Law Commons^™

Kiesza’S “Hideaway” Music Video The Subject Of Copyright Infringement And False Endorsement Lawsuit, Bianca Acquaviva

AELJ Blog

In 2014, Canadian recording artist Kiesza released the music video for “Hideaway,” which later became a number one song. The video, which has over 300 million views on YouTube and has been nominated for numerous awards, features the artist dancing around a block in Williamsburg, Brooklyn against a backdrop of graffiti-covered walls.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 26, 2016. The original post can be accessed via the Archived Link button above.

The Fight Against Uber’S Privacy Infringement, Alexa Shore

AELJ Blog

As of July 15, 2015, Uber updated its privacy policy, which caused customers to delete the app from their cellular phones immediately. Uber implemented two main changes with its new privacy policy. It now gives the company the ability to access users’ location data and the capability of sending ads and promotions to users’ address books from their mobile phones. In its policy, Uber explains that it utilizes elaborate software to track consumer’s precise locations, allowing the company to track users even when the app is shut off, deleted, or when the GPS function is turned off. Furthermore, Uber’s privacy …

Supreme Court Agrees To Review Design Patent Infringement Damages, Timothy Coughlin

AELJ Blog

On May 15, 2015, the United States Court of Appeals for the Federal Circuit (The Federal Circuit) handed down its decision in Apple, Inc. v. Samsung Elecs. Co. The court held that Samsung’s mobile phones had infringed two of Apple’s design patents for the iPhone series of products, D593,087, which claims some ornamental design regarding the iPhone bezel, and D604,305, which claims the ornamental design of the GUI (graphical user interface). The Federal Circuit invoked 35 U.S.C. § 289, which states: “Whoever during the term of a patent for a design, without license of the owner, (1) applies the patented …

The (Trademark) Battle Over Krusty Krab, Amanda Natiello

AELJ Blog

Who lives in a pineapple under the sea? SpongeBob SquarePants, of course, in the world of Bikini Bottom. In the popular children’s television show, which will make the move to the Chicago stage later this year, SpongeBob works for Mr. Krabs as “Vice Assistant General Manager in charge of certain things” at the Krusty Krab, a pivotal location in the show. The Krusty Krab is known for its Krabby Patties, a burger of sorts whose secret ingredients make it impossible to acquire outside of Bikini Bottom. That is, unless Viacom, Nickelodeon’s parent company, opens one on land.

This post was …

Deflategate: Can We Eliminate Litigation In Nfl Player Discipline Disputes?, Jeremy Sykes

AELJ Blog

Though the NFL offseason is set to begin, and many new stories will dominate the media, one story refuses to go away: Deflategate. With the case currently on appeal, it is important to entertain the possibility that the Deflategate saga has gone on for too long. Are there better ways to resolve the issues surrounding Deflategate and NFL player discipline disputes, ones that avoid litigation altogether?

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 16, 2016. The original post can be accessed via the Archived Link button above.

“Happy Birthday To You” And You And You—The Song Belongs To All Of Us!, Ruma Mazumdar

AELJ Blog

After close to three years of litigation, a copyright battle over whether the nation’s most sung song belongs to the public or a music publisher has finally been settled. The popular birthday celebration song that we’ve all grown up singing, “Happy Birthday To You” belongs to the public domain. As a result, anyone who wants to use the song in a video, movie, TV show, musical, or any sort of performance, will not have to worry about paying for the use of the song—it is totally free.

This post was originally published on the Cardozo Arts & Entertainment Law Journal …

Police Are Arresting People For Making Threats With Emojis — :D Or :(?, Rachel Rosen

AELJ Blog

Emojis, or emoticons, have become increasingly common fixtures in our everyday lives. Described by one court as the “little cartoon face that can be added to the text of an instant message . . . used to illustrate how the speaker is feeling or the intended message of what he or she has written,”1 emojis by their nature can clarify meaning, convey emotions—like love, frustration, anger, and sarcasm—and may even suggest tone. By virtue of this, emojis are increasingly seen as having evidentiary significance. This presents a new issue for courts to grapple with: should these symbols be understood as …

Social Media As A Problematic New Forum For Defamation Lawsuits, Shana Feibus

AELJ Blog

Gone are the days where a celebrity’s biggest worry is what will be printed about her in the hottest magazine. Magazines are no longer flying off the shelves or being tossed onto lawns in America as frequently as they used to be. Usage of traditional media, such as magazines, cable news, and newspaper, has fallen. In 2015, the Pew Research Center found that weekday circulation of newspaper is down 19% since 2004 and viewership of cable news is down 8% from 2014. Consumers have not stopped reading or listening to the news. They are simply receiving their news from elsewhere. …

Will The Real Kylie Please Stand Up?, Adam Valko

AELJ Blog

Kylie Jenner (pictured above, left), has found herself in a bit of a legal scrape having nothing to do with the actions of her infamous family. Jenner, the youngest of the Keeping Up with the Kardashians clan, has, until this point, been famous merely for being the youngest child of Kris Jenner and making appearances on their E! television series. However, she has recently attempted to create a name for herself by jumping into the world of clothing and cosmetics.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 16, 2016. The original …

Hulk Hogan, The Celebrity Sex Tape, And The First Amendment, Alyssa Kaplun

AELJ Blog

A Florida jury has decided that a grainy sex tape released without permission is worth $115 million in compensatory damages, plus $25 million in punitive damages, resulting in a staggering award of $140 million. Retired wrestler Hulk Hogan, whose real name is Terry G. Bollea, brought the lawsuit against the founder and former Editor-In-Chief of news and gossip website Gawker for invasion of privacy after the posting of a clip of the mid-2000’s sex tape. The grainy black-and-white footage, posted by Gawker in 2012, shows Bollea having sex with the wife of his friend, Todd Clem. While the video itself …

