 have been accused of knocking off designs, and famous […]

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IP For Kids!

Kids these days are growing up in a digital world. They learn how to use a smart phone before they can even talk. They spend more time indoors on their […]

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Coffee, Tea, or Lawyer Fees?: The Legal Implications of “Dumb Starbucks”

While the Dumb Starbucks Coffee, which graced the Los Feliz neighborhood of Los Angeles over the weekend of February 7th, has been shut down (for a different violation of law […]

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The LaBeouf Scandal: Why You Should Not Plagiarize

Actor Shia LaBeouf has been under a lot of controversy lately.  In fact, it’s pretty clear that the actor is hated by many people now, especially by artists who are […]

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(Th)ink Again: Who Owns Your Tattoo Under Copyright Law?

Nowadays, it seems like everyone has tattoos: from sports stars to tweenagers, more and more people are getting inked in a very recognizable way (take Rihanna or Colin Kaepernick, for […]

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Avoiding Architectural Follies

Architecture.  One of my favorite forms of art, if not my favorite.  Stand in front of the U.S. Capitol, enter St. Patrick’s in New York, look up at the Chrysler […]

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The Downside to Photojournalism: Everyone Wants The First Shot

Getty Images (Getty) and Agence France-Presse (AFP) have appealed a $1.2 million jury verdict in favor of photographer Daniel Morel, calling the verdict a “miscarriage of justice.”  The jury determined […]

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Clothes-Minded: Trademark Law and Fashion “Parodies”

Fashion parodies are all rage right now: from sweatshirts to hats to bags, there is no shortage of designers poking fun at other designers. (Think: the Homiès sweatshirt featuring a […]

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On the First Day Of Christmas My True Love Sent To Me… A Lawsuit?

It’s the most wonderful time of the year: gathering with friends and family, decorating the tree, and, of course, Christmas music. Like the song about snow and Santa and – […]

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The Changing Landscape of IP Dispute Resolution

We’re going to go down a slightly different path here today, folks.  No snark. no jokes, no kitsch (not even of the Taylor kind!).  Nope, today we’re going to discuss […]

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Case Dismissed: Google’s Scanning of Books is “Fair Use”

In a landmark copyright case, Judge Denny Chin of New York ruled that Google’s scanning of books without permission of the author is fair use, ending the 8-year battle between […]

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Independent Creation vs Subconscious Copying

By now, you should have heard of Robin Thicke’s song, “Blurred Lines”.  It’s topped the Billboard charts at No. 1 for 11 weeks straight this summer, breaking the record for the longest […]

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IP Rights and Low Cost 3-D Printing: A New Frontier

Recent advances in 3-D printing technology made it possible to create highly detailed and accurate three dimensional objects of everything from fine art paintings to anatomical structures. As discussed earlier […]

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Vandals or Van Gogh’s? Copyright Law and Graffiti Art

With Banksy’s recent residence, New York City enjoyed daily installations of his work – many of which were almost immediately destroyed or defaced, and the last being confiscated by the […]

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From LOL to Lawsuit: Implications of Using Memes Online and in Advertising

Memes: we’ve all seen them; some of us have even created a few. (I’m not judging. But he is.) They cheer us up when we’re feeling down, and provide a […]

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Design Patents Are A Boon for the Fashion Industry

The fashion industry is a multi-billion dollar business both in this country and abroad.  The Commerce Department announced that total fashion retail sales for the year reached $426.6 billion by […]

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Fashion Weak: Copyright’s Lack of Protection for Fashion Designs

With fashion month (unfortunately) over, it seems an appropriate time to discuss how copyright law treats fashion designs – or, should I say, how copyright law doesn’t treat fashion designs. […]

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A ‘Fair Use’ Fight with a Copyright Lawyer?

Lawrence Lessig is no ordinary copyright lawyer. He is one of the most prominent copyright lawyers in the country. Lessig is well-known for his strong activism for Internet freedom.  He […]

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Mirfkins and Birkins and Bags, Oh My!

Handbags are not my specialty.  In fact, I’ve never even owned a European Carry-All.  But, intellectual property and art are subjects that I’m very interested in, and that is why I […]

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Is Your Cultural Attire the Newest Fashion Trend?

It’s that time of year again, Mercedes Benz Fashion Week in NYC.  One trend on the runways for the past few seasons has been designers’ use of culturally identifying prints […]

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Eat Your ‘Art’ Out: Culinary Arts and IP Law

Have you ever wondered where intellectual property protections and the culinary arts intersect?  Of course not, you’re a normal human being!  However, with the strong growth in the restaurant industry, […]

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How Can I Protect My Images Online?

With the wave of technological advancements on the Internet and social media, it’s nearly impossible for photographers to protect their photos online.  Even if you wish to protect your photos […]

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Video Killed the Radio Star…So, Be Careful?

Say the words “personal video” and what do you imagine?  If you’re like me, your first thought is “home movies.”  Gah!  Wait, don’t cringe!  This is different than your dad’s […]

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Kate Spade Wins In The Battle for Saturday

The battle between “Kade Spade” and “Saturdays Surf NYC” has reached a climatic conclusion (or has it?) in a recent court ruling in favor of Kate Spade, finding that there was no […]

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Are There Copyright Concerns with the 3-D Printing Industry?

  It seems like everything is turning to 3-D technology.  From films to visual art to fashion and even human cells, the transformation of art into 3-D has become an […]

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2013 Film Festival Schedule

Gone are the days of submitting your films or screenplays to large production companies for the purpose drawing interest in your project and attracting an audience. For a small fee, […]

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That’s Not My Painting!

You’re a fine arts painter with a colorful aesthetic.  Your most recent work was an abstract oil painting with vibrantly colored lineal structures.  You notice a local art gallery carrying […]

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A Cool New Way for Artists to Donate to Charity Using Their Talents

A new company called ProBueno, lets you give back using the best way you know how, your talent. The founders of ProBueno, who are all MIT grads, came up with […]

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Canada’s Attempt to Crack Down on Counterfeit Products

Canada’s Parliament has introduced a new bill entitled the Combating Counterfeit Products Act. This bill amends the Copyright Act and the Trademark Act by adding new civil and criminal remedies […]

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Online Pirates, You’ve been Warned

The next time you think about downloading copyrighted movies and music, think again. The Center for Copyright Information (CCI) has launched The Copyright Alert System (CAS). An agreement was formed […]

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Screenwriters: 3 Things You Should Know Before Sending Scripts To Producers

Are you a screenwriter? Chances are you’ve sent plenty of scripts to production companies and desperately posted scripts to online libraries with the hopes of it getting noticed by producers.

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Wearable Technology: A Bra That Can Save Lives

Most women wear bras as a means of supporting their breast, prevent sagging, lift and shape the breast upward. Some women simply wear bras because of cultural reasons and the fact that it is socially acceptable.