On April 12, 2021, Florida-based creative agency, Creative Klick Agency LLC, filed a lawsuit in the Southern District of Florida against Dan Bilzerian and his spirits company, Ignite Spirits Inc. and related companies. Creative Klick alleged that the spirits brand used its photos on various social media accounts, including those belonging to Bilzerian, and on
Copyright
Model Misbehavior? Gigi Hadid Faces Copyright Suit Over Instagram Post
Gigi Hadid found herself sued for copyright infringement by New York photo agency Xclusive-Lee, Inc. over a photo the fashion model posted to her Instagram account. The disputed photo was of Hadid herself, smiling at the camera while wearing a blue denim jacket and matching shorts with silver heels, and was snapped by paparazzi. Xclusive-Lee…
Who Owns That Dance Move?
On December 5th, 2018, Terrence Ferguson, better known as 2 Milly, filed a complaint in the United States District Court for the Central District of California alleging that Epic Games, Inc. committed copyright infringement and violated right of publicity and unfair competition laws by implementing the “Milly Rock” dance into their free-to-play video game Fortnite…
NRA Is Full of Beans, Claims Sculpture Artist in Copyright Suit
The British artist Anish Kapoor, sculptor of the iconic Chicago art piece Cloud Gate, known colloquially as the Bean, filed suit against the National Rifle Association (“NRA”) for using imagery of Cloud Gate in online videos without his permission. Kapoor registered Cloud Gate with the U.S. Copyright Office in January 2016, and was “shocked…
University of Illinois Launches Suit Against “Make Illinois Great Again” Shirt Seller
The University of Illinois sued Ted O’Malley, the seller of shirts that feature the University’s former symbol, “Chief Illiniwek,” and the phrase “Make Illinois Great Again” for trademark and copyright infringement, false advertising, trademark dilution, various common law torts, and violations of Illinois consumer protection laws in March of this year. The University owns various…
Brexit and Copyright Law
At the end of March the European Commission issued a “Notice to Stakeholders. Withdrawal of the United Kingdom and EU Rules in the Field of Copyright.” It is a helpful but notably incomplete summary of the legal repercussions of Brexit on copyright law in the UK and EU.
In what ways is the Notice incomplete?…
Monkey See, Monkey Selfie, No Copyright
In 2016, People for the Ethical Treatment of Animals (“PETA”) brought an action on behalf of Naruto, a Crested Macaque residing in Indonesia. PETA asserted claims of copyright infringement against a wildlife photographer who published a book which included a selfie taken by Naruto using the photographer’s camera. The United States District Court for the…
Nine Lives Indeed: Grumpy Cat Wins IP Lawsuit Against Beverage Company
Anyone who has been on the internet since 2012 likely recognizes the ubiquitous frowning face of “Grumpy Cat,” real name Tardar Sauce, emblazoned upon memes, videos, and products. Her fame and market power is far from restricted to the internet though; since her internet debut, she has appeared on television shows, starred in advertisements for…
Artist Sues Lollapalooza Over Advertising and Festival Merchandise
Last month, Juan Marco filed a copyright infringement suit against Live Nation and the other promoters of the summer music festival, Lollapalooza. According to the complaint, Marco granted a limited license to the concert promoters to use Marco’s artwork for three years and only for use in the United States and Chile. Marco alleges that…
Florida Supreme Court Denies Copyright Protection for Sound Recordings Predating Coverage Under the Federal Copyright Act
In a major victory for media and broadcast entities, the Supreme Court of Florida recently established that Florida law does not recognize exclusive copyright protections for sound recordings that were “fixed” before February 15, 1972. Sound recordings fixed after this date are governed by federal copyright law.
This decision arose out of a copyright infringement…