Terrorism Versus The Right To Privacy: Apple Takes On The Doj, Anastasia Dolph

AELJ Blog

The long-simmering struggle between two essential American interests came to a dramatic head this week when Apple indicated its intent to appeal a court order directing the company to unlock an iPhone used by Syed Rizwan Farook, one of the San Bernardino terrorists. The case brought to light the enduring and intense battle between privacy rights and national security. For over a decade, Americans have grappled with how to prevent acts of terrorism on American soil without contravening our highly valued right to privacy.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April …

Update: What Will The Future Hold For Daily Fantasy Sports?, Sam Dobre

AELJ Blog

At this given time, FanDuel and DraftKings are both legal in the state of New York. The fantasy sports industry allows people to create their own professional football, baseball, basketball, and hockey teams from the rosters of the real players and to accumulate points based on their performance in real games throughout the season. However, the daily version is a sped up version of fantasy sports, which allows participants to bid on a lineup they create based on real players playing actual games. The strongest argument for fantasy sports supporters is its comparison to a skill based game, and not …

Balancing Privacy With Security, Laura Kaye

AELJ Blog

In the investigation following the San Bernardino killings where fourteen people were murdered and twenty-two were left injured, authorities learned that one of the killers, Tashfeen Malik, had revealed violent inclinations in her social media activities. Since 2012, Malik had shown allegiance with radical jihad. CBS News made clear that Malik expressed her support in Facebook communications, which were initiated even before her arrival in the United States. At the time of the massacre, there was also a Facebook post on her page expressing her support for ISIL. However, it is unclear whether this message was a red flag of …

Announcing The Volume 35 Masthead, Cardozo Arts & Entertainment Law Journal

AELJ Blog

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 5, 2016. The original post can be accessed via the Archived Link button above.

Politics As Entertainment, Fair Use, And The Campaign Industrial Complex, Randall Tesser

AELJ Blog

In the spirit of Comic-Con and Star Trek conventions, political junkies now have Politicon, a nexus where they can socialize, debate, share obscure knowledge, and hope to catch a glimpse of a famous political figure or two. Politicon seems to arrived at just the right time, in a decade when the overlap between politics and entertainment has never been more evident. Businessman-turned-reality-TV-star Donald Trump is once again dominating the airwaves in his new pursuit as a presidential candidate. Republicans and Democrats alike have turned the debates of both their own parties, and of their competitors’ into social events with debate …

‘Haters Gon’ Hate’ Rule 12(B)(6): The Potential For Bad Blood Between Pro Se Plaintiffs And The Well Pleaded Complaint In Copyright Infringement Lawsuits, Samantha Castrelos

AELJ Blog

On November 10, 2015, Federal Magistrate Judge Gail Standish from the Central District of California dismissed a copyright infringement suit made by Jesse Braham against music powerhouse Taylor Swift. Braham claimed that the lyric in Swift’s song “Shake It Off,” “The haters gon’, hate, hate, hate, hate, hate,” was based off his 2013 song “Haters Gone Hate.” Citing the Plaintiff’s pro se complaint, Judge Standish wrote, “Braham alleges that ‘92% of the lyrics’ of ‘Shake It Off’ come from his song, that his ‘song phrase string is used over 70+ times,’ and that Taylor Swift would not have written ‘Shake …

New Impressions On Advertising Law, Cardozo Arts & Entertainment Law Journal

AELJ Blog

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on February 9, 2016. The original post can be accessed via the Archived Link button above.

Richard Prince Finds Himself In Another Lawsuit, Andrea Sobolewski

AELJ Blog

Appropriation is commonplace in today’s art world. But what happens when the appropriator appropriates too much? Richard Prince has made a name for himself as a well-known appropriation artist. Naturally the use of a copyrighted image without permission of the copyright owner leads to disputes, and Prince’s art has once again created controversy.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on February 9, 2016. The original post can be accessed via the Archived Link button above.

Politics As Entertainment, Fair Use, And The Campaign Industrial Complex, Randy Tesser

AELJ Blog

In the spirit of Comic-Con and Star Trek conventions, political junkies now have Politicon, a nexus where they can socialize, debate, share obscure knowledge, and hope to catch a glimpse of a famous political figure or two. Politicon seems to arrived at just the right time, in a decade when the overlap between politics and entertainment has never been more evident. Businessman-turned-reality-TV-star Donald Trump is once again dominating the airwaves in his new pursuit as a presidential candidate. Republicans and Democrats alike have turned the debates of both their own parties, and of their competitors’ into social events with debate …

Kim Kardashian’S Morning Sickness: How The Fda Regulates Consumer Advertising On Social Media, Dinora Smith

AELJ Blog

In early August 2015, the Queen of the Internet, Miss Kim Kardashian West, caught the eyes of the Food and Drug Administration via her Twitter, Facebook and Instagram accounts. The reality TV star was then pregnant with her second child, and wrote this message to her followers promoting the morning sickness drug Diclegis.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on February 9, 2016. The original post can be accessed via the Archived Link button above.

Police Suppression Of Assembly And Free Speech Rights, Katherine Sacks

AELJ Blog

In fall 2015, a unique class-action lawsuit was filed against the City of New York for unconstitutional arrests made in 2012. Two firms, Wolf Haldenstein Adler Freeman & Herz LLP and Stecklow & Thompson, are suing on behalf of over 200 people who were arrested between September 15, and September 17, 2012, while engaged in protests marking the first anniversary of the Occupy Wall Street demonstrations. The civil rights suit, which names the city of New York, former Mayor Michael Bloomberg, former police commissioner Raymond Kelly, and four police commanders, claims that the City has a policy of intentionally arresting